ter, James Trott, Samuel Mays, Surry Eaton, Austin Copeland, and
Edward D. Losure, white persons as aforesaid, on the fifteenth day of
July, eighteen hundred and thirty one, _did reside_ in that part of the
Cherokee nation attached by the laws of said State to the said county,
and in the county aforesaid, without a licence or permit from his
Excellency the Governor of said State, or from any agent authorized by
his Excellency the Governor aforesaid to grant such permit or licence,
and without having taken the oath to support and defend the constitution
and laws of the State of Georgia, and uprightly to demean themselves as
citizens thereof, contrary to the laws of said State, the good order,
peace, and dignity, thereof.
TURNER H. TRIPPE, _Sol. Gen'l._
JNO. W. A. SANFORD, _Pros'r._
_September_, 1831.
True bill:--JOHN S. WILSON, _Foreman_.
_Witnesses Sworn._--John W. A. Sanford, Charles H. Nelson, Moses
Cantrell, William Wood, Jacob R. Brooks, Jno. F. Cox, William Tippins,
Hubbard Barker.
GWINNETT SUPERIOR COURT, _September Term_, 1831.
STATE OF GEORGIA, }
_vs._ } _Indictment for a_
SAMUEL A. WORCESTER, ELIZUR BUTLER, } _misdemeanor._
AND OTHERS. }
And the said Samuel A. Worcester, in his own proper person, comes and
says, that this Court ought not to take further cognizance of the action
and prosecution aforesaid, because, he says, that, on the 15th day of
July, in the year 1831, he was, and still is, a resident in the Cherokee
nation; and that the said supposed crime, or crimes, and each of them,
were committed, if committed at all, at the town of New Echota, in the
said Cherokee nation, out of the jurisdiction of this court, and not in
the county Gwinnett, or elsewhere within the jurisdiction of this Court.
And this defendant saith, that he is a citizen of the State of Vermont,
one of the United States of America, and that he entered the aforesaid
Cherokee nation in the capacity of a duly authorized missionary of the
American Board of Commissioners for Foreign Missions, 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
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