TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P47

Gale Encyclopedia of American Law Volume 13 P47 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 446 CIVIL RIGHTS PRIMARY DOCUMENTS NATIVE AMERICAN RIGHTS WORCESTER V. THE STATE OF GEORGIA control the intercourse with the said Cherokee Nation which by the said Constitution belongs exclusively to the Congress of the United States and because the said laws are repugnant to the statute of the United States passed on the-------day of March 1802 entitled An Act to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontiers and that therefore this court has no jurisdiction to cause this defendant to make further or other answer to the said bill of indictment or further to try and punish this defendant for the said supposed offense or offenses alleged in the bill of indictment or any of them and therefore this defendant prays judgment whether he shall be held bound to answer further to said indictment. This plea was overruled by the court and the jurisdiction of the Superior Court of the County of Gwinnett was sustained by the judgment of the court. The defendant was then arraigned and pleaded not guilty and the case came on for trial on the 15th of September 1831 when the jury found the defendants in the indictment guilty. On the same day the court pronounced sentence on the parties so convicted as follows The State v. . Thompson et al. Indictment for residing in the Cherokee Nation without license. Verdict Guilty. The State v. Elizur Butler Samuel A. Worcester et al. Indictment for residing in the Cherokee Nation without license. Verdict Guilty. The defendants in both of the above cases shall be kept in close custody by the sheriff of this county until they can be transported to the penitentiary of this State and the keeper thereof is hereby directed to receive them and each of them at hard labor in said penitentiary for and during the term of four years. A writ of error was issued on the application of the plaintiff in error on the 27th of October 1831 which with the following proceedings thereon was returned to this court .

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