its independence - its right to self government by associating with a stronger, and taking its protection. A weak state, in order to provide for its safety, may place itself under the protection of one more powerful, without stripping itself of the right of government, and ceasing to be a state. Examples of this kind are not wanting in Europe. Tributary and feudatory states,' says Vattel, 'do not hereby cease to be sovereign and independent states, so long as self government and sovereign and independent authority is left in the administration of the state.' At the present day, more than one state may be considered as holding its right of self government under the guarantee and protection of one or more allies.

The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with treaties, and with the acts of Congress. The whole intercourse between the United States and this nation, is, by our constitution and laws, vested in the government of the United States.

The act of the State of Georgia, under which the plaintiff in error was prosecuted, is consequently void, and the judgment a nullity. Can this Court revise and reverse it?

If the objection to the system of legislation, lately adopted by the legislature of Georgia, in relation to the Cherokee nation, was confined to its extra-territorial operation, the objection, though complete, so far as respected mere right, would give this Court no power over the subject. But it goes much further.

If

the view which has been taken be correct, and we think it is, the acts of Georgia are repugnant to the constitution, laws and treaties of the United States.

They interfere forcibly with the relations established between the United States and the Cherokee nation, the regulation of which, according to the settled principles of our constitution, are committed exclusively to the Government of the Union.

They are in direct hostility with treaties, repeated in a succession of years, which mark out the boundary that separates the Cherokee country from Georgia; guaranty to them all the land within their boundary; solemnly pledge

the faith of the United States to restrain their citizens from trespassing on it; and recognise the pre-existing power of the nation to govern itself.

They are in equal hostility with the acts of Congress for regulating this intercourse and giving effect to the treaties.

The forcible seizure and abduction of the plaintiff in error, who was residing in the nation, with its permission, and by authority of the President of the United States, is also a violation of the acts which authorise the Chief Magistrate to exercise this authority.

Will these powerful considerations avail the plaintiff in error? We think they will. He was seized, and forcibly carried away, while under guardianship of treaties guarantying the country in which he resided, and taking it under the protection of the United States. He was seized while performing, under the sanction of the Chief Magistrate of the Union, those duties which the humane policy adopted by Congress had recommended. He was apprehended, tried, and condemned, under color of a law which has been shown to be repugnant to the constitution, laws, and treaties, of the United States. Had a judgment, liable to the same objections, been rendered for property, none would question the jurisdiction of this Court. It cannot be less clear when the judgment affects personal liberty, and inflicts disgraceful punishment, if punishment could disgrace when inflicted on innocence. The plaintiff in error is not less interested in the operation of this unconstitutional law than if it affected his property. He is not less entitled to the protection of the constitution, laws, and treaties, of his country.

It is the opinion of this Court, that the judgment of the Superior Court for the county of Gwinnett, in the State of Georgia, condemning Samuel A. Worcester to hard labor, in the penitentiary of the State of Georgia, for four years, was pronounced by that Court under color of a law which is void, as being repugnant to the constitution, treaties, and laws of the United States, and ought, therefore, to be reversed and annulled.

This cause came on to be heard on the transcript of the record from the Superior Court for the county of Gwinnett, in the State of Georgia, and was argued by counsel; on consideration whereof, it is the opinion of this Court, that the act of the legislature of the State of Georgia, upon which the indictment in this case is founded, is contrary to the constitution, treaties and laws of the United States; and that the special plea in bar pleaded by the said Samuel A. Worcester, in manner aforesaid, and relying upon the constitution, treaties, and laws of the United States aforesaid, is a good bar and defence to the said indictment by the said Samuel A. Worcester; and as such ought to have been allowed and admitted by the said Superior Court for the county of Gwinnett, in the State of Georgia, before which the said indictment was pending and tried; and that there was error in the said Superior Court of the State of Georgia, in overruling the plea so pleaded as aforesaid. It is therefore ordered and adjudged, that the judgment rendered in the prem

ises by the said Superior Court of Georgia, upon the verdict upon the plea of not guilty, afterwards pleaded by the said Samuel A. Worcester is sentenced to hard labor in the penitentiary of the State of Georgia, ought to be reversed and annulled. And this Court, proceeding to render such judgment as the said Superior Court of the State of Georgia should have rendered, it is further ordered and adjudged that the said judgment of the said Superior Court be, and hereby is, reversed and annulled; and that judgment be, and hereby is, awarded that the special plea in bar, so as aforesaid pleaded, is a good and sufficient plea in bar, in law, to the indictment aforesaid, and that all proceedings on the said indictment do forever surcease, and that the said Samuel A. Worcester be, and he hereby is, henceforth dismissed therefrom, and that he go thereof quit without day. And that a special mandate do go from this Court to the said Superior Court, to carry this judgment into execution.

March 5, 1832.

JOHN TRUMBULL. May 10th, 1831. At Detroit, in the 82d year of his age, John Trumbull, author of McFingal, and divers satirical poems.

John Trumbull was born in the town of Waterbury, in the State of Connecticut, on the 24th of April, 1750. His father, who bore the same name, was minister of the place, which was then a new settlement. His mother was a daughter of the Rev Samuel Whitman, of Farmington.By his father's side Mr Trumbull was connected with one of the most honorable and conspicuous families of his native state. John Trumbull, the earliest head of the family of which we have any account, came from England, and settled at Ipswich, Massachusetts, in the year 1645twenty-five years after the landing at Plymouth. His son, who also bore the name of John, took up his residence at Suffield, Connecticut, and had three sons, John, Joseph, and Benoni. John was grandfather of the poet.

The subject of our memoir enjoyed the benefits of an excellent early domestic education, under the care of his mother, whose strength of mind and acquirements are said to have been particularly directed to his improvement

during his early years. His memory was remarkable, and he rapidly acquired all the moral and religious poetry, which she undertook to teach him. He soon began to read such books as he found in his father's library, which being chiefly devoted to works connected with the clerical profession, afforded only two, which could have served him in any degree as models for his principal writings in his subsequent life, viz: Dr Watts' Lyric poems and the Spectator. These he perused with so much interest, that he was soon able to repeat the whole of the former, and all the poetry contained in the latter. About this time he began to attempt poetical composition himself, and his parents, instead of ridiculing or opposing a propensity, which many regard with disapprobation in children, expressed gratification, and encouraged him to persevere. Trumbull voluntarily commenced the study of the Latin language at the early age of five years. In this attempt the good sense of his mother led her to pursue the opposite course, to that often adopted in similar cases. She did not oppose his design. Learning from the lessons which his father gave to a youth under his care, what the first steps then taken in

teaching that language were, he undertook to commit to memory, Lilly's grammar and the accidence, intending also to translate Corderius. He made rapid progress, as those generally do, who are permitted to pursue a course of study which they prefer, and the success of the first few weeks' experiments was so great, that his father, on discovering that the progress he had made was greater than that of his own pupil, allowed the two to study in company, and presented them for adinission into Yale College, at the annual commencement in September, 1757, and had the satisfaction of seeing them both pass an examination with credit. Trumbull, it is traditionally related, was of such small stature at that tender age, that one of the tutors seated him upon a table during the examination, where he exhibited so much capacity and forwardness in his studies, as to surprise the whole assembly.. It was not his father's intention to have him regularly enter upon collegiate studies at that period, and he did not join the institution until six years after, in 1763. His time was devoted to study, and he became so well acquainted with the Greek and Latin authors, that he found much time to devote to studies of a different nature, and he now applied himself to Algebra, Geometry, and astronomical calculations, as he had done during the interval to such English belleslettres works as fell in his way. The last year of his Collegiate course he chiefly devoted to English literature, which was greatly neglected at that time in the institution.

He received the degree of Bachelor of Arts in 1767, but did. not withdraw from the scene of

his studies, nor engage in those appropriate to any particular profession. In this he deviated essentially from the course pursued at the American Colleges, as well at that period as at the present, and thus enjoyed the rare advantage of devoting himself almost exclusively to his favorite branches of literature and science, for several succeeding years. He applied himself arduously to the study of the Greek and Latin classics, and especially to the poets and orators,-attending to their style, and endeavoring to acquire that of the best authors in his own language. It was after Trumbull had received his degree of Bachelor, and while pursuing his studies at New Haven, that he formed an acquaintance with Timothy Dwight. When their intimacy began,the latter was in the junior class in Yale College, and similarity of views upon literary subjects soon drew them into an acquaintance which laid the foundation of a warm, uninterrupted and lasting friendship. Trumbull was much pleased with the translations of two of Horace's favorite odes, in which he observed traces of the genius, which his young friend subsequently displayed. As they both appreciated in a proper manner the importance of cultivating a correct taste in English literature, among other branches of learning, they could not but condemn the principles, on which the course of study in the institution was founded. In this it appears they for some time stood alone, and it was not until after the appearance of several sarcastic attacks on the prevailing ideas, from the pen of Trumbull, that they began to find even a few converts to their opinions. After a time however they re

ceived the active co-operation of several young men of talents, who entered heartily into their views and lent them their influence. In the year 1769 they began to publish literary essays in a Boston newspaper, on the plan of those of the Spectator, but after a few months, terminated them, and soon after began to write similar pieces for the New Haven newspapers. The latter extended to above forty numbers.

Trumbull was appointed a tutor in Yale College in the year 1771, when, in consequence of resignations, only one of the former tutors retained the place. This was Mr Howe, whose taste and opinions concerning the importance of English literature well accorded with his own. To their number was added Mr Dwight, afterwards President of the Institution and their united influence was directed to the improvement of style and elocution.

:

The Progress of Dulness, a poem of Mr Trumbull's, designed to ridicule the absurdities of the then prevailing system of education, was published in 1772. Mr Dwight at the same time produced one, entitled America: and having completed the first five books of the Conquest of Canaan, at the suggestion of his friends added other parts, but did not publish it, until some years afterwards. Among the particular friends and coadjutors of these three gentlemen, were the late David Humphries and the late Joel Barlow.

The Progress of Dulness was successful as a satire, although its reputation was eclipsed by his subsequent poems. Nor was the Progress of Dulness the only satire of his college life. His celebrated Epithalamium,' on the

marriage of one of the tutors to a lady of fortune, with various other pieces, was written during this period; as likewise was the beautiful elegy on the death of Mr Buckingham St John, one of the author's earliest and most intimate friends, who likewise was tutor in the college at the time of his decease. The Epithalamium was a playful satire, at first circulated anonymously among a very few friends, and never published among the author's acknowledged works. But the author could not be mistaken; and the shafts of his wit were so pointed, that they left a wound which fastened long in the bosom of the bridegroom; who, though his life, like that of the author's, was long protracted, and although both the author and himself long sat upon the bench of the superior court together, we believe he never quite forgave him for this early indulgence of his keen satirical powers. The other piece just mentioned was altogether a different description of poetry. The elegy of which we are speaking, and several other pieces, as 'The Destruction of Babylon,' bear ample testimony that had it been the author's desire to cultivate his richer poetical gifts, he might have assumed a higher station among the minstrels of the age, than it is in the power of any mere satirist to attain.

Mr Trumbull was admitted to the practice of Law in Connecticut, in 1773, having attended to the necessary studies during his tutorship. Instead of pursuing the profession as an attorney, however, he determined to continue his studies, and entered the office of John Adams of Boston, and had his residence at the house of Thomas Cushing, then Speak