in the said territory so
recognized as belonging to the said nation, and so, as aforesaid, held
by them, under the guaranty of the United States: that, for those acts,
the defendant is not amenable to the laws of Georgia, nor to the
jurisdiction of the courts of the said State; and that the laws of the
State of Georgia, which profess to add the said territory to the several
adjacent counties of the said State, and to extend the laws of Georgia
over the said territory, and persons inhabiting the same; and, in
particular, the act on which this indictment _vs._ this defendant is
grounded, to wit: "An act entitled an act to prevent the exercise of
assumed and arbitrary power, by all persons, under pretext of authority
from the Cherokee Indians, and their laws, and to prevent white persons
from residing within that part of the chartered limits of Georgia,
occupied by the Cherokee Indians, and to provide a guard for the
protection of the gold mines, and to enforce the laws of the State
within the aforesaid territory," are repugnant to the aforesaid
treaties; which, according to the constitution of the United States,
compose a part of the supreme law of the land; and that these laws of
Georgia are, therefore, unconstitutional, void, and of no effect: that
the said laws of Georgia are also unconstitutional and void, because
they impair the obligation of the various contracts formed by and
between the aforesaid Cherokee nation and the said United States of
America, as above recited: also, that the said laws of Georgia are
unconstitutional and void, because they interfere with, and attempt to
regulate and control, the intercourse with the said Cherokee nation,
which, by the said constitution, belongs exclusively to the Congress of
the United States; and because the said laws are repugnant to the
statute of the United States, passed on the ---- day of March, 1802,
entitled "An act to regulate trade and intercourse with the Indian
tribes, and to preserve peace on the frontiers:" and that, therefore,
this Court has no jurisdiction to cause this defendant to make further
or other answer to the said bill of indictment, or further to try and
punish this defendant for the said supposed offence or offences alleged
in the bill of indictment, or any of them: And, therefore, this
defendant prays judgment whether he shall be held bound to answer
further to said indictment?

GEORGIA, _Gwinnett county_:

Personally appeared in open court, Sa