Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1834-11-27
STATE JURISDICTION

Inc following article, which we copy from Ill,
h'hens iennessee) Journal, details a case cor
responding IN ITS principal features with the cases
q. 'SSe% and GfaUes IN Georgia. The decision
| oil the Tennessee Ju sc, bowev err differs wilel,
from that of the Georgia Courts and the reasonin.
oy which II IS sustained seems 10 us satisfactorily
to rcfuie the sophistry by " hich the Georgia Null
| 'yers have cHdeavored to defend their Infringement
OF the rights OF the Indians and their coniemptuou.
disregard of the ntcrposng mandates OF the Su-
premc Court
Athens, Nop IL.
The circuit court for this county, Judge Kel.
presiding, adjourned last Saturday, after session
of two weeks
During the term, the case of the State agains,
James Fireman and Aaderson Sprtngston, indet
ed for the order of JJin Walker, Jr, came on
to be determined by the court ON the pie, of the
defendants, N bar to the Indictment, alleging that
they as well the said Walker, were native born
| citizens OF the Cherokee Nation that the offence
charged IN the Indictment, If committed at all was
committed within the limits of the Cherokee terri
Tory, and beyond the righ;fuI jurisdiction Of the
State of Tennessee. To this plea the Attorney
General put in demurrer, and the question was
argied by Messrs Attorney General FREEZER, Gil.
espy aud Breazealc, on behalf of the State, and
Messrs Jarnagin, Churchwcll and Rolls, on behalf
Of the Defendants at great length, an1 We would
say, with great ability, on both sides, If we had not
nave had niger IN it oursclf.
Inc arguments being gone through the court dc.
iivered ITS opinion, sustaining the ptu and overru
ling the demurrer deciding, rs we understood his
honor, that the Cherokees though not n sovereign
independent nation, were nevertheless a nation, SO
recognized by all the treaties made with them
that the individuals composing this nation not
NH tbp tuta Int e
separate community; that the Cherokees, if they
ever were sovereign, had lost their sovereignty by
acknowledging the pro ection of The u, States
that they had passed under the dominion Of the
United States but MOI of The States IN their sepa-
rate caPaclly-that they were not subject to the c
elslaiion Of the S,ntcs, but TO the legislation Of
Congress. lis honor, furthermore, decided the act
of the Legislature extending the jurisdiction of the
St,c over the lnan territory, TO be unconsiltuton.
al and VOID, because offs being partial in its crms
and not n general aud uniform law of the land.
From thls decislon the Attorney General took
an appeal, IN the nature of writ OF errr TO the
Supreme Court
This sta'emcnt is made merely for the informa-
ton Of the public, and not with view of making,
oursel eliciing from Others, either structures or
the decision this We consider i'm
proper, until after the final adjudication of the
cause. The general subject however, IS one OF
much interest to the citizens of Tennessee, ard to
the whole Union and, # time and opportunity per
nit, we expect, at future day, to present our
readers with brief view of the subject together
with some Of the authorities, which VIC think sus-
tains the State of Tennessee in the posesso Oh which
she 10y the cnaclmcnts of her rgisanre) has ASST
med