Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1831-01-13

Gsorr;a and Ghs Cherolees. = g publish to-
day from the NilledgeviIIe journal Of De-
Gember 25th, a message from Gov. Gilmer 70
the legislature of Georgia, Transmitting copy
Of a summons from the Chief Justice OF !ne
United States, citing that State to appear ne
fore the Supreme Court the present montn'
on a writ at Error in favor Of the Indian late
~ convicted Of murder before one Of the
State courts of Georgia. This message, 1t
will be seen, was referred to a committee,
and a report made thereon, which was agreed
TO by both houses. The resolutions which
accompanied it, request the Governor. and
all other officers, to disregard any and every
mandate from that court for the purpose OF
arresting the execution of the criminal laws
of the State, are placed at the Governors
command. to repeI any invasion. from any
quarter whatever, upon the administration Of
the criminal laws of the State. And il is adj
ded, the State will never comprOmit her sOve-
reignty so far as to become n party to this
case and the Governor is authorised to CON-
munIcate by express such orders as are neces-
sary 10 insure the full execution Of the laws,
ia the case of the above mentioned convict.
We do not see but the State of Georgia is
now fully in the field, prepared for a conflict
with the government Of the United States, on
a point of vital Importance, viz. the authority
of the highest court of law known to the ma.
tiOnal constitution. 1t may perhaps be in the
power Of the State TO defeat the immediate
effect 0f this process, by ordering the convict
to Il speedy exrcutiOn-a measure. that with
out regard to the Consequences Of disobeying
the highest authority Of tho Union. will stamp
the government Of that State with perpetual
disgrace for the inhumanity Of the measure.
But it is probable that this consideration will
have but little weight. when it is remembered
how far they have advanced in the career Ol
injustice and oppression towards the Indians.
But resistance to the authority Of the Su-
preme court, 10 the exercise "f its legal and
constitutional powers, is matter. at least to
the persons who may he Immediately and
actively concerned in it, of more serious i'm
portance. IS Treason against the United
States,'' says the constitution, " shall consist
only in ievying aoar against them" Resisting
the execution of the laws by arms, is levying
war against the United States.-N. Y. .Adv.
Milledgeuiize. Dec. s5.-The Georgia Leg
islature adjourned on Thursday last, after an
arduOMs session Of nine weeks and four days.
On Wednesday evening the Governor trans
mitted to both Houses the suhjOincd commit
nication, relating to a summons addressed to
him in a cover, hut directed to 1.-THE State ui
Georgia." adm"nishIpg said State to appear
on the second Monday in January next, be-
fore the Supreme Court Ofthe United States.
to answer in the case Of an Indian tried nj
Hall Superior Court, found guilty Of murder
and sentenced to be hung.
This summons is SO e1fI4ordinary, that
many members Of the Legislature, and Other
citizens, are under the Impression that it is
spurious. Whether it is so or not, the Legs
lature have treated the subject seriously and
in becoming manner, as wild be seen by III.
resolutions ado pied by both branches.
House Of Representatives., Wednesday, Dec. %
The following communication was received
from the Governor, which, after being read
with the accompanying document, was refer
red, on motion Of Mr.. Haynes, to a select
committee, composed Of A1essrs. Haynes
Beall. Of Twiggs. Howard, Of Baldwin, Nc
Donald, and Schley.
Erecutiue department, Dec. %, 1880.
submit TO the Legislature, for its consid
Grafton, the copy Of communication rrceiv.
ed this day, purpOrting to be signed by the
Chief Justice Of the United States, and tO be-
cit;aion Of the State Of Georgia to appea.
before the Supreme Court, on the second
Monday in January next, to answer to that
tribunal for having caused person who had
committed murder within the limits Of the
State, to he tried and con, ictcd therefor.
/ The ohjec: Of this mandate is TO control
the State in the exercise Of its ordinary juris.
dicton. which in criminal cases, has been
vested by the Constitution exclusively in its
Superior Courts.
So far as concerns thu exercise of the pow
er which belongs to the Executive Depart
meet, orders received from the Supreme
Court. for the purpose Of staying. or in any
! manner interft ring with the decisions of the
Courts Of the State, in the exercise Of their
constitutional jurisdiction, will be disregarded !;
and any attempt to enforce such orders will
be resisted with whatever force the laws have
placed at my command.
IL the Judicial power thus attempted to be
exercised by the Courts Of the United States,
is submitted TO or sustained, it must eventuate
in the utter humiliation Of the State Govern
ments, or in other consequences not less fatal
to the peace and prosperity Of cur present
highly favored country.
(Signed) GEORGE r. GILMER.
UNITED STATES OF AMERICA, IS.
To the State of Georgia, Greeting:
You are hereby cited and admonished to be
and appear at Supreme Court If the United
States, to be holden at Washington, on the
second Monday in January next, pursuant to
a writ of error, fled in the Clerks office of
the SuncriOr Cont Of the State Of Georgia