under the
authority of the President of the United States, and has not since been
required by him to leave it: that he was, at the time of his arrest,
engaged in preaching the Gospel to the Cherokee Indians, and in
translating the sacred Scriptures into their language, with the
permission and approval of the said Cherokee nation, and in accordance
with the humane policy of the Government of the United States for the
civilization and improvement of the Indians; and that his residence
there, for this purpose, is the residence charged in the aforesaid
indictment: and this defendant further saith, that this prosecution the
State of Georgia ought not to have or maintain, because, he saith, that
several treaties have, from time to time, been entered into between the
United States and the Cherokee nation of Indians, to wit: at Hopewell,
on the 28th day of November, 1785; at Holston, on the 2d day of July,
1791; at Philadelphia, on the 26th day of June, 1794: at Tellico, on the
2d day of October, 1798; at Tellico, on the 24th day of October, 1804;
at Tellico, on the 25th day of October, 1805; at Tellico, on the 27th
day of October, 1805; at Washington city, on the 7th day of January,
1805; at Washington city, on the 22d day of March, 1816; at the
Chickasaw Council House, on the 14th day of September, 1816; at the
Cherokee Agency, on the 8th day of July, 1817; and at Washington city,
on the 27th day of February, 1819: all which treaties have been duly
ratified by the Senate of the United States of America; and, by which
treaties, the United States of America acknowledge the said Cherokee
nation to be a sovereign nation, authorized to govern themselves, and
all persons who have settled within their territory, free from any right
of legislative interference by the several States composing the United
States of America, in reference to acts done within their own territory;
and, by which treaties, the whole of the territory now occupied by the
Cherokee nation, on the east of the Mississippi, has been solemnly
guarantied to them; all of which treaties are existing treaties at this
day, and in full force. By these treaties, and particularly by the
treaties of Hopewell and Holston, the aforesaid territory is
acknowledged to lie without the jurisdiction of the several States
composing the Union of the United States; and, it is thereby specially
stipulated, that the citizens of the United States shall not enter the
aforesaid territory, eve