Thank you for visiting SNEWPapers!

Sign up free
Page thumbnail for The Arkansas Advocate
Domestic News January 2, 1835

The Arkansas Advocate

Little Rock, Pulaski County, Arkansas

What is this article about?

Georgia's legislature adopts resolutions defying a U.S. Supreme Court citation, nullifying treaties and laws to enforce state criminal jurisdiction, particularly in the case of murderer James Graves in Murray County, amid Cherokee Circuit tensions. Resolutions pass with strong majorities in House and Senate.

Clipping

OCR Quality

95% Excellent

Full Text

Deferred Articles.

GEORGIA NULLIFICATION.

This state has recently gone in favor of
Gen. Jackson—and, perhaps, presuming
on favorable impressions thus made upon
the National Executive, the state now boldly
assumes to nullify existing treaties and
laws. We shall see whether Georgia nullification will escape executive vengeance,
or be subjected to the rigid enactments and
the warlike preparations directed against
South Carolina. We hope that the President will not make fish of one and flesh of
the other.—Chronicle.

From the Augusta (Ga.) Transcript.

Legislature of Georgia.—The following are the resolutions of the majority of
the committee on the state of the republic,
on the citation from the Supreme Court,
accompanying their report:-

Resolved, That they view with feelings
of deep regret, another attempt to interfere
with the administration of the criminal laws
of this state, by the use of the process of
the Supreme Court of the United States.

Resolved, That the right to punish the
perpetrators of crimes committed within
the jurisdiction and chartered limits of the
State, is one of those residuary rights, the
exercise of which is of vital importance to
the domestic peace and internal economy
of such State, and the practical operation
of which can in no wise conflict with the
essential right or interest of her co-states.

Resolved, That his excellency the governor be, and he is hereby requested to
communicate by express to the Sheriff of
Murray county, the determination of this
State to enforce her criminal laws: and that
such orders be issued by him to that officer,
as will ensure the execution of the laws in
the case of James Graves, convicted of
murder.

Resolved, That the sheriff of said county
be, and he is hereby authorized and empowered to employ a guard of armed men,
if he shall deem the same necessary, to
carry into execution the said sentence.

Resolved, That his excellency the governor, and all other officers of this State be,
and they are hereby required to avoid any
step by which the State of Georgia may be
made a party to the case to be made before
the supreme court of the United States by
the said process of citation.

A counter report was presented by the
minority, for even the resolutions accompanying which we have not room—they quote
the Virginia and Kentucky resolutions, and
close with the following.

And whereas, the said treaties, and
said 25th section of the act of 1789, so far
as relates to the authority vested in the Supreme Court of the U. States, to grant citations for arresting the criminal laws of this
State or depriving this State of the right of
extending her laws to her constitutional limits; and exercising complete jurisdiction
over the same; and punishing the violations
thereof; this Legislature declares to be unconstitutional, inoperative, null and void.

And whereas, the Sheriff of the county
of Murray, in the execution of sentence pronounced against the said James Graves,
will violate, and that by the direction of this
Legislature, the mandate of the Supreme
Court of the United States—for his protection.

Be it resolved, That this Legislature
will during its session pass a law for his
protection and security.

On Friday, the resolutions on the citation of the Superior Court were under debate until 5 o'clock P. M.

The select committee, to whom was referred the memorial of the citizens of the
Cherokee Circuit, have presented a report,
closing with resolutions, that Judge Hooper be requested to resign, or if not that he
be pleased to furnish his reasons for the
further action of the committee.

The resolutions of the majority of the
committee on the state of the republic (quoted above) and the preamble, were adopted in the House of Representatives, on Saturday, yeas 116, nays 28. In the Senate
the same were adopted, yeas 75, nays 2.

What sub-type of article is it?

Politics Legal Or Court Indian Affairs

What keywords are associated?

Georgia Nullification Supreme Court Citation James Graves Murder Cherokee Circuit State Resolutions Legislative Debate

What entities or persons were involved?

Gen. Jackson James Graves Judge Hooper Sheriff Of Murray County Governor

Where did it happen?

Georgia

Domestic News Details

Primary Location

Georgia

Event Date

Recently, Friday, Saturday During Legislative Session

Key Persons

Gen. Jackson James Graves Judge Hooper Sheriff Of Murray County Governor

Outcome

resolutions adopted in house (yeas 116, nays 28) and senate (yeas 75, nays 2); minority counter-report presented; committee report on cherokee circuit memorial requests judge hooper to resign or explain.

Event Details

Georgia legislature debates and adopts majority resolutions regretting Supreme Court interference in state criminal laws, asserting state rights to punish crimes like the murder conviction of James Graves, instructing governor and sheriff to enforce laws and avoid federal court involvement, amid nullification of treaties and laws; minority report declares federal acts unconstitutional and plans protection for sheriff; separate committee addresses Cherokee Circuit memorial targeting Judge Hooper.

Are you sure?