sense of the demands of justice; if Congress does not soon resolve itself into a board of trust for the safe keeping and faithful disbursement of every farthing of income from Indian lands, for the benefit of Indians, and to incur any other expense, which their good may require, they will prove themselves delinquent in one of the highest and most sacred duties. I persuade myself, that the voice of the nation will demand it, and that it will be done. The injuries of that people have come to a height, which demands an atonement. And it was especially befitting the present Secretary at War, that he should be the first to propose it. APPENDIX. No. I. The Opinion of the Supreme Court of the United States, by Chief Justice MARSHALL, in the Case of the Cherokee Indians, January Term, 1832. SAMUEL A. WORCESTER, v. THE STATE OF GEORGIA. THIS cause, in every point of view in which it can be placed, is of the deepest interest. The defendant is a State, a member of the Union, which has exercised the powers of government over a people who deny its jurisdiction, and are under the protection of the United States. The plaintiff is a citizen of the State of Vermont, condemned to hard labour for four years in the penitentiary of Georgia, under colour of an act which he alleges to be repugnant to the constitution, laws, and treaties of the United States. The legislative power of a State, the controlling power of the constitution and laws of the United States, the rights, if they have any, the political existence of a once numerous and powerful people, the personal liberty of a citizen, are all involved in the subject now to be considered. It behoves this Court, in every case, more especially in this, to examine into its jurisdiction with scrutinizing eyes, before it proceeds to the exercise of a power which is controverted. The first step in the performance of this duty, is the inquiry whether the record is properly before the Court. It is certified by the Clerk of the Court which pronounced the judgment of condemnation under which the plaintiff in error is imprisoned, and is also authenticated by the seal of the Court. It is returned with, and annexed to a writ of error issued in regular form, the citation being signed by one of the Associate Justices of the Supreme Court, and served on the Governor and Attorney General of the State more than thirty days before the commencement of the term to which the writ of error was returnable. The Judicial act,* so far as it prescribes the Judicial Act, sec. 22, 25. Vol. II. pp. 64, 65. |