Worcester v. Georgia :: 31 U.S. 515 (1832) :: Justia US Supreme... https://supreme.justia.

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Worcester v. Georgia, 31 U.S. 515

(1832)

Syllabus Case

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U.S. Supreme Court

Worcester v. Georgia, 31 U.S. 6 Pet. 515 515 (1832)

Worcester v. Georgia

31 U.S. (6 Pet.) 515

Syllabus

A writ of error was issued to "The Judges of the Superior Court for the County of Gwinett in
the State of Georgia" commanding them to send to the Supreme Court of the United States
the record and proceedings in the said Superior Court of the County of Gwinett, between
the State of Georgia, plaintiff, and Samuel A. Worcester, defendant, on an indictment in
that Court. The record of the Court of Gwinnett was returned, certified by the clerk of the
Court, and was also authenticated by the seal of the Court. It was 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.

By the Court: The Judicial Act, so far as it prescribes the mode of proceeding, appears to
have been literally pursued. In February, 1979, a rule was made on this subject in the
following words:

"It is ordered by the Court that the clerk of the Court to which any writ of error shall be
directed may make return of the same by transmitting a true copy of the record, and of all
proceedings in the same, under his hand and the seal of the Court."

This has been done. But the signature of the judge has not been added to that of the clerk.
The law does not require it. The rule does not require it.

The plaintiff in error was indicted in the Supreme Court for the County of Gwinnett in the
State of Georgia,

"For residing, on the 15th July, 1831, in that part of the Cherokee Nation attached by the
laws of the State of Georgia to that County, without a license or permit from the Governor
of the State, or from anyone authorized to grant it, and without having taken the oath to
support and defend the Constitution and laws of the State of Georgia, and uprightly to

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