The Crown could not be understood to grant what the Crown did not affect to claim; nor was it so understood. What is a suit but a prosecution, and can anyone suppose that it was the intention of Congress, in using the word "suit," to make a distinction between a civil prosecution and a criminal one? Worcester v. Georgia is a case decided on March 3, 1832, by the United States Supreme Court in which the court found that a Georgia law aiming to regulate dealings with the Cherokee Nation was unconstitutional because it interfered with the federal government's treaty authority. He was seized and forcibly carried away while under guardianship of treaties guarantying the country in which he resided and taking it under the protection of the United States. [1], Oral arguments were held on February 21-23, 1832. This duty, however unpleasant, cannot be avoided. 483 (1832) Mr. Chief Justice John Marshall delivered the opinion of the Court. On this indictment, the defendant was arrested, and, on being arraigned before the Superior Court for Gwinnett County, he filed, in substance, the following plea: He admits that, on the 15th of July 1831, he was, and still continued to be, a resident in the Cherokee Nation, and that the crime, if any were committed, was committed at the town of New Echota, in said nation, out of the jurisdiction of the Court. When our revolutionary struggle commenced, Congress was composed of an assemblage of deputies acting under specific powers granted by the legislatures, or conventions of the several colonies. Several acts having the same object in view were passed prior to this one, but, as they were repealed either before or by the Act of 1802, their provisions need not be specially noticed. The political autonomy Native American tribes have today is based, in part, on the precedent of Worcester v. Georgia. have applied them to Indians, as we have applied them to the other nations of the earth. This was a writ of error to the superior court for the county of Gwinnett, in the state of Georgia. The exercise of these and other powers gives to them a distinct character as a people, and constitutes them, in some respects, a state, although they may not be admitted to possess the right of soil.
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