Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-01-06
THURsDAY, JANUARY 6, 1851.
GEORGIA. AND THE SUPREME COURT

In the official paper Of yesterday morning, ap-
peared the following paragraph:
"We congratulate the friends OF State rights
upon the case, and the manner IN which GEoR-
Ola has been cited to the bar of the Supreme
Court The time too is suspicious. The spirit
of Liberty and Reform is abroad upon the earth,
and the position in which the Supreme Court is
placed by the proceedings of Georgia, demon
strate the absurdity of the doctrine which con-
tends. that that Court is clothed with supreme
and absolute control over the States"
70. S. Telegraph Jan. 8.
In such terms as these, does the Official Coz
.r,rncat Paper exult. in the defiance which the
Legislature of the State of Georgia has bid to the
authority of the Constitution and the Laws of the
United States. 1.-The Spirit Of Liberty and Re
form is abroad upon the earth;' and to the re-
forms already effected under this administration,
the Government Paper rejoices that there is to
BE- added that of the prostration of the Supreme
Court Of the United States, the only safeguard
of the rights and liberties of either of the States
OF the People. This, too, until automatically
contradicted. must be taken TO be the sentiment
of the present Administration.
IL is time, fellow citizens, that we come to a
pause, and solemnly reflect upon our situation.
The Tariff has been declared to be unconsttu-
tional by more than one State; Inter nal improve
ment has been denounced in the same manner;
the United States Bank has been assal.ed in the
same manner; and, worst OF all, the authority OF
the Judiciary Is set at nOught-al under the ban
ner of :. Liberty and Reform" 1t is not ne
cessary for us to add. that, sustain these doc
trines, and our government is at an end. The
sword and the bayonet will have usurped the Of
fee Of appeals and wrts of error. and the Supreme
Court will be substituted Dy some tribunal OF more
summary proceeding.
We should not speak of the Resolutions of the
Legislature Of Georgia in this tone Of alarm, IT
they were not seconded IN spirit by the ofhcial
Paper. Those resolutions, paused under the IN
fuence of strong feeling, will operate, probably.
to produce no tangible effect, and are not IRE
rersible. Whether reversed under the influence
of better views on the subject or not. If they op-
crate upon nothing. they will have only the effect
of the declaration of an opinion. But the approx
al of the spirit of them by the Government Pa
DER. following as il does other recent demonstra-
lions of hostility to the Supreme Court, from the
same quarter, is calculated to nil the mind OF
every Constitutional Republican in the country
with alarm and dismay.
What, in brief, is the case presented by the
documents now in possession OF the public: An
Indian condemned to be hanged by the Georgia
Court, under law OF the State, sued out writ
of error from the Supreme Court of the United
States. to bring the cause into that Court, upon
the ground that the law of the State of Georgia.
un,Ier which he was condemned, was void, as being
AGAINST laws and treaties of the United States.
The Judiciary of the United States has jurlsdie-
ton of such cases, by express provision OF the
25th section OF the judiciary act. passed at the
first organization of this Government. 1t has
a., #
for il. we here insert the whole of the section re-
ferred TO:
TSectIon s5. ! find be Il further enacted, THAT
a hnal Judgment or decree IN any splt, In the
highest court of law or equity OF State IA which
a decision in the suit could be had, where is
drawn in question the validity of treaty or sta
tue of. or an authority exercised under, the Unit
ed States, and the decision is against their vail
div: or where il drawn IN question the validity
of a statue of, or all authority exercised under.
.ny State, on the ground of their being repug-
nant to the constitution, treaties, or laws, OF the
limited States and the decision is in favor of such
their validity. or where is drawn in question the
construction Of any clause of the constitution,
or of a treaty, or statue of, or commission held
. under, the United States, and the decision is
against the title, right, privilege, or exemption,
specially set up or claimed by either party, I'M
der such clause OF the SAID constitution, treaty,
statue, or commission, may be re-examined aud
reversed Or affirmed in the Supreme Court OF the
United States, upon writ OF error, the citation
being signed by the Chief Justice, or Judge. or
Chancellor, of the Court, rendering or passing
tn. Judgment or decree complained of, or by a
Justice in the Supreme Court Of the United
States, in the same manner and under the same
regulations, and the writ shall have the same eff
feet as if the judgment or decree complained OF
had beer rendered or passed in Circuit Court,
and the proceeding upon the reversal shall also
be-the same, except that the Supreme Court, In
stead of demanding the cause for final decision.
as before provided, may at their discretion, if
the cause shall have been once remanded before,
proceed to a final decision Of the same, and
award execution. But no other error shall be
assigned or regarded as ground OF reversal. IN
any such case as aforesaid than such as appears
on the face Of the record, and immediately re-