Staunton spectator. [volume] (Staunton, Va.) 182?-183?, 1831-01-21

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oil any thing done by them within the limits the
Cherokee territory that the pretended right of
the otate oil Georgia TO the possession, govern
ment, or control of tho lands, Mines and other
property OF the Cherokee Nation, within their
territory, may, by this honorable court, be de
ciared to be unfounded and void, and that the
Cherokees may be left in the undistuUbed posses
sion, use, and enjoyment of the same, according
10 Their own sovereign right and pleasure, and
theif own laws, usages, and customs, free from
any hndrance, inolestation or interruption by the
State OF Georgia, her officers agents and SER
wants; that these complainaDts may be quieted
IN the possession of all their rights privileges and
lmmunIties, under their various treaties with the
| United States; and that they may have such 9TH
er and farther relief as this honorable court may
deem consistent with equity and good conscience,
and as the nature OF their case may require.
! Thetollowing are given rs the authorities I'M
der which Chief Justice Marshall has acted,
ngranting the processes which have been served
on the State Of Georgia
| Observation-Disclosures III-Scciion 3.
|. The judicial power shall extend to all cases
IN law and equity arising under this constitution,
the laws OF the u States, and treaties made, or
which shall be made, under their authority TO all
cases affecting ambassadors, other public minis
ters and consus; to all cases of admiralty and
marllline jurisdiction to controversies to which
sizes between two or more states, between state
and citizens OF another state between citizens OF
the same state claiming lands under grants ofdif:
ieFent States, and between a state, or the citi-
@ens thereof, and foreign states, citizens, or sub
jects
.6faiciayg act-Sectio7s %.
dau De St further enacted, That final iudg-
meat decree in any suit in the highest court of
law or equity ola state in which decision in the
SUIT could be had, whore is drawn in question the
Vailolty OF treaty or statute of OF an authority
exercised under, the United States, aad the de-
cison IS against their validity or where is drawn
IN question the validity of statute Of or an au
thorlty exercised under, any state, On the ground
OF their being repugnant TO the constitution. trea
ties, or laws OF the U. States, aud the decision is
IN favor OF such heir validity; or where is drawn
in question: the construction of any clause of the
constitution, Oh of treaty. or statute of or COM
mission held under, the o. States, and the decis
ION IS against the title, right, privilege, or ex-
empnoA, specially set up or claimed by either
party, under such clause THE said constitution.
treaty, Statute, or commission, may be re-exam-
ined and reversed or affirmed in the supreme
court OF the U States, upon writ of error. the
citation being signed by the chief Justice, or
Judge, or chancellor of the court, RENDERING or
passing The judgment or decree comoiaineI Of.
or by justice OF the supreme court of the Uni
tea states, In the same manner and under the
same egnisaans, and the writ shall have the same
elect as II the Judgment or decree complained of
had been rendered or passed il circuit court,
and the proceeding upon the reversal shall also
be the same, except that the supreme court, in
stead ofremanding the cause for final decision.
as before provided, may, at their discretion If the
case shall have been once remanded before pro-
coed to a final decision of the same, and award
execution. But no other error shall be assigned
OF regarded as ground of reversal, in any such
case as aforesaid than such as appears on the face
OF the record, and Immediately respects the be-
fore mentioned questions fvaldty or construc-
ton OF the said constitution, treaties, statutes,
&. S. got. ii. p. 65.