Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-01-12


Court of the United States the record of the
PROCEEDINGS under which that conviction was
had, in order to a re-examinarion thereof
The Judge of that Court must refuse or obey. 1t
he obeys, the record goes duly up to the Supreme
Court, and there, whether the State OF Georgia
appears or not. twill be examined, and the law
in regard to it be pronounced. II that law be
against the exercise of the right claimed by Geor-
gIa, the Sheriff and all others concerned IN the
execution MAY be liable to the penalties Of mar
der. If. on the contrary, it be in favor OF the
right of Georgia, she will then have incurred,
uselessy, the awful possibility of having unlaw-
fully taken the life Of human being. 1t, as IN
the temper of mind manifested by the Governor
and Legislature Of Georgia, seems to us more pro.
bable, the Judge shall refuse to obey. the Marshal
of the United States must make a return to the
Supreme Court accordingly, and an attachment
for contempt must issue against the Judge. Inc
State authorities, according to the ground they
have taken, will not permit this attachment to De
executed. The Marshal calls in the aid OF the
posse comifatus, but they are Georgians, and side
with Georgia: he therefore finds himself unable
to execute the process of the Court, and calls
upon it,-and it, in turn, must call upon the Ex-
ecutive of the United Staes.-to furnish a suil-
cient physical force to cause the Judgments OF the
Court, which are the supreme law OF the anh, to
be respected and obeyed. Then will come the
fearful ouestion,-fearful we must call it, what
ever be the decision of the EXecutre,-of whc-
Their he will uphold or not the judicial authority
of the United States.
Our aim, in the foregoing statement, has been
to present full and fair view Of this great ques
ton, as it now exists. In future observations we
shall endeavor to show how great is the error OF
,orgia in the course she takes and how vital the
Importance of sustaining the Supreme Court IN
all its legitimate attributes.
We cannot. however, leave this topic to-day,
without publishing. and answering generally, the
annexed queries, addressed to US yesterday:
s.The Editor of the American will much oblige
Subscriber BY Informing him in what way the
State of New York acquired jurisdiction over the
Indians residing IN this State; and in what re-
spect the relation they stand in to the State, diff
fers from the relation of the Cherokees to the
State of Georgia; and why Georgia has not as
much right to extend her criminal laws over the
Indians within her limits. as the State of New
York has over the Oneidas, and other tribes in
this StateP tits but few years since an Oneida
was tried and executed at Utica for the murder
of one of his own tribe. The reason why these
questions are asked is, that the apologists for
Georgia are constantly citing the conduct Of this
State as analogous to that of Georgia"
We answer brief1y-for we shall have occasion
to recur to this part of the subjcct-that lst The
question has not been raised in this State, by any
appeal to the Supreme Court ofthe United States.
whether the laws of this State claiming to exer
else jurisdiction over the Indians, be or be not
constitutional. Cd. That the Indians of this
State are small, scattered, and disunited rem
nants of large tribes, differing therein from the
Cherokees, who are we'll organized nation, with
a written constitution, regular government, and
system of laws and magistrates to administer
those laws. And sdly, That the United States.
BY solemn treaty, have acknowledged the Che
rokees as Nation, and have solemnly gusran-
teed to them the enjoyment of their rights and
privileges as such. No such treaties exist with
our Indians, and it is In virtue of treaty stipula-
tons that the Cherokees claim exemption from
the la VS. which Georgia asserts the right of extend
ing over them. These hassy replies will suffice
for the present to show that there is no analogy
between the case of our Indians and thuse Of
Georgia.