ed to the
protection of the constitution, laws, and treaties, of his country.
It is the opinion of this Court that the judgment of the Superior Court
for the county of Gwinnett, in the State of Georgia, condemning Samuel
A. Worcester to hard labor, in the penitentiary of the State of
Georgia, for four years, was pronounced by that Court under color of a
law which is void, as being repugnant to the constitution, treaties,
and laws of the United States, and ought, therefore, to be reversed and
annulled.
MANDATE OF THE COURT.
SUPREME COURT OF THE UNITED STATES, _January Term_, 1832.
SAMUEL A. WORCESTER, } _In Error to the Superior_
_Plaintiff in Error_, } _Court for the County of_
_vs._ } _Gwinnett, in the State of_
THE STATE OF GEORGIA. } _Georgia._
This cause came on to be heard on the transcript of the record from the
Superior Court for the County of Gwinnett, in the State of Georgia, and
was argued by counsel: on consideration whereof, it is the opinion of
this Court, that the act of the Legislature of the State of Georgia,
upon which the indictment in this case is founded, is contrary to the
constitution, treaties, and laws, of the United States; and, that the
special plea, in bar, pleaded by the said Samuel A. Worcester, in
manner aforesaid, and relying upon the constitution, treaties, and
laws, of the United States, aforesaid, is a good bar and defence to the
said indictment, by the said Samuel A. Worcester; and, as such, ought
to have been allowed and admitted by the said Superior Court for the
County of Gwinnett, in the State of Georgia, before which the said
indictment was pending and tried; and that there was error in the said
Superior Court of the State of Georgia, in overruling the plea so
pleaded, as aforesaid. It is, therefore, ordered and adjudged, that the
judgment rendered in the premises, by the said Superior Court of
Georgia, upon the verdict upon the plea of Not Guilty, afterwards
pleaded by the said Samuel A. Worcester, whereby the said Samuel A.
Worcester is sentenced to hard labor in the penitentiary of the State
of Georgia, ought to be reversed and annulled. And this Court,
proceeding to render such judgment as the said Superior Court of the
State of Georgia should have rendered, it is further ordered and
adjudged, that the said judgment of the said Superior Court be, and
hereby is, reversed and annulled; and that
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