Cherokee Phoenix

From the Federal Union

Published December, 31, 1831

Page 1 Column 2b

From the Federal Union.


Of the Judiciary committee on the Communication of the Governor, relative to the Citation from the Supreme Court, in the case of the Missionaries.

The committee to whom was referred, the communication of his Excellency the Governor, transmitting to the General Assembly, copies of a paper purporting to be signed by Henry Baldwin, ______ of the Justice of the Supreme Court of the United States and to be a Citation to the State of Georgia, to appear in the Supreme Court on the Second Monday in January next, to shew cause before that tribunal, why two several Judgments should not be laid aside, which have lately been rendered in the Superior Court of the County of Gwinnett, against Samuel A. Worcester and Elizur Butler, for a violation of an existing law of the State, committed within its jurisdictional limits; also of a paper purporting to be a notice signed by William Wirt and John Sergeant, a counsel for Samuel A. Worcester and Elizur Butler, informing his Excellency the Governor, of an intended application to the Supreme Court for a hearing on writs of error filed by said Worcester and Butler.-

Beg leave to recommend to the General Assembly, the adoption of the following resolutions, viz:

Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the act of the last Legislature, making it penal, to reside within the limits of the lands belonging to the State, in the occupancy of the Cherokee Indians, without having taken a license from the Governor, and without taking the oath to support the Constitution and laws of Georgia, under which Samuel A. Worcester and Elizur Butler, were convicted at the sitting of the last Superior Court of Gwinnett County, is not in violation of either the letter or the spirit of the Federal Constitution.

That the State has right of civil and criminal jurisdiction over the whole of the lands within her chartered limits, and that her jurisdiction does of right, extend to the persons and things within these limits.

That 'the powers not delegated by the Constitution to the United States nor prohibited by it to the States, are reserved by the States respectively.' And that a right to interfere with and control the criminal jurisdiction of the States, has not been delegated by the Constitution, to the United States or its Courts, nor is the right of exclusive and final jurisdiction in all criminal cases, prohibited by the Constitution to the states.'

That by the Constitution of the State of Georgia, final and conclusive jurisdiction in criminal cases, is vested in the Superior Courts of the several counties of this State; and when these Courts have pronounced the sentence of the law, no Court has the right to rehear, overrule and reverse their decisions; or in anyway to impede the execution of their decrees.

That any attempt to reverse the decision of the Superior Court of Gwinnett County, in the case of Samuel A. Worcester and Elizur Butler, by the Supreme Court of the United States, will be held by this State, as an unconstitutional and arbitrary interference in the administration of her criminal laws, and will be treated as such.

That the State of Georgia will not compromit her dignity as a sovereign State, or so far yield her rights as a member of the confederacy, as to appear in, answer to, or in any way become a party, to any proceedings before the Supreme Court, having for their object a reversal or interference with the decisions of the State Courts in criminal matters.

That his Excellency the Governor, be, and he and every other officer of this State, is hereby authorized and requested to disregard any mandate, order, process, or decree, that has been or shall be served upon him or them, purporting to proceed from the chief Justice of the Supreme Court of the United States for the purpose of arresting or impeding the execution of the sentence of the State Courts, in criminal cases.

That his Excellency the Governor, be and he is hereby authorized and required, with all the powers and means placed at his command by the Constitution and laws of this State to resist and repel any and every invasion, from whatever direction it may come, upon the administration of the Criminal laws of this State.