Untitled - the Digital Library of Georgia

566 GEORGIA • AND GEORGIANS
supported Wilson Lumpkin. Mr. Lumpkin also received a strong sup
port from the Troup faction, and was, therefore, elected. From 1827
to 1831, Mr. Lumpkin had been a member of Congress, where he had
been instrumental in securing an act for the removal of the Cherokee
Indians.* But Governor Gilmer found consolation in defeat, for he
was immediately returned to his old seat in the National House of
Representatives.
Governor Lumpkin, soon after his inauguration, submitted to the
Legislature, on November 25, 1831, copies of a citation lately received
from the Supreme Court of the United States to the State of Georgia.
These directed the state, through its governor, to show cause why cer
tain judgments rendered by the state court against Messrs. Worcester
and Butler should not be set aside. Accompanying these papers there
was a vigorous message from Governor Lumpkin in which he avowed
his intention "to disregard all unconstitutional requisitions of whatever
character or origin and to protect the rights of the State." t On Decem
ber 26th, the Legislature adopted strong resolutions upholding Governor
Lumpkin and justifying the state's policy with respect to an extension
of its jurisdiction over the Cherokee Nation.
To quote Mr. Phillips again: J " The hearing on the writ of error in
Worcester's case came up before the Supreme Court during the course
of the year 1832. The case was argued for the plaintiff by Messrs.
Sergeant, Wirt, and B. W. Chester. The State of Georgia was, of course,
not represented. * * * It was the opinion of the court that the
judgment of the Georgia county Superior court ought to be reversed and
annulled. The case of Butler versus Georgia, similar in all respects to
that of Worcester, was in effect decided in the same manner by the opin
ion rendered in Worcester !s case. The judgment for which the Chero-
kees were so long hoping was thus finally rendered; but they rejoiced
too soon if they thought that by virtue of it their troubles were at an
end.
"Governor Lumpkin declared to the Legislature, November 6, 1832,
that the decision of the court was an attempt 'to prostrate the sov
ereignty of this State in the exercise of its constitutional criminal juris
diction,' an attempt at usurpation which the State executive would meet
with the spirit of determined resistance. The unchanged attitude of
Georgia boded ill for the hopes of the Cherokees. But the position of
the Federal Executive rendered the situation desperate in the last de
gree for those Indians who were still determined not to give up their
homes. President Jackson simply refused to enforce the decision of the
Supreme Court. He intimated that since John Marshall had rendered
his decision, he might enforce it. Of course, the Chief Justice had no
authority beyond stating what he thought right in the case.
"Worcester and Butler remained at hard labor in the Georgia peni
tentiary, and the Cherokee chiefs began at length to realize that no re
course was left them against the tyranny of the State. As far as the
two missionaries were concerned, they felt that their martyrdom had
* "History of Georgia," B. P. Brooks, p. 204.
t H-J, 1831.
t "Georgia and State Eights," U. B. Phillips, pp. 80-82.