Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1831-01-20

a.
H. ,..a istvraen a State aud an ia0'ssdeai,
iinvoIyioq The validity OF law Of the on,sed
Estates, Of treaty, the individdai ees Hgst
Of aannsI to the Supreusc Court witch the
Const;tutsee, IS web as the laws ct uae u
in;tcG Stats, have expressly declared sha'
have jnrisgieu9n in sucn eases !,
The resolutions Of the legislature, as well
"a M Message Of the Governor, seem to
make il a point, that The e1ecoiioo vi me
Criminal Law uf the State l> luterlered vita.
Bui the Constitution makesno dIshaeaen te-
tween civil and criminal l,'sstt speaks of
aHlayys. and the case Of Cohens -. the state
of Virrio;a, and that Of McCulloh cs. Mary
Hand. wherein the authority of the Supreme
! Court was maintained, had their 0ngn IN
the penal lave Of those States. 1t is in vain
for the state OF Georgia to declare that ''the
right TO punish crimcs, &c. is an original aud
necessary of sovereignty, whleh tie State
of Georgia has never parted With: for, since
/ the Establishment Of the Constitution, there
! is M such thing as Sovereign State, independ.
ent of the Union. We quote the language
! Of thc greatest lawyer Of our country, when
we say, "The General Government, though
| limited as TO its objects. This principle Is a
part oftAe Constitution: and if there be any
who deny it's necessity, none can deny it's au.
thority." If there be any thing which is pc
eullary an object of the General Government,
II IS the execution Of Treaties, and the guar
anty OF their sanctlty. These Treaties are
the supreme law of the land" What Ian
guaPe can be stronger than that which is US
ed to this effect in the I'd clause OF the 9th
article Of the CONSTITUTIONAL 1t was not ne
cessary, however to insist upon this point;
for the State Of Georgia has declared that she
will not permit herself to be brought to plead
before the Supreme Court in any case effect
ing her Criminal Laws. She will not suffer
it to be enquired whether her laws do contra
vene Treaties made by the authority OF the
United States This is the more unfortunate
IN the case before us, FROM the circumstance
that there IS no appellate jurisdiction wishin the
State; the Circuit Courts of Georgia, as APP
pears by the Governors Message, having er-
citasive Jurisdiction In all criminal cases.
1t is net obvious, that, in this course, on
the part Of the State OF Georgia, the theory
of Nall fCetion ia reduced to practiceP Sap
pose that any State makes it penal TO collect
duties from its citizens under The Tariff, or
any other laws Of the United States. Au Of
licer OF tke United States however, (the Col
iectcr Of the port of New York for example
| trusting 10 the virtue of bis commission, goes
/ OF TO collect: he is tried, condemned and
sentenced ts death by one of these State
Courts, which have exclusive jurisdiction. Is
be to suffer death for the discharge of bis
sworn dutyp Most certainly hc viii, if the
ground taken by the State Of Georgia be
maintained, and the militia refuse to march,
when called out "to execute the laws Of the
| Union"
Our fellow citizens will sec, at once, that
with tho authority of the Supreme Court, not
lp IL. ht1f ~
be nullifed. We know that there is portion
ofthe people Of one State "a respectable por-
ton OF respectable State,) who think that
| this process Of notification is an undeniablc
and harmless right Of the States. This we
had regarded as the delusion Of day, which
would soon pass away. But the late pro
ceedings on the part Of the State of Gcor-
gia shows that in that state also, lamcn
| table inlatuaton blinds the majority 10 The
awful consequences OF the doctrine which they
| have not only proclaimed but acted upon -
We find in addition, the confidential organ
| OF the Executive Government of the Union
! giving Csuntcnance to hese revolutionary
! movements. Is there no reason for alarma
| VIII the body of the people of these States
who are attached to the Union reposo in false
security until it is undermined by these insidi-
GUS and fatal doctrines, which are making
rapid progress, under the seductive but de
lusve guise Of regard for State Rights
VIII our Sampson sIumber till his locks are
shorn' Or, viii not ihe friends Of the Union
, rouse themselves, and look the danger in the
face? Ii requires nothing buta general rally,
we are confident, to bring "a moral force into
the field which will utterly rout and discomiit
these heresies, of modern date, but most
dangerous tendency
| We have neither time nor room for all the
comment which the occasion invites. We
take space enough, however, to refute the
suggestion (for il is not an assertion) Of the
Administration Paper, that there is a party
IN this country which contends that the SUI
premc Court sis clothed with supreme and
absolute control ever the States" There is
no such party; and in the whole range Of our
knowledge such doctrine has never been
advanced from any qaarter. We contend for
such control over the Judicial proceedings oil
the State Courts as is expressly vested i'll the
Supreme Count by the Constitution.
10 save trouble, again, we quote from
The Constitution the clause giving this juris
dlction to the Court:
"The Judicial power shall extend to all ca
ses IN equity, arising under this Constitution
the laws of the United States, and treaties
made, or which shall be made, under their
authority; to all cases affecting ambassadors
other public ministers, and consuls; to al
cases Of admiralty and maritime jurisdiction
to controversies to which the United States
shall be a party; 10 controversies between
[ ttyo or mara 4tafas hatt.aa,, Ct.@a - -;