Supreme Court of the United States

Samuel A. Worcester, Plaintiff in Error v. the State of Georgia — Baldwin, J., dissenting

March 18, 183231 U.S. 515

Summary

Justice Baldwin dissented, stating that the writ-of-error record was improperly returned by the clerk rather than by the state court and that he adhered to his previously expressed view on the merits. The Court nevertheless held that the Georgia statute was invalid under federal law, that Worcester's plea was a valid defense, and that the state judgment had to be reversed and the prosecution ended. Mr. Justice M’Lean, concurring, supported the result and separately addressed the record's authentication, appellate jurisdiction, federal supremacy, and the Cherokee Nation's treaty-protected self-government.