The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The appellate jurisdiction of the Supreme Court of the United
States over States is large, for the State is the party in whose
name all criminal prosecutions in its courts are brought, and in
many of these the defendant sets up some claim under the laws of
the United States which is overruled.
Here again, in case of resistance, it would be difficult to
enforce a judgment of reversal.
Shortly before the action of the Cherokee Nation for an
injunction, the Georgia courts had sentenced Corn Tassel, one of
the tribe, to death for murdering another of them. Tassel had
claimed that by the laws of the United States and their treaty
with his nation he could only be prosecuted before one of his
tribal courts. He obtained a writ of error from the Supreme
Court to review his case on this ground. It was served, but
before it could be heard the day set for his execution had
arrived. By the laws of the United States the allowance of the
writ of error superseded the sentence until the appeal should be
decided. The Governor laid the matter before the legislature,
saying that he did not propose to regard any orders from the
Supreme Court interfering with those of Georgia courts, and
should resist any attempt to enforce them with all the forces at
his command. The legislature approved his position,[Footnote:
U. B. Phillips, "Georgia and State Rights," Report of American
Historical Association for 1901, II, 77.] and Tassel was hanged
on the day originally set.[Footnote: "Memoirs of William Wirt,"
II, 291.] There had been no time to resort again to the Supreme
Court for relief, and as soon as he was dead his writ of error
fell with him, for such a proceeding is legally terminated if the
plaintiff in error dies.
Public-domain text, read in full here on John Shaqi.
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