Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-03-31

talk great deal Of nonsense upon legal subjects.
! When they do so, legal men should set them
right
The mandate issued by the Supreme Court, in
the of the Missionaries, IS not and cannot be
directed to the Marshal. 1t is addressed to the
Georgia Court IN which the sentence was rem
dered. 1t is the common ordinary process issu-
ed, when the Supreme Court reverses the judg-
ment Of an inferior court Exactly the same
kind Of process will issue, to the United States
Circuit Court for O"io. in the case Of the City
of Cincinnati and E. White II informs the
Georgia Court, that ITS Judgment is reversed and
annulled, and il directs that the Prisoners be set
at large. In common cases, the Georgia Court
would receive the mandate, cause 1t to be recor-
ded, and comply with its directions. This is the
plain course Of duty. in Government of laws
But the Georgia Court may refuse to pursue this
course. The Court of Appeals OF Virginia once
refused TO pursue it. and the proceedings that
followed were these: The party interested, APP.
piled, at the next term of the Supreme Court
for redress: that Court entered into no conflict
with the Court Of Appeals of Virginia. 1t issu-
ed process direct to the Marshal Of Virginia, to
put The party in possession of the property adj
Judged to be his right, BY the Supreme Court
the Marshal obeyed, and there the matter ended.
II the Georgia Court refuse to respect the man
date, that refusal does not defeat its validity and
effect-neither does it call for any action on the
part of the President. In faC;, it makes no &C.
CASTOR for him to act. Several modes of
seeking further redress are open to the counsel
for the Missionaries. One of them is, that pur.
sued in the Virginia case. Let the matter rest
until the next Supreme Court, and then apply
to that Court for the proper writ addressed to
the Marshal Of Georgia, commanding him to set
the Prisoners at liberty. IL he refuse TO obey
this writ, then the next measure Is To proceed
against him 6y attachment. In case Of such re-
fusal, it would. perhaps be the legal duty of the
President to remove the Marshal, and appoint
one that would act; bot his emitting to do so,
could hardly be held an Improbable offence
II the Marshal take upon himself to execute the
process. and the officers of Georgia resist. 1t
then becomes his duty to call for aid upon the
citizens Of the State, as State officers call for
assistance when resisted, in the execution of le-
gal process. fhe cannot obtain this assistance.
then 1t is his duty to represent the matter to the
President; and it il the Presidents duty to call
out Tie military power of the Union, to enforce
J the execution # its laws.
There is another mode nf proceeding which may
bring The contest to this crisis ~ less time. The
reversal Ot the Georgia judgment totally takes
awav its validity. 1t ~ Of no more effect than II
il had never been rendered. The Missionaries
are as illegally confined, as if no accusation had
ever been preferred against them. or sentence
passed upun them Their Counsel NAV there.
lore apply to the United States DISTRICT Judge
OF Ge0rgia, or TO the United States Circuit Judge
Tor thai District, for writ of habeas corpus
This wrl, must be granted, and those judges being
concluded and bound by the decisions Of the Su.
preme Court OF the United States, must. and no
doubt would, order the prisoners to BE- discharged
Process. to insure their discharge would be issued
| to the Marshal, and then the same predicameDts
occur as already stated. But until the State off
GERS of Georgia refuse to respect the decision,
until Marshal has refused to act, or until he
is resisted III acting and unable to command as
sstance to enforce obedience, the President has
no,h,ag TO do. Il becomes him to remain SILENT
until called upon to express his opinions and in
tentons and 1t is mos, likely he has pursued this
course. - Cincinnati Gez.
The monstrostles of Jacksonism are beyond
the conceptions OF any man, who does not closely
| follow and observe The course of events. For
ourselves. we are astOnlshed at nothing which is
conceived in brain compounded OF passion aud
fatuit' We learnt but few days ago, by let
ter written bv Mr.. Troup, that the decision OF
the Supreme Court of the United States. in the
case Of the Missionaries against Geo gia. was un-
derstood by the President of the United Sta es to
be political blow aimed at him personally.
This is seized upon with avidity, as the cue. and
| the changes will probably be rung upon 1t from
one end of the Union to the other Already
have the blood-hou OF party, opened on the
scent, and the Supreme Court of the United
States-a tribunal as augustus free fro'u the
imputatlon Of party bias, or improper motive OF
any description, as any tribunal which ever had
existence under the sun.-is to be hunted down,
and inundated on the all describing altar of Jack.
sonism. We do not mean to speak here of the
correctness of, or error in, the opinion of the
Court: on that subject men, may differ, and hon
esty differ: shall not be guilty of The Presump-
ton Of thinking that our opinion on this point,
could by possibility, add the slightest weight to
the reasoning of such man as Chief Justice
Marshall. upon subject which has been the
study of his life-5ut we do not believe-we
cannot, that there exists ore man in this country,