Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-01-13

c Whether the defence set up by this Indian
was valid defence. IS nut the question. aud
one way or the other. can have no bearing
upon II. The question ia simply whether. in
n case between State aud an individual, IN
volvlng validity ola Inv ofthe United States.
or u treaty, the individual has right ui np.
peal TO the Supreme Court. which the constiiu.
ton rs wel es the Laws of the United States.
have expressly dccl red shall have jurisdiction
| IN such case
The Resolutions ofthe Legislature, Gs well
as the Message Of the Governor, Seem 10 make
II point, that the execution of the Criminal
Law OF the State is interiered with. hut the
Constitution makes no Distinction between
| civil aud criminal laws--,t speaks OF all laws
ann the ease 81 Cohens %. the Stnte Of VIrgi.
MIA, and thnt OF McCuiloh Us. Maryland, where
III the authority OF the Supreme Goult was
maintained. had thelr origin IN The peual
| laws of thnse States. IL IS Ia vain for the
state OF Georgia 10 declaic that The rigbt
10 punish crimes, ~. Is an original aud
necessary part OF sovereignty which the State
81 Grorgia hns never parted with - Tor, sincc
tho establishment of the ConsIi,u,ion, there Is
no such Thug asa Sovereign State, mdepcn-
dent OF the Union. We quote the language
OF the grentest lawyer of our country, when
we say, e" The General Governments though
united as To its objects. is supreme a. 10
those Objects. THIS principle IS part
| u
who deny its necessity, none Gun deny its
authority. II there he any thing which is
] peculiarly an object OF the General Govern
neni, II Is the execution of Treaties and III.
shartny o.their shnu ~. Ihcsb Treaties "re
the '',upr,me law 9itlo land" What language
can be sttonge, 'hdn That which 10 used 10 this
elect III Ic second clause of the OH art Gle
oitu. Continuation I II was not ne cessny how
e'eI 10 ins,st upon tbs poInt for the state OF
he " N ~
hers II 10 10 Drought tn plead before the Su
pfeme o II III nny Case aIt'Cung her crImi-
nal laws. Sue viii not suilsI IL 10 be ongtue d
whether hrr Laws do conlraycne treaties
made by thu authority Of the UnIted State.
ms IL the ore unlorIunaio, III the cast before
us, from The circumstance that there IL no APP
prllatc Jurisdiction uatiH The State, thu ClrCun
Cp'fs OF Georgia, as hppcarS by the Govern
o. Message, having ftotasIre jurisdiction ia
all criminal cues.
Is II not obvious that, il this course, on the
part OF the Stale ut Georgia, the theory ot
AdHibrdtt0n !, reduce To practice sup
Posc that INV State makes It penal 10 collect
dutts rom ITS citizens under the lam, OF
any other laws Of tdo United States. An OF
hcer OF The United States, however, Che Col
lector OF the pom Of New York Tor example
trusting 10 the virtue vi ms commission, goes on
10 collect: he - trIrd condemned aud senIenC-
ed l" death by one VI these state Courts, which
nave exclusive JnrisdIohon. Is he 10 suffer
death lor tie discharge OF his sworn duty 7 |
hnsl certainly hr viii, II the ground tak.n by
IT, STAT - ne"'S"s a" "'ai"'a'"su. aiu s"v
militia refuse TO maic h when called gu, To
eaecu,c tins laws Of the Union"
Our ielow-rillzens will see, at once, that,
with the authority ol the Supreme Court not
only the laws, bat The Constitution also, must
bo nulli6ed. We know that tntrr Isa portion
OF tue people OF one otne "a Respectable por.
hon OF arespeclabie STATE. VINO inink tbht this
process OF nnl hcatIuu Is an und.nabr aad
harmless rlgh, OF the States. Tins we had ,e
galdtd as "A drluson oil n day which would
soon pass away. But the late proceedings un
! the part oi the STATE OF Georgia snow that "a
ihhI state hlso, u lamcntnblr IntatunlIOn blinds
me 'nhJ 9fhy 70 TIE awful tou., qucnces Of the
d0cuIn6 Which they hhvr not only proclaimed
bur acted npoa. We had, III addIlon, Tue CON
bd"ntnl organ Of the Executive q yrrnmeut
OF ihr ualoh giving ConnlenhuCc to tnesr Krvo
lnhond'y movements. Is there not redson Tor
alarm VIII the bo1y OF ;hc ptoplr Of these
states. who AL attached - the Union, Icpo,e
III false seedtty VutIl II IS unuc, mIned ny these
lnsIdious anu fatal doctrines, " INCH arc lnnKing
tapld progress, undel tlr seductive bu, dcli-
81 gnl,e oil regard loI State Rights 7 WIZ
on' mpaon slr,nbHI until Lila lsoks arc
shorn2 Or. IL MOI the friends oil ,hc Unio
JoIse thenlset1eB Rnd Look the danger in the
face ltrqu,rcs nothing but general rally,
We are confident, 10 bring moral iolce into
the field which viii terry rout0 aud disGomh
these heresies, OF modern date, but most dan
geIous tendency.
We bhge neither time nor room for all the
comments winch the occasion invite. wa take
| space enough, howeverio refute The suggestion,
lioT it IS not an aSscfIIon.) Of the Admiuistrn-
ton Paper, that there i u party ia this cuun-
try which oontc"js thai the Supreme Cour'
" IL clothed WITH supreme hndaUsViut. control
/ over the states. lheie II no such parry and
II. The whole range of our know ledge such a
doclrIns has never been advanced frDm any
quarter. Wa contend Tor such control only o
yer the judicial prOceoiings oil the State Courts,
Il is expressly vested Ia the Supreme Court by
ihr Constitution.
10 saye trouble, cain, We quote from the
Constitution tue CLAUSE giving tins jurlsdIction
To TIE Court.
" The judlclh power shall extend to all cases
in law aud equity, arising undrr this Constitu-
non, The laws Of the Untrd States, and treaties
made, which shall be made. under their
authority 10 ali cases affecting ambassadors. !
other pubic Mnsttrs, aud consuls 10 al cases
OF admiralty aud maritime jurisdiction; TO con
tfuveIse 10 which the u. >. shall be paI ty to
controSe sles between two or more States, be- |
~een Stale and citizens of another State, be
tween cnizeus 81 different States, between citi-
zens ot the same States, claiming lands under
giants Oi different states, and between a > ate,
or the cit M thereof, L. FOR clgn States cit zens
Ur sub, cts
We subJoD this clause also.
" Inis Constitution, aud tue laws of the
United states " hich shall be made ia pursu-
ance thereof, and all reaties made, or which
shall be made, under the authority of the Unit-
ed States, shall be the supreme law OF the
land and tue judges IN eyrry State shall
be bound thereby, any thing in the Consritu-
Gtata
wltnsandlng.'
RE ID, AND JUDGE
| Mr.. Adams, IN his message OF
1923. gays tn re will bea
! surplus, IA the treasury, on