Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-12-09

hents should not he set aside, which have been
,a'o,y rendered IN the Superior Court of the coun
~ OF Swlnnett, against Samuel A. Worcester inc
EiZur Butler for violation of an existing law O
.io state, committed within its jursdiciona
i.ipi's. Also a copy of notice purporting TO s,
signed by William Writ and John Ser,oont n.
counsei tor Samuel A. Worcester and Elizur But
ter' informing me Of an intended application TO the
supreme Court, for u hearing writ of error fled
by those persons
The obvious object Of the proceedings to which,
lhiS hotce aud these citations relate is to call in
question, and attempt to overthrow. that
jurisdiction OF tho State, in criminal cases, viii oh
oseh vested by our constitution, in the Superior
Oour's OF the several counties of the State.
r. My respect for tho Supreme Court of tho United
states as a fundamental department. of the Federal
government, induces mo to indulge the earnest
nope that no mandate will proceed from thatcourt
Attempting or intending to control one of Tia Gov
efegh states OF this Union il the free oxersse of
its constitutional, criminal or civil jurisdction
ne powers not delegated by the Constitution TO
s oh'ed States, nor prohibited by it to ths States,
are reserved to the States respectyslys Such n
control oyer srmiaa al Jurisdiction, q. thee. pro
eeedhgs indisste, 1t il beeved, has been dole.
gated to the United States. and consequently can
not be acqulesced ia er submitted to.
ANY attempt - infringe thu evident right Of e
o'sts 70 govern the entire population within it's
territorial limits, and to punish all offences COM
United against its laws within those limits {aue
regard being had to tia cases expressly exssptsd
oy the Constitution of the Unitss Siatssl would
I
states Such attempt, whenever made will
cha!ienge the most determined resistsn:e; and If
perseVered In will inevitably eventusts in the suni
hliolion OF our beloved Union.
In exercising the duties of that department of
government, which devolve me, l will Sisreg gard
all unconstitutional acquisitions, Of whatever char
acter or origin they may be; snd To the best ef my
abilities, will protect and defend the rights of ths
state, and use the means afforded to Ins TO main
tain its laws and Constitution.
Signed, WILSON LUMPKIN.
COPY
UNITED STATES OF AMERICA.
To the State Of Georgia, greeting:
You are hereby cited and admonshod to be
and appear at Supreme Court of the United
States TO be holden at Washingts en- the second
Monday OF January next, pursuant TO a writ Of er-
ror filed In the Clerks Office ofthe Superior Court
for the county of Gwinnett in the State of Georgi.
wherein Ezur Butler is plaintiff in error and the
State OF Georgia is defendou i'll erro- to shew cause
II any there be, why judgment rendered against
Ezur Butter as in the said writ of error mentioned
should not be corrected; and why speedy Justice,
should not be done to the parties in that behalf
Witness the Honorable Horny Baldwin, one of
the Justices of the Supreme Court of tho United
States, this twenty seventh day of October in the
year OF our Lord, one thousand eight hundred and
thirty
Signed, HENRY BALDWIN.
Samuel A. Worcester, PlrF in Error. In the s,.
The State Of Georgia, D.fsa. in Errsr. toftho s.
EIiSar Butler, Plaintiff in Error. In tho Su.
Tie State of Georgia. Defen. in Error. oftbe u 8
SIR-I on are requested to take notice, that on
the part of the plaintiffs in error in these case.
application will be made TO the Supreme Court of
the United States for hearing at THAR next ses-
sion Immediately after the expiration Of sixty daye
from the delivery to your EAcellency of this notice
We are, respectfully,
Your most ob't. Servants,
Signed, WILLIAM WRIT
JOHN SERG EANT,
Counsel Of s. A. Worcester and E. Butler
Philadelphia, Nop 10, 1881.
His Exceilency the Governor of Gcorgia.