POS2041 Lecture Notes - Lecture 27: Thurgood Marshall
Document Summary
Indicted under an 1830 act of the georgia legislature entitled "an act to prevent the exercise of assumed and arbitrary power by all persons, under pretext of authority from the cherokee. Worcester was convicted and sentenced to "hard labour in the penitentiary for four years. " The u. s. supreme court received the case on a writ of error: constitutional question. Whether the state of georgia had the authority to regulate the intercourse between citizens of its state and members of the cherokee nation: conclusion. In an opinion delivered by chief justice john marshall, the court held that the georgia act, under which worcester was prosecuted, violated the constitution, treaties, and laws of the united. Cherokee nation, then, is a distinct community occupying its own territory where the laws of. The whole intercourse between the united states and this nation, is, by our constitution and laws, vested in the government of the united states. "