Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-01-06


the suit and the citation Of the Chief Justice, and
the Resolutions of the Legislature OF Georgia,
as regards that particular case. will be equally
imperative. But the resolutions go farther, and
say, that the State Of Georgia twill nerer SO Tar
compromit her sovereignty as to become party
to the case sought to be made before the Supreme
Court of the United States, by the writ in ques-
ton" 1.-The case" here alluded to, is case
involving the validity Of the same treaties OF the
U. States which, in the case which has actually
occurred, the decision of the Georgia Court has
determined not to be valid as defence tor the
criminal.
Whether the defence set up by this Indian was
a valid defence, is not the question, and, one
way or the other, can have no bearing upon 1t.
The questions simply whether, in case between
State and an individual, involving the validity
of law of the United States, treaty, the
individual has right of appeal to the Supreme
Court, which the Constitution. as well as the
Laws of the United States, have expressly de-
clared shall have jurisdiction in such cases.
The resolutions of the legislature, as well as
the Message of the Governor, seem to make 1t
a point, that the execution Of the Criminal law
of the State is interfered with. But the Con
stituton makes no distinction between civil and
criminal laws-it speaks of all laws; and the case
of Cohens Us. the State of Virginia, and that OF
McCulIoh Us, Maryland, wherein the authority
of the Supreme Court was maintained, had their
origin in the penal laws of those States. 1t is IN
vain for the state of Georgia to declare that g the
right to punish crimes, &c. IS an original and ne
cessary part of sovereignty, which the State OF
Georgia has never parted with: for; since the es-
Enlistment of the Constitution. there is no such
thing as Sovereign State, independent of the u
Mon. We quote the language of the greatest
lawyer of our country. when we say, . The
General Government, though limited as to its OBJ
iects, is supreme to those objects. This prln-
cple is part of the Constitution: and it there
be any who deny its necessity, none can de-
nv its authority" If there be any thing
which is peculiarly an object of the General
Government, it is the execution of Treaties. and
the guaranty of their sanctity. These Treaties
are the ..supreme law of the land" What Ian
guage can be stronger than that which is used to
this effect in the cd clause of the 9th article of
the Constitutional 1t was not necessary, howev-
err to insist upon this point; for the State of GeOr
sia has declared that she will not permit herself
to be brought to plead before the Supreme Court
in any case ettectng her Criminal Laws She
will not suffer it to be enqured whether her laws
do contravene Treaties made by the authority of
the United States. This is the more unfortu-
nate in the case before US, from the circumstance
ttidt lHtic 10 uo dppCiatS eet'"e wv
State; the Circuit Courts of Georgia, as appears
bv the Governors Message, having ercltsice ju
risdiction in all criminal cases.
Is it not obvious, that, in this course, on the
part fthe State Of Georgia, the theory of \uHfca
lion is reduced to practice? Suppose that any
| States makes it penal to collect duties from its
| citizens under the Tariff, or any other laws of
| the United States An officer of the United
States however, THE Collector of the port of
| New York for example, trusting to the virtue of
his commission, goes on to collect: he is tried,
condemned and sentenced to death by one of
these State Courts, which have exclusive juris-
diction. Is he to suffer death for the discharge
of his sworn duty? Most certainly he will, if the
ground taken by the State of Georgia be maintain
ed. and the militia refuse to march, when call
| ell out "to execute the laws OF the Union.'
| Our felow-ci,iZens will see, at once, that
with the authority Of the Supreme Court. not on
| lv the'aws, but the Constitution also, must be
nulifed We know that there is portion of
the people Of one State "a respectable portion of
a respectable State,l who think that this process
ef notification is an undeniable and Harmless right
of The sta rs. This we had rega rded as the d"'u-
sion of day, which would soon pass away. But
the late proceedings on the part OF the State of
Georgia shows that in that state also, lamenta-
bic infatuaton blinds the ma jority to the awful
consequences of The doctrine which they have
not only proclaimed but acted upon. We find
in addition, the confidential organ of the Execu
tive Government of the Unien giving counte
nance to these revolutionary movements. Is
there not reason for alarms Will the body of
the people of these States who attached to
the Union repose in false security until it
is undermined by these insidious and fatal
doctrines, which are making rapid progress, un-
der the seductive but delusive guiseof regard
for State Rights? Will our Sampson slumber
until his locks are shorn? Or. will not the friends
Of the Union rouse themselves, and look the dan
ger in the face? Itrequires nothing but gen
spects the aforementioned questions of validity
or construction of the said constitution. treaties,
statues, commissions, or authorities, in dispute.
Laos U. s. Vol. H. page IS.
To save trouble, again, we quote from the
Constitution the clause giving this jurisdiction to
! the Court
The judicial power shall extend TO all cases
| 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 minis