Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-01-12
to by the House Of Representatives and
concurred in by the Senate.

concurred IN ny the Senate.
Whereas, it appears by communica
ton made by his Excellency the Gov,
ernor to the General Assembly, that the
Chief Justice ofthe Supreme Court Of the
United States has sanctioned writ o
error, and cited the State of Georgia
through her Chief Magistrate, to appear
b fore the Supreme Court of the United
States, to delend said State against saiC
writ Of error, at the instance of one Geo
Tassels, recently convicted in Hall Su-
perior Court.
And whereas, the right to punish
crimes against the peace and good Or
der of this State, in accordance with the
existing laws Of this State, is an original
and a necessary part of sovereignty
which the State Of Georgia has never
parted with
Be 1t therefore resolred by the Senate
and House Of Representatives., &c. That
they view with feelings of deep regret,
the Interference by the Chief Justice of
the Supreme Court ofthe United States,
in the administration of the criminal laws
Of this State, and that such an interfer-
ence is a fragrant violation Of her right.
Resolped further, That his Excellency
the Governor be and he and every other
officer Of this State, is hereby requested
and enjoined to disregard any and every
mandate and process that has been or
shall be served upon him or them, pur-
porting to proceed from the Chief Justice
or any associate Justice Of the Supreme
Court Of the United States for the pur-
pose of arresting the execution of any of
the criminal laws of this State.
find be II further Resolred, That his
Excellency the Governor be and he is
hereby authorized and required, with all
the force and means placed at his com
mand, by the constitution and laws Of
this State, to resist and repe any and ev-
cry invasion from whatever quarter, upon
the administration Of the criminal laws Of
this state
Resolued, That the State Of Georgia
will never 80 far compromit her sover-
eighty, as an independent State, as TO
become a party to the case sought to be
made before the Supreme Court of the
United States by the writ in question
ReSolred, That his Excclency the
Governor be, and he is hereby, author
lied, to communicate to the Sheriff Of
Hall county, by express, so much of the
foregoing resolutions, and such orders as
are necessary to ensure the full execu-
ton of the laws, in the case Of George
Tasscl, convicted ofmurder in Hall coun-
ty.
This Message, and the resolves Of the
Legislature thereon, says the Boston
Daily Advertiser, appear to us in high
degree indecorous and undigniied, ad-
hitting that the party in this case has no
right under the constitution and laws Of
the United States to the interference Of
the Supreme Court. Gov. Gilmcr should
have considered that greater State than
Georgia, and one sufficiently tenacious
Of her rights, Virginia, has, heretofore
submitted to a process similar to this, in
case resting, we presume, on similar
principles. We presume that the party
in this case claims the right Of appeal to
the Supreme Court of the United States,
on the ground that the law under which
he has been tried and convicted, is not
valid, because it is repugnant to the con-
stitution, treaties or laws of the United
States. In the case of Cohens rs. Tir- 1
ginia, in 1921, in which the State was
cited and admonished to appear at the
Supreme Court at Washington, to shew
cause, if any there were, why the judg-
ment rendered in one Of the courts of the
State against Cohens, on penal statute
Of the State, should not be corrected, the
government Of Virginia denied the juris-
diction Of the Supreme Court ofthe Uni
ted States in the matter; bnt instead of
declaring that they would disregard the
mandate, tina they would resist by force
any attemrt that might be made to en-
force it, they employed Mr.. p. p. Bar
bour and Gen. Smyth, not in military
capacity, but as their counsel, learned in
the law to appear in their name at the
court in Washington, and to show that
the court had no jurisdiction. They ap-
peared accordingly, and moved that the
writ of error should be dismissed. The
Court heard learned argument OF the
question, and after mature deliberation
decided unanimously that they had ju-
risdiction Of the case-that they have
appellate jurisdiction, whoever may be
the parties, in all cases arising under the
con stitution, treaties or laws Of the Uni
ted States, and they proceeded to try
the question whether the Judgment ofthe
State Court was correct or not; and on
investig cotton they affirmed the decision
Of that court We think it would have
been wiser, in the Governor and Legis-
lature of Georgia, to have followed the
example Of Virginia, and if they have a
case which will hear investip alton. the /