Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-03-13
friday ECcast,ag, March o.
THE CASE OF THE MISSIONARIES.

disclosos tho grounds upon which Justice Baldwin
dissented from the decision Of tho Supreme Court
in Worcsstcrs case.
Tho questions which tho writer addresses arc of
high and melancholy import. Tho prevalent
opinion here, seems to be, that tho President will
do his duty, and that the laws DO enforcod but
from tho tene of the Court Journal, we havo lttlo
expectation Of this. If il be asked, ought the
judgment of tho Court TO be carried into execution
by arms' rotort tho question, and ask what
will be the consequences of failing to cxecute it,
Will not the Federal Government be virtually dis
solved' Is that in truth, any longer Government,
which is too feeble to execute its laws7 We are
brought at once to tho points it better TO have
recourse to the bay net, to attempt to keen the
Union together, or to permit peaceablo with.
drawal of its members, or lastly 10 hobble on like
the old Confederation, each State obeying such
laws as she liked, and disobeying othcrs7 1t is
plain that the condition of the Government is At
this moment little else little better than under
the old articles of Considerations and now VIC trust
1t will have become evident to all men, what
chimera consolidation is, and how much superior
IN force, the centrifugal power in the system is to
the centrpetal.
From the Correspondent Of the u. S. Gazette
WASHINGTON, March 3, 1882.
The Chief Justice delivered this morning, tho
opinion of the Supreme Court in the case of the
Cherokee Missionaries. 1 have never witnessed
such an exhibition of anxiety 10 hear a decision as
on this occasion. The court room was thronped
with spectators, including many members of both
Houses of Congress, who pressed on the Bench so
much az almost to amount to annoyance. The
voice of the venerable Chief Justice is SO weak
that it was impossible to catch the tenor of the ar
gument which was contained in the opinion, and
which led to the conclusion. The delivery of it
occupied about an hour, and expression of no.
nos nF,Ak l~la
cnance (for saw no Georgia representative un.
til after the judgment was pronounced) when the
venerable Judge declared it to be the decision of
the Court, that the sentence of which the Superior
Court of Georgia had adudged the plaintiff in err
or to be imprisoned in the Penitentiary &c. was
given under a law which being repugnant to the
Constitution, the treaties and laws of the United
States, was in itself null and void and the
that the Judgment of the Court be reversed
Judge MLean avaed himself of his privilege
to give his opinion in detail. He express
Cd his entire concurrence in the opinion
pronounced by the Chief Justice; but, in the course
OF very elaborate an ingenioaz Osglraant he ipe
dcated that he thought the removal of the Indians
to be their best policy. He occupied more than an
hour and a quarter in the delivery of his opinion,
which was very ably drawn up and reflects great
credit on his research and his genius.
Alter Judge M'Lean had concluded judge Bald
win stated that he had prepared an opinion, which
he had intended to read, In dissent from that of
the Court, but it was of some length and as
he stood alone in the views which it contained he
had made up his mind not to deliver it, but to con-
fine himself to Il few remarks on the point on
which he had, in the course of the argument of
council. made remark two.--He then read
some authorities on which he relied to sustain him
in the view which he had presented as to the in
suffeiency of the record which had been return
ed from the Court below. He considered this re-
cord as fatally defective, for want of proper au-
Identification, and laid it down as his decided opn
ion that the case, on this account is coram non
JUDGE.
The next step, presume, vii, q to issue man.
datory process. The Marshal e State of Geor
gia will, in all probability. - to serve it. and
will resign his office. TIL. utbs titles of Georpia
will protest against the step, and refuse permission
to any U. States officer TO serve it. The Presi
dent of the U. States will side with Georgia, and
Will, consequently, take step to enforce the
process. What then is to be done? Will Con
gress impeach the Presdent7 If nothing is done
will the Judges continue to wear their judicial
robes, and to sit on the bench after their power
shall have departed from them7 These are yery
important questions. 1t cannot be doubted that
the strength of our government is about to be
tested by this judgement; at the same time
have not met with single individual who does
not approve the integrity of the decision, and hon.
or the Independence of the Court by which il has
been pronounced. presume that, in the course
of very short tmo, shall hear Of the mea
sures to which it will give rise. There is ample
time for reply from Georgia. and for the uiti.
mate action of the federal government. before tho
adjournment of Congress.