The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1831-01-13

Whereas, It appearsby a conmunica- [
ION made by his Excellcncy the Cow
,rnor 10 the General Assembly, that die
Chief Justice oflhe Supreme Court ofthc
United States has sanctioned a writ otl
srror, and cited the State Of Georgia,
through her Chief Magistrate, to appear
before the Supreme Court of the United
States, to defend said State against said
writ Of error, ut the instance OF one Goe.
fasscls, recently convicted in Hall Sui
perior Court - 81 ~ -
And whereus, the right to punish
crimes against the peace and good or
Her Of this State, in accordance with.the
existing laws Of this State, is aboriginal
and a necessary part Of sovereignty
which the State Of Georgia has never
parted with nv 4
, BE X therefore resolved by he Senate
and House Of Rej,rescntatipes, SC. That
they view with feelings OF deep regret,
tire intcricrencekby tho Chief Justice Of
the Supreme Court Of the United States,
ia the administrations Of the criminal laws
of this State, and that such IN intcrfcr-
cnce is ilsgrant yioIattu( of her right.
Resoiued |uafhcr, That his Exccllency
the Governor bn and he aud every other
officer oftbis State, Is hereby requc
and enjoinod to Disregard any and
mandate and PROCESS that has bceT sr
shall beFervcd upon him or them, iss
porting 20 proceed from the Chief Just ~
or any associate Justice of the Suprei
q II, "A y.,:tsI Cfo<o. CO.. shp v,,tts
pose of arrcsiing the execution Of any es.
The criminal laws of this State. !,
.and be u further Rssoired, That his
'Exccllency 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 aud repcl any and ev
sryinyusion from whatever quarter, upon
the administration OF the criminal laws Of
this state -
Resolred, That his Evccllency the
Governor be, and he is hereby aiiiaor-
lied. to communicate to the sa ~
Hall. County, ,by express, SO mo "a i.ltf
foregoing resolutions, and such stesf 2
usc snecessary 10 ensure the ful Neca
ton Of the laws, in the case o eusgD
Tassel, convicted ofmurderi inH iicou
~.
\ This message, and the resolves of the
Legislature thereon, says the 3ostoii
Daily Advertiser, appear to Us in "a high
degree indccorous and undigniticd, ad-
hitting that the party in this case has no
right under tho constitution and laws Of
the United Statcsto the interference oi
tho Supreme Court. Gov. Gilmer should
have considered that a greater State than
Georgia, and ono sufficiently fenacious
Of her rights, Virginia, has, Ell sg0'5.
submitted to a, process simiis 80 ais 5i
a case resting, we presn1nc, 81 sallas
principles. We presume 81 al ,ts
,------smu iifN --1ftt-s
he has been tried and c6nvtfnd, n uos.
valid, because it is repugnant Ii .hecanz
stitution, treaties or laws Of the sju,,e,,
States. In the cass Of Cohsns rs. YSr-
gina, in 1921, in which the State was
cited and admonished to appear ut thcJ
Sopfeme Court at Washington, TO shewI
cause, il any there were, wRy. the iiudre1
ment rendered in one Of the courts al tfc I
State against Cohons, on penal statutel
Of the State, should not be corrected, fies1
government Of Virginia denied the iuris-
dicflon OF the Supreme Court ofthe Uni,
cd States IN the matter; but instead of Il
aeclaring that they would Disregard the s
'srdate, that they we,ild resist .bp forcr
my attempt that might be made to end,
orcc It, they employed Mr.. pA Z. Bdr-f
'our and Gen. Smyth, not in a military
but as their counsel, learned inl
ne law 10 appear in their name at the !;
;ourt In Washington, and to show TINT
ne court had no jurisdiction. They an-
cared accordingly, and moved that the
Irlt Of error should be dismissed. Ths,ls
,ourt heard a learned argument ON tbejf
ussfion, and after mature deliberst;onfe :
ec!dcd unanimously that they had ju J,
sdiction Of the casc---that they have :.
ppciiatc jurisdiction, whoever may be /.
'e pnrtics, in all cases arising under the !,
treaties or laws OF the IJni-
a. states --saaa tlsey proceeded to-ts,4 I
e Qlie stiap whcther fha Judgment offhc :
ate Cont was correct orsnot; and on =
vcssigaiion they affirmed the decision :. "
That court. We think il would have =
cn wiser, in The Governor and Legis- 9 :.
Fure OF Georgia, to have followed the " !"
ample Of Virginia, and if they have a =
Sc which will bear investigations, the . .
clsion Of their own Court would have ~
mained undisturbcd, and the onIv in;n- g 8
the State would have sustai ocd wossId q
. that fl,< 49,. a ---,3 n - -. IOf