Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-12-23
GEoRGIA-Cass of the Missi0narie,

The following report of the of Worcester
q Butler, the imprisoned Missionaries, has been
made i'll the Senate of Georgia. and unanimously
adopted.
The committee to whom was referred the COM
munication of his Excellency the Governor trans
uniting to the General Assembly copies of pa.
per purporting to be signed by Henry Baldwin
Esq. one of the justices of the Supreme Court of
the United States, and to be citation to the State
of Georgia, to appear in the Supreme Court on
the second Monday i'll January next, to shew
cause before that tribunal, why two several iudg-
mcnts should not be set aside, winch have lately
been rendered in the Superior Court of the Coun-
ty OF Gwinnett, against Samuel A. Worcester and
Elizur Butler, for violation of an existing law of
the State, committed within its jurisdictonal limits;
also of paper purporting to be notice signed by
William Writ and John Sergeant, as counsel for
Samuel A. Worcester and Elizur Butler, inform
ing his Exceency the Governor, of an intended
application to the Supreme Court for hearing
on writs of error fitted by said Worcester and
Butler
Beg leave to recommend to the General Assem-
bly,, the adoption of the following resolutions viz:
ReSoIred by the Senate and House of RepreSsn-
tdt,ues Of the State Of Georgia General ASSEMBLY,
met, That the act of the last Legislature, making
1t penal to reside within the limits OF lands belong
ing to the State, in the occupancy of the Chero-
kee Indians, without having taken a licence from
the Governor, and without taking the oath to sup
port the Constitution and laws of Georgia, under
which Samuelg A. Worcester and Elzur Butler
were convicted at the sitting of the last Superior
Court of Gwinnett county, is not in violation of
either the letter the spirit of the Federal Const-
tuition.
That the State has right of civil and criminal
jurisdiction over the whole of the lands within her
chartered limits, and that her jurisdiction docs OF
right extend to the persons and Things within these
limits
ticn to the United States, prohibited by it to
the States, reserved to the States respectively,
And that right to interfere with and controul the
criminal jurisdiction of the States, has not beer
delegated by the constitution to the United State.
its Courts; is the right of exclusive and fina
jurisdiction in all criminal cases, prohibited by the
constitution, to the States.
That by the constitution of the State of Georgia
final and conclusive jurisdiction in criminal cases
IS vested in the Superior Courts ofthe several coun
ties of this State; and when these Courts have pro
nounced the sentence of the law, Court has tn
right to rehear, override and their decisions
or in any way impede the execution of their de
crees-
That any attempt to rever the decision Of tn
Superior Court of Gwinnett county, in the case o
Samuel A. Worcester and Elizur Butler, by tn
4 Supreme Court ofthe United States, will be he'll
by this State, unconstitutional and arbItrar
interference in the administration of her crmna
laws, and will be treated as such.
! That the State of Georgia will not compromt he
dignity, as n sovereign State, far yield he
| rights a member Of the cOnfederacy as to an
pear i'll answer to, in any way become party
toEany proceedings before the Supreme Court ma
wing for their object reversal interference wit
the decisions Of the State Courts in criminal mat
ters.
That his Excollency the Governor, be, and he an
every other officer of this State is hereby author
zed and requested to disregard any and every ma
date, order, process, decree, that has been o
shall be served upon him them, purporting t.
proceed from tho Chief Justice or any associat
Justice Of the Supreme Court of the United States
for the purpose OF aTfestinp or impeding the exc
eutiop Of the sentence Of the State Courts in Grim
inal cases.
That his Exceency the Governor, he and he
hereby authorized and required with all the powe
J and means placed at his command by the Consttu
ton and laws Of this State, to resist and r0pel an
and every invasion, from whatever direction
may come, upon the administration Of the crimina
laws Of this State