Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-01-12
NO. II.
From the Boston Centinel.

eiuhiS Ill tiidt pdit oI tHe SneTOkee of-
ritory, which has recently been ceded to
Georgia, was some months ago convicted
of the murder of another Cherokee In
dian. The Indian land on which tho
murder was committed had been annex
ed to Hall county, Georgia, and in 1899
an act was passed by the Georgia Leg
islature extending the existing laws of
Georgia over the Indian territory, as be-
ing a part of Georgia. Under this law
TasseIs was tried and convicted in the
Superior Court of Hall county, before
Judge Clayton. AT the trial plea TO
the jurisdiction was put in for the Indian,
and was overruled by the Judge. After
the conviction, an attempt was made by
the counsel for the Indian, 70 set aside
the judgment, on the ground of want Of
jurisdiction on the part ofthe State Court.
This was soon after argued in due form
before "a CONVENTION" ofthe Supreme
Jud dges of Georgia, five in number, VIM.
III. CRAWFORD, late Secretary of the
Treasury being Chief Justice. An Ella
borate opinion Of the Court, drawn up
by Mr. Crawford, was given, by which
the plea of the Indian to the Jurisdiction
Of the Court, was overruled, and the Ju-
risdiction of Georgia was fully sustained
by the unanimous opinion Of the five
judges"
Judge Clayton proceeded to order the
Indian for execution on the Oath of Dec.
OF the subsequent proceedings we have
no further account than what is contained
in the annexed message ofthe Governor,
and the summons therein referred to. 1t
appears that the counsel Of the Indian,
considering his case to be one resting
upon the construction of treaty of the
United States, and in which consequent
ly, according to the decisions Of the Su-
preme Court of the United States, that
court has appellate jurisdiction, sued out
perior Court of Georgia in which the
sentence had been passed, requiring the
case to be ratified to the Court at WASH
ington. The state being party to the
suit, citation to appear and show cause
was addressed to the Governor
Governor therefore addressed the follow
ing message to the Legislature.
Executive Department,
! December, %, 1890.
! submit to the Legislature, for its con-
sideratioD, the copy of communication
received this day, purporting to be sign
ed by the Chief Justice of the United
States, and to be a citation of the State
Of Georgia to appear before the Supreme
Court, on the second Monday in Janua.
-. Al.
having caused person who had COM
mitted murder within the limits Of the
State, to be tried s convicted therefor
| The object of this mandate is to control
the State in the exercise Of its ordinary
| jurisdiction, which in criminal cases, has
been vested by the constitution exclusive
ly in its Supreme Courts.
| So far as concerns the exercise of tho
power which belongs to the Executive
Department, orders received from the
Supreme Court, for the purpose Of stay
ing, or in any manner interfering with
the decisions of the Courts Of the States
in the exercise of their constit utional
jurisdiction, will be disregardcd; and any
attempt to enforce such orders will be
resisted with whatever force the laws
have placed at my command
If the judicial power thus attempted
to be exercised by the Courts Of the Uni
| ted States, is submitted to or sustained,
; it must eventuate in the utter annihila-
ton of the State Governments or in 9th.
er consequences not less fatal to the
peace and prosperity ofour present high
ly favoured country.
\ (Signcd) GEORGE r. GILMER.
! UNITED STATES OF AMERICA, $"
To the State of Georgia, greeting.
! You are hereby cited and admonished
to be and appear at Supreme Court Of
the United States, to be holden at WASH
incton, on the second Monday in Janua-
ry next, pursuant to a writ Of error, filed
in the Clerks office of the Superior
=. Court Of the State Of Georgia for Hall
county, in the county of Hall, wherein
George Tastle, alias George TASTES, a.
las George Tassel, alias George Tassle,
alias George Tasslle is plaintiff in error,
and the said State of Georgia is defen-
dant in error, to show cause, if any there
be, why judgment rendered against said
George, as in the said writ of error mem
toned, should not be corrected, and why
speedy justice should not be done to tho
| parties in that behalf
! Witness the Hon. John Marshall,
| Chief Justice Of the said Supreme
! Court of the United States, this
18th day Of Dec. in the year Of our
! Lord, 1880.
/ Signed J. MARSHALL,
III (k.af T,,.,.,o of ,ka IT -