The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Two years later, Rev. Mr. Worcester, a missionary who had gone to
teach the Christian religion to the Cherokees, was convicted in
the Superior Court of Gwinnet County on an indictment for
residing among them without a license from the State, and sent to
the State prison. He appealed to the Supreme Court of the United
States, which decided that Georgia had no jurisdiction over the
Cherokee reservation, and could not require such licenses. The
judgment against him was therefore reversed, and an order made
"that all proceedings on the said indictment do forever surcease;
and that the said Samuel A. Worcester be and hereby is henceforth
dismissed therefrom, and that he go thereof quit without day, and
that a special mandate do go from this court to the said Superior
Court to carry the judgment into execution."[Footnote: Worcester
_v._ Georgia, 6 Peters' Reports, 515, 596.] The Superior
Court of Gwinnet County paid no respect to this mandate; the
Governor of Georgia characterized it as an attempt at usurpation
which he should meet in a spirit of determined resistance; and
Worcester remained in prison until, on expressing his willingness
to abandon any further efforts for his discharge by authority of
the judgment on his writ of error, the Governor gave him a pardon
on condition of his leaving the State.
A year later, James Grady, who lay under a sentence of death
under proceedings similar to those in Tassel's case, like him
obtained a writ of error from the Supreme Court of the United
States and had it served on the Georgia court, only to find it
disregarded. His execution, in spite of the _"supersedeas"_
which goes by law with every such suit, was the last of this
series of judicial outrages.[Footnote: "Georgia and State
Rights," 83.]
It was unfortunate for the sufferers in these proceedings that
they took place at a time when the cry of "State Rights" was
particularly loud and general in the South. South Carolina had
been quieted with difficulty by Jackson's action in regard to her
nullification ordinance, and he did not wish to go farther than
he thought it necessary in insisting on the supremacy of the
United States.
Since the Civil War, such defiance by a State of the authority of
the Supreme Court of the United States has been unknown and would
be almost inconceivable. The absolute right of the Supreme Court
of the United States to pronounce finally, so far as the States
are concerned, upon every question brought before it as to the
meaning and effect of the national Constitution, has come to be
universally acknowledged.
Public-domain text, read in full here on John Shaqi.
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