Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-13

| Traitor to the Union The who'll nfo, y.s III b..
some OF the oPposion prints. Air s.y the ". Daily
huvefusr was cryog out Trra AZ ain the
and Legislature OF Georgia And" Cav. Thu
paPe iI tbs Indian eOnpct toss hung in def NEE nr
ne '9," error We 90 not sse how the Prseid-n, 81
'uo " S'atts eau efhtcdte himssJ from the predser
men, In which his rashne.s and folly has placed
"lm without exer Ing his constitutions, sn,horty Tor
enforcing the execution OF the laws. &c &c. AMI
whenever Chief Magistrate of ,be o,,ion take. mon
himself the latter power, he ought TO brought TO the
ow me constitutional tribunal for the friui and
P""mmen' or such offences" But he Who'll, pio., n
sens - blown up. Their ia to b. no treasoa, war
xosse Co,attdtus, array of troops or imp.a, hmm,
INC Ia, NATIONAL iniellgencer CONS forward IN the
most suodued accents, to announces that thu danger
a over, and that the execution of tn, nnf,rlun lie Ia.
se's' ms sb,ei n, OF action w hal. th. in
formation with the greatest satis.action-The follow
| Intel igrncet: " $50 "''
lno%a,eo has reached this city, raso tho Indian ia
Gos from III, decision of the OF the State Of Geor
ga mas been hung court, Tho
the sSa% o, we suppose passed from the ardie'iOn
from tina, which would Srns the case b
'he issuing wr, of error wa. matter Of courses rh
opeae inc S laws and duty Peracs tho
erto, had been So which tho s,s,e had
it, tn. nevertheless have been esamined bsS,,
% Court. and adndsed according law OF
or the proceedings Of tho OF tho Executive of s
oc.od offence ogns, Laws Of the United sasss ' S hut
Th,. esm. loi human hn life spirit Of
spoI'iSa Of tho execution unit, Of the saprems
by the e" o. e%coo
%,nT Ss SS"T by the
p RESOLUTION. Of the Legislature Georgia
90 iurther than this and mpugn the authority of the
p,emo Court as derived from the far tho pocse
view there is no process by h h. ;" our
desirable As case Of actual Ieoo SS Supreme Court
death Of a'S h Sfo oSo TsST no. the has
syon though he have legally incurred peuay-ba we are
the Federal raj an Um s %Ss" Sy points Of conflict
d;1JI,
or our own satisfaction submitted the st,em.n,
., .ns N In,eligencer to aleg' friend, VIII, has ia.
'oreu us with the following Me NOR Thee ,,a,,
serve 10 show the which has bee m taken bv H.
supreme Court of The United States 10 such di.ou,sd
OF Jurisdicon-as well as to satisfy the reader
"". ne case o. Iassels s buried in the ave with hin:
Memordndd Art Ill Sec. II. Constitution u 8
anu 20 sec. act Congress, passed 24h p 1889 es,a
Ed p. s. N'"'
Ihs eonsttuonali'y OF somuch Of thi. (25 sec) wa.
"ehed oy our Co9rt of Appeals in Martin vs. Hunter
as extends the appellate jurisdiction OF tbs s C Of IT
70 judgments pronounced by Superior Court of Sit.
-Consu'ut onaty re-adjudged by the Supreme Cou,,
OF We ". >; Wheat, p S0i. sanctoned-and again
Xln,nec-and sanctioned in the case of Cohen vs
"a Wheat, 265-Mr. (now Jndg-l B,rhonr - -
'nded that the Supreme Court could no TAX. onn.Iai
JUL u'c ION IN mat case, because the mmonwealh
Pity-and.thatt could not take original urs LECTION
because II was a criminal case-snd therein the Sn
Pieme Court had no jurisdiction whatever-but these
positions were overtued by the Conrt sac o,jnon a..
iiv red by Judge Marshali, 3s7 39I-2 and n sio
shewing that the amendment, arr. XII. did no, afee,
Under the judiciary act The feet of wti, NJ a,ror
simply 10 bring the record into court and nhmi, ~
Judgment OF the inferior tribunal 10 re-sx,min,tion
nov 10 any manner act upon the parties; it acts
on .he record removes the record in'o the snper
visins tribunal. When, then, State obtain, a indy
ment against an n'ividual, and III, court renjs,iny
sucn Jnigment' oVerrules defence up under the
Consuuuon or laws Of the United S,aes the tr,psrer
oil THIS cord into the Supreme Court for the sole
pose OF inquiry whether the judgment violates the
Con-'tu ion or laws OF the United States can viii
propriety, we think, be denomnated a suit commenced
or prosecuted asaus' the State when indymen, /, a.
ear ear re-eTa mined. Nothing is demanded ON IN,
''ate NO claim against Il of any dissertation il "a,
serted or prosecuted The party is not TO be
70 tne pos ssion OF any hing ssntally il il an an.
Pa oh single psint; and the defendant, who appeals
from Judgment rem Tered against him. is never aid 10
commences or prosecute suit ainst the plantif co.
mas obtained the judgment The writ of error il civ
en- raher than an appeal because /, il The more
mode OF removing suits at common law: and bsc.nss
perhaP', Il is more technically proper WHARF, Gin
po'n' OF law, and not the whole is TO be re.exam
lheu But an appeal might be given, and might be 40
regulated at TO esct every purpose of writ of er.or
Inc mode OF removal is form, and not su6s,,nca
sr,ns NC oy writ OF error or appeal, no claim is
dsserra-ho demand IL made by The orisna, d, nd
ant lie only asserts the tuonai right 10 have his
de ence examined by that tribunal whose p.oyinc. i,
Is 20 contue The Constitution laws oil the an ion
ne only part OF the proceeding which i. any man.
ner Persona is the citation And what /. the ci,a,ion
sinpy notice to the opposite party, that the re
transferred into another court, where he NAV ,ppAAr
10 appear az his judgment inciinati M,
determine. A. The party who ba. obtained juJgman'
u ont OF court, and may, Their fOte know tn II b
csnse removed, common ju tee requires that motto.
OF the fact should he given him Bt this notice i, n
SUIT nor has 1t the effect of process IL the mari,
does not choose to appear, he cannot be brousb, in
court nor Is his failure to appear sidered az de
iaut' Ju1gmen cannot be given against him for NJ
nonapPeafance, but the judgment TO be re-examosd
ana reversed or affirmed in like manner if IN. par,,
ni1 appeared and argued he cause, Sc Sc TMarcf
81, ISL, date Of opinion
Judge Johnson in his ooinion-in tho c,so s NJ,
| tin " Hunters Jesse, Wheaton r. o. 376 Il savs
~ nave TOO much conf lence the State trihnn ii, .
OeheVe hat case ever will occur in which IL will h.
necessary Tor the General Government to assun,e
controlling power over these trbunals But il il diff
cu' 10 suppose case which will call loud v for .on.
remedy or restrain! Suppose foreign mni.ter or a,
omcer, acting regularly uOd.r au hofi.y from the IT
states, seized to day. tried o-morrosy and bn,rsd ~
next Gay 10 execution. Such cases NAV occur an,
nave occurred, In othsr Countries. TIL an0,v vindo
i've passions OF men have too often made tn sr 40 in
oJ1dlcia' Tribunals, AMI cannot hcps fo,ev.r N "a
care their baieful influence In the case sunn,seJ
IN 70 ought To be power somewhere TO restrain mr. M
hish, or the U oSD must be dissolved At prrse,t IN
uncomfortable exercise Of criminal Jurisdiction ia
securely coDhded 10 the State tribunals The conr,
o' the united States vesed with no pove- IN az
mise INTO the proceedings OF the State courts in c,i
nal cases" SC. POI March, 1916 date of oniojon
I'll the Pit in Error die, FIRE errors a.synsd a.
wr', soates-Tidds Pfac II096l 81 Am. Ell G;yrsu
" Watkins Wheat 300 but n after asso,r 80, -
errors, The def ndant may Join in error and nsncad -
get the Judgment affirmed, If not erroneous. and m -,
men revive agiin't the representatives. of tbs
uH.-iOld ~ Nv, whether Ia sells deuared tIs I;fa
0e0Te or Dter errors sssignei. think the writ ma, a.
na 60 Certainly, " he died before-anJ if after tho
as'ehodn mas obtained all he required
ms notbing 70 ask. Tae rule OF the Su RENE Cour,
case '''' "Fs