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

appeared the following pardSr9pm
awe congratulate the friends ofStste right
won the case, aud ,ae manner in which
GroRsIA has been cltej 90 the bar Of the 90
p-cme Court. rh1 tino too Is suspicious
The sp.rt OF biberty aud Reform IS ABROAD
upon tie earth, and tae position 10 which ia,
Supreme Court is placed by tire proceeding
OF Georgia, demonstrate the absurdity OF this
dostriae which contends, that Court is cloth
ed with supre ne and absolute control oyei
the Statcs"-[U. $. Telegraph Jan. 3
IL such term. as these. does the OEcia
Government Paper exait, in the defiance
which the Legislature OF the State of Georgia
has biz 10 the authority Of the Constitution
and the Laws OF the Uaited States The
Spiri; Of Liberty and Reform IS abroad upon
thu earih;" aud to the reforms already effect
ed uoder this administration, the Government
+ per reioices that there is to he added that
OF the prostration Of the Supreme Court of the
United States, the only safeguard of the rights
and liberties Of either Of the States or the
People. This too, until automatically con-
tradicteJ, mast be taken to be the sentiment
OF the present Administration.
II Is time, fellow citizens, that we come to
pause, and sOeniy reflect up0n our situa
tion. The Tariff has been declared TO be
unconstitulional by more than one State, In
tern Al improvement has been denounced IN
the same manner, the United States Bank
has been assalIed in the same manner; and,
worst q. all, the authority OF the judiciary is
set at nought-all under the banner of Lib
erty and Rcf1rm." 1t is not necessary for
W. to add, that. sustain thisa doctrines, and
our government is at an end. The sword
and the bayonet will have usurped the Office
OF appeals and wrlts of error, and the Su-
,nurt will he suhstiEttad I,.e
bunal of mare summary proceeding
W. should not speak of the Resolutions Of
the Legislature OF Georgia in this tone of a
latm. n they were not seconded 10 shirt by
the Official Paper. Those resolutions, pas
sed uhder the nilnence OF strong feeling,
VIII operate, probably, to produce 10 tangi-
bic effect, and are not irreversibe Wheta-
or reversed under the influence Of better
views on the subject or not, if they operate
upon nothing, they will have only the effect
OF the declaration Of an opinion. But the
approval Of the spirit OF them by the Govern
m3at Paper, following az Il does ether recent
demonstrations Of hostility TO the Supreme
Court, from the same quarter, is calcuiated
to AL the mind of every Constitutional Re
publican ia the country with alarm and dis
may
Waat. in brief, is the case presented bv
ilcF An Indian condemned to be hanged by
the Georgia Court, under law OF the State.
sued oat writ OF error from the Supreme
Court of the United States, to bring the
Cause into that Court, upon the ground that
the law 81 the State of Gcorgia under which
he was condemned, was void, as being n.
gunst laws aud treaties of the United States.
The Judiciary cf the United States has ju-
rsdicton of such cases, by express provision
OF the 18th section Of the judiciary act, pas
SEQ at the first organization of this govern
ment' 1t has repeatedly exercised such
jurisdiction, and the States have yielded to
its decision
Toe execution Of the Indian wa. to have
ta1en place. we believe, on the } itb ulilno,
anu no lolht dtd then take place, at the time
SCI Tor 1t; 90 that tn death Of the plaintiff
VIII have abatei the suit ani the citstion of
the Chief Justice. and the Resolutions Of the
legislature 81 Georgia, as regards that par
ncular case, will be equally inoperat,ve
Bl' tae resolutions go fartaer, and say. that
inc state OF Georgia "wiN acger so far co,s
PROMPT her sovereignty as TO become a party
10 the case sought to be tuade elore the
supreme Court of the United States. nv the
wnt IN question" The case here alluded
to- is case involving the validity of the
same treaties Of the IT, States which. in the
case which has actually occurred. the deci
SION Oh the Georgia Court has determined not
% be valid as defence for the criminal.
whether the defence set up by this Indian
To save the reader the trouble OF search
ing Tor 1t, we here insert the whole Of the sec
ton referred to!
r section % .1nd be II further enacted
mat hnal Judgment or decree in any suit
"a Inc highest court of law or equity of a State
III which decision IN the suit could be had
where Is drawn in question the validity of ;
treaty or statute OF, or an authority exercised
under. the United States, and the decisio,
Is against their validity of a statue of. or ar
authority exercised under, any State, on tn,
GROUND OIL Their being repugnant to the con
stituuon' treaties, or laws, of the Unite,
states, and the decision is in favor of sucl
tneir validity or where is drawn in question
tne construction of any clause of the sonsti
puuoh' or oil treaty, or statae OF, or com
MISSION held under, the United States. ant
.he decision Is against the title. right. priv
iege' or exemption, specially set up or claim
co py either party, under such clause of tin
saio constitution, treaty, statue, or commits
sio"' may be re examined and reversed or at
Hrhled In the Supreme Court Of the Unite,
o'a'es' upon a writ of error, the citation be
ing signed by the Chief Justice, or Jude. o
chancellor, OF the Court, rendering or pass
ing the judgment or decree complained Of q
oy aJusuce IN the Supreme Court of the 4
hlteu states, IN the same manner and unJe