Worcester v. Georgia

Opinions Opinions & Dissents U.S. Supreme Court Worcester v. Georgia, 31 U.S. 6 Pet. 515 515 (1832) Worcester v. Georgia 31 U.S. (6 Pet.) 515 CERTIORARI TO THE SUPERIOR COURT FOR THE COUNTY OF GWINETT IN THE STATE OF GEORGIA Syllabus A writ of error was issued to "The Judges of the Superior Court for the County of Gwinett in the State of Georgia" commanding them to send to the Supreme Court of the United States the record and proceedings in the said Superior Court of the County of Gwinett, between the State of Georgia, plaintiff, and Samuel A. Worcester, defendant, on an indictment in that Court. The record of the Court of Gwinnett was returned, certified by the clerk of the Court, and was also authenticated by the seal of the Court. It was returned with, and annexed to, a writ of error issued in regular form, the citation being signed by one of the Associate Justices of the Supreme Court and served on the Governor and Attorney General of the State more than thirty days before the commencement of the term to which the writ of error was returnable. By the Court: The Judicial Act, so far as it prescribes the mode of proceeding, appears to have been literally pursued. In February, 1979, a rule was made on this subject in the following words: "It is ordered by the Court that the clerk of the Court to which any writ of error shall be directed may make return of the same by transmitting a true copy of the record, and of all proceedings in the same, under his hand and the seal of …