Samuel A. Worcester, Plaintiff in Error v. the State of Georgia — Lean, J., concurring

Summary

Justice McLean concurred in the Court's judgment reversing Georgia's conviction of Worcester and concluded that the writ of error properly brought the criminal case before the Supreme Court. He reasoned that federal treaties and laws protecting the Cherokee Nation were valid supreme law, that Georgia's conflicting statutes were unenforceable, and that the Cherokee retained self-government subject to the federal government's exclusive authority over Indian intercourse. Justice Baldwin, dissenting, would have rejected the writ because the record was improperly returned and maintained his prior position on the merits.