Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-11-21
P0E,HBEs;AEl.
AIl1IEnGrNt11r

MILLEDGEvILLE November ~.
CITATION FROM JUSTICE BALDwIN.-ln another
column will be citation sigLed 10y Henry Baldwin
Judge OF the Supreme Court, requiring the State Of
Georgia sppear before that tribunal on viii of Error
in favor Of James Hogg Smith, Cherokee Indian who
has been tried, convicted, aud Tor murder in
Walker Superior Court. The Nullfers, with t!eir ua.
alleng hostility 10 the Federal ~ non have planned
and produced, aud now employing this Interference
with our jaisdclon in order use into the hearts Of
the people, violent hatred for the General Government
The whole u plot OF the Nulliter designed produce
collision between the Federal State authorizes i
one Of the Superior Courts OF the Cherokee Cucut an In
dlan, alter lsir trial. Mas convicted OF MURDER aud the
Multiplying Judge, who presided his trial, alter
verdict oil "Gniiiy, postponed ,he execution for fifty
five days. Why this extraordinary delay2 In or1rr 10
allow time Tor application the Supreme Court and
the interposiiion of that tribunal Nxii, ing conn
sci apply to the Supreme Court TO and revere
the decision OF the State Court Why this apulcaion
DO they hope to procure reversal Of HE irgnr mt of ia
State Court No Their only hope is 20 .lnbroI and cx
a-pcrtie the people against the Federal Government
when The facts are communicated 10 The Leg
Nuihier in each branch proposes reference of The sh
jec to Select Committee. Why this rrerenre TIA.
hey may have an opportunity, by an uil,mmaory report
TO knde dslrust aud hatred, angry opposition ayns
The Federal Government. Nodoubt this vile intrigue was
fully ma,ured before the session Of the Gene Assrl,
and rumor aloat, that elaborate report has
prepared for the occdsioD by the notorious A,tcus Rut
unless we are greatly deceived the cious and corrup,'
hopes OF the Nuirrs will Toe Disappointed and the oe
Transaction Will PSss oil IS cally summers moronV
The citation has not The force auiho,i OF law or
oil Judgment IL lie only in the OF n summons
ms process, when proper case Is made paper =
writ Of right which the judge is bound TO issue but o
trial OF tins case on the merits the Judge woul.
decide in favor OF the State; Tor lac has heIei re- ,u.,
the sovereignty and jurisdiction OF GeOre over her Cero
kee territory.
The State will dree ard this because accol
to The Constitution Of the United States she is moi liable "a
the suit OF an lnian, in the Supreme Court and because
she has never delegated to The Federal Governments anv
right TO onsi her Of jurisdiction Territory n
her chartered limits, aud the population rescnt thereon
On the States refusing appear before tho Sup,er,e
Court no further proceeding will be aem against
her. -
The sheriff of Walker will the sentence Of the
law Ii IL reported we presume the authority OF null
ying counsel that wit of some kind has been served
on that officer, iobidng him the Judgment OF
the court He will he ndv.ud and instructed to execute
the sentence OF the low aud the unfortunate l ,,,,
Indian will pay tho forfeit OF hs crime For bi, ob,cnce
10 the laws OF the State, the sheriff. II Is probable. 81,
never be called in questions that lac be Injuries for
IL, is certain.
The citation will moi produce the slightest cmbarrass
ment IN the administration oil he ldw will IL give rise
10 any collision between the Federal and State Govern.
nens In The course pnrsued 10y Georgia, there will
neither be theoretical, nor practical Notifications She
VIII pass no authoritative judgment She will engage in
no orchie resistance against auy law VI Congress; she
VIII not even oppose Judgment Of any Federal Co,,t:
she will only exercise those ghs governing her ente
si and population, which she has ma er drlg,, ., 81, -
Federal Government and which have hot been prohibited
TO her by The Federal Constitutions with calm AMI c
Yea resolution che VIII mant1n her rights believing the
process which hasbeen served her Chief avis a..
not TO be founded on any hostility the Federal Govern
men 10 her rights, il will excite in her sny bol,rv In
that governments she will plans OF angry yio
ence she viii continue to cherish he Federal mon with
undated affection In her cOuise sho VIII be sustained
certainly by the Federal Executive; and % oLably bv lie
f"derSl JudlcITy, aud majority OF Conprrs, al ,
united States and will not be attended viii, the -i.il
est dagger Of civil war, OF Of disunon Federal U,nUn
---------
GovERNoR's MEssAGE-This important document ma
doubt, has been read, and viii be read with deep inter
est by the People OF Georgia. IL is manly profound
and comprehensive communication Tie governor fss,-
esy exposes and boldly iebukcs the Isitless conduct Il
the Judge OF the Superior Courts the Cherokee trc,i,.
on. he mingies no personal abuse with lis just and die
nted censUfe; does lac inS abe the n,ru uc 81
The judiciary. He exhibits 20 fhe General Asse,,bI,
those facts which show that additional legislation il need
ed on this very important subject order 10 sustain 10
sovereignty peace, and homer Of tho Stale and 10 nro,e,
the rights OF the citizens simple Statement, of tess
aes Imports me seTeres GENUINE on Judge Hooper That
gentleman may be wounded, bnt he has no t,l,, II, e,
plain when he Is bjutcd by The truth There 4. o st,
ling fact ia relation 10 the Cherokee Lills OF which lie
public have not 10 general boen informed The 49,,
functions OF Judge Hooper Issued bcore ,,i -
out The Intervention OF jury without verdict iudg
meni, or decree TO sn'ian them, not moreiy pre.
h'bt the defendants Is tao white aud arl or
committing ifespass; they 20 lar hcso,d !le ncr ~
lcc OF injancGons; they transcend ali oher ininncon
they require the defendants TO ptforui n s,sc,Gs
they commaud the def ndanls 10 gce up IL HE cam
Pidindnfs (who are Chefokees) i6nds NJ tchic6 M ~.
I"ad"S hdd obtained possession dgyeeaJig 10 me ias
~ me STATE precious Ia me issuing NJ injunction 10
Keep things IN stafH que he proper Office, Of an inc
uon but The ihJunctions Of Judge uopcr wifIo,i IL
uonee, anu "hou' VA ny Jnry aucnp change The
possession Of Inhu and e has issued process r die
and punishment Of citizens who have refused obedience c
his arbitrary add Illegal maudate. The citizens If lie
cherokee countless aud ohefs owning lands tLe,e all
perceive hat tie Governor rs , stnfI c.u,, 49, 80,
termned guardian Of their figIils and in'ers.fs
ihe Message takes comprehensive view ~ al u,s
great n;cress Of The State and with olier iono,, 49,
Jecs' earnestly recommends The nanusl ho s,s,e ~ n
education his system s favorable 10 te IT, adj -,
we souudDess OF constitution, end 10 Ec moral habits Of
souensj WINE . so economical, republican n lie
character, so friendly 70 be INTEREST," Of te poor at g
trust will DO encouraged by enlightened and rrpul-
hcan Legislature. wv
The Governor adyorts to tie successful mansgenso nj
uis penhenu'ry under rs pf-s nt principal keeper aud
e"eHs OH he ueepy interesting fact that this Prison has
"a oil Il. 10. s.se Il. q
or ,bs VICIOUS and place Of reformation or he de
49,, "es''Ro coh,'ins great doa of matter not here
adYeTled TO and u is throughout worthy IN be (,a
bies'eo by an able vgisu and patriotic Govrfnor f an
ehhsp'eheo' zeslous, and republican Iepisstuse H.
eoses WIN sentiments % deep sud solemn devotion TO the
oyn'uuuonal Union Of be Sates and Of Gra nnd s,feno
ops support Of ibsl distinguished patriot Andrew Jseksos
Ony n'ap WHO IS able 70 defeat The corrupt coalition
Of gigantic end Proaigao Baak-B