Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-11
rHE GEORGIA QUESTION.

Tdb 0kOkGtA QUESTION.
q The General Government as the MUS to the
Lamp Of A'sfdo. have borne down with all their
wsssh upon the acts Of Governor Gmer, and the
Citation Of the Chief Jus,ics.-The New York Ameri.
can deeleres. that " The yoiwe Of the Union 10 now
brought fully 10 the test,hat II must be seen
whether the President will or will no, .iuain'ain the
Constitution snd laws Of the United States. which he
has swosn 10 support. The Supreme Court. 6ndiag
their process resisted will Of sppy 10 the Exc
euuvs department Tor tbs means Of eoforc ne u 'ud
the President declines. the, Union IS dissoired ~
that the most sn,ous question that has arisen
under the Constitution since its establishment. anil il
10 now presented In form that cannot be evaded THE
life OF the wrstched Iodsn has doubtless been taken
and far he 10 concerned, rar'h afford him M
remedy but the supremacy OF the Constitution, on
which the happiness and duration of mi, I'm on de-
pend. may vet be a''er'ef'!!
The N. Y. D.iy Ajve, / er clothes n. c,nvas with
The darks't colours eharses treason homo to the
Governor and L@gi Ia nre of Georgia. II decar.s 8,
that resistance to the authority Of the Supreme
Court 10 the exercise OF Its legal and constitutional
Power.s matter. at least to the p'r.ons WHO may be
Immediately aud actively concerned in IL, Of a more
serious imporancs-that Treason against the Unit
ed Siafes." Gays the Constitution, shall consist only
IN ievyins s0ar asain.t them"-that " Resisting The
exeeutio. Of the laws by arms. Is ievyng war against
tho United Stats-that Its no, ia tn. power OF the
0ovsrner or Legislature Of G,orgs, to sit in judg.
%sn s,,ss, IA Court 2. E',If. or Cou;! Of
and that However much they may consider tie dig
nifty or sovereignty OF the State compromised by the
supremacy
nsten.i courts. they must either submit them,
place themselves 10 tho attitude OF forcble resistance
which 10 lsvying war; and, therefore. directly within
the constitutional definition Of tresson.'
The N. Y. Commercial quotes from the Constitution
the several restrictions which have been imposed upon
the States. and refers {, the 4ls 42nd 4srd and lih
Nos o! the Fsd.r.li.t-ail from the pea of Mr.. Madi
to show that Georgia ought to a I'VE bowed sub
mission TO the summons Of the Chief Jusee-and Civ.
On IN, what has never seen gwen tho control of her
criminal jurs LECTION to the Supreme Court Of tho U.
The Mt Inteilix .ncer, of course, join. in the nee-
chimes 10 with eli these Federal pres Sand true TO its
v'u.' vocation Of hiring away characters by inuen-
do and rsnnson, would leave the imprss.ion that tho
friends Of Jackson opposed to the lawful auihore,
OF the Federal G,vernmsnt and that Henry Clay must
be elected 10 save ths Union itself.
Th' re dor may judge how far NJ. Madison can be
fairly quoted on their side of the ion by the io
lowing fact The summons in the cass Of Tms.ls
convicted Q, mur.er, brought under an &C, Of Coz,
gr.'s which Is founded the following clause of the
And Ssct Of 81 Art Of III. Con,itntI,n-"The Judici
power shall extend to all case, in law ADD EQUITY ari.
ing under this Constitution, the laws of the United
States aud rea,ie. ,ae. or which shall bs m sde un
der thar authority" Now, what cay. Mr.. NJ dison'.
Report on this very clause! "Ths expression lease,
10 law ana equity, Is manife'y confined to ease' Of
e'v,f nature, and would exclude cases Of criminal
jSTisdiefion Criminal OF law and equity usulJ
Be language unknown to the law"
What would be the situation Of the States IL the Be.
dsral Court could interfere with tn I'm in the ex-
ers.e Of thar criminal son-and drag them be
fore is tribunal, at it, pleasure, such an oeca.ion
either M own citizen the ciiiz OF her ate
pariys-Sh,l be SAIL that tbs writ Of error is is
sued by way OF carrying into execution Treaty Of
the U. States with the Cherok ses.-Bu, where |, the
treaty which strips the Stats Of its criminal iuri,dc
tion! or. which Acknowledges the Chsrok.e G,v-rn-
m-nt AZ perfectly independent Of that Of Georsi,l-If
such treaty bad been male would il he valid! Can
the States pass away thu rights Of Georgia. What
suts,nivs power have this States given to the Gene
=" G'vernm mt. but 10 regulate commerce with the
1ndsa tribes!aod does tins special power transfer all
md crim
but what has ben the n iii,n Of other Sa.ss?- |
las either of Them ever yield I'd such RICH, OF jur.
extended IL. cole to tie Indian trbs., law Of Con
neeticut In 1903, provides that 10 ian hall be pu
to death for the murder Of ano'h.r Indian. on beinv
thereof convicted before tbs Superior Court-A law
OF N York in 1922 orhis 'h Senecas and other tribes
OF Indians residing within CHAT State, TO try ard put
to death ms mbes OF their respective tribes end Gains
offences committed within the State. belonging
" Of right to courts holden uodsr the Constitution as
laws thereof as necessary attribute Of sovereignty"
Gc-Siniar pravi-ion are to be found in the statutes
OF other States. The pow-r belonged to them even
when colcnes;snd they have deve ted eives
otThe sole power which they transferred under the
other State has parted with this power, VIII did Gesr
eta IL others are to exercise 1t with i'm punty, why
should she alone be puoi-hed?
Ii has been said, that the New York tribe, were
Observation-Disclosures the Chsrokees are more nume-
rous peopls, and have formed government Of thri
own-And this which was rea on with Mr. Adams for
III.
which was formed within the iuri-dic,ion OF orea.
pretended Emporium in imperio, is be called in
~ rsaon. why tn ate should Interfere and why
II shouli abandon i,s jurisdiction
Tho N. Y. American trembles for the Union-I
Insists upon u, that the Unioi is in DANGER IL the
thos,y Of The Federal Court be not asserted 1t is
there no danger Of dssenon the other way we are
., we'll satisfied OF II, that lately said to Sosth
Car lima, PAu'e, p,nse, for Ravens saks pause"-
We would now say to tho Federal Court, Pause, for
Heavens cake pause"
II Literary Probieml Judge Clayton OF Georgia
has published candid and able Review Of Mr.. Nc
DUTIES Report the Bank of the u. Staes-The Re-
viewer has followed il up with Card, stating his
ccption Of can anonymous letter from Of Com
mercial Cities, informing Chimp among other things,
chat scarcely particle of the Report the Bank of
tho United States was penned by Mr.. NcDuffie but
penned by those Immediately interested in, employ
ed by the Bank and that, 'tho following individuals
can tell who penned that document: Langdon Cheves,
N. Biddle Mr. Ingersoll, &C. &cThe Judge declares,
that he knows and believes nothing about the natter
but il be true, il "speaks voumes-that the "hon-
orsbIe Chairman Of the committee (Mr. McD) should
promptly disabuse the public mind to the alarming
inspre"-and that "or the sake of the purity OF their
deliberations Congress ought enquire into it, If there
is the slightest foundation for such belief This much
(says Judge c. TO- do know: hundred thousand
copies OF the Bank Report have been published at the
expense Of the Bank; IL has been repubshed in all the
papers in the u s. friendly TO that institution" sc. &C.
IL the hand Of the Bank be in this thing there are
at least strong marks Of II in certain newspaper
ticles,
THE STATES.