Gazette Of The United States, & Philadelphia Daily Advertiser

GEORGIA.
The State vs. Swilly.
The same vs. James M'Kenzie.
The defendants were bound over to appear at this term, upon a charge of passing counterfeit bank notes of the United States.
Before the grand jury was discharged, the solicitor-general stated to the court, that he had doubts of the propriety of proceeding in the state court; and that those doubts were founded upon a two fold principle. 1st. Whether it was not an offence more properly cognizable by the federal jurisdiction; and, 2dly, the difficulty of ascertaining the counterfeit by any adequate testimony in the possession of the state officers: he, therefore, prayed the direction of the court.
Upon this, counsel rose for the defendants, and urged the exercise of the state jurisdiction; upon the ground, that the privilege of the defendants was the right of being tried by their peers; and moreover that it was not good policy in the state jurisdiction to diminish its own, by surrendering any part of it to that of the federal.
The court said; this is an offence against the United States, the legislature of which had enacted laws giving to their tribunals power to punish: it is, therefore, more properly cognizable in them. It is more so, on account of the mock trial which might take place here, according to the suggestion.
Without assuming the guilt of the defendants, the crime charged is of the most heinous nature: It strikes at the root of commerce, of public credit, and of confidence.
The charge ought, therefore, to be inquired into, where justice is most likely to be obtained by the community, as well as by the individuals. That will be in the circuit court at Savannah, where juries of their peers will pass upon them, as well as they would here.
As to the policy of the thing, this court is governed by law; and has nothing to do with the policy of measures. It views the general government as the aggregate and supreme power of the union; and of which this state is an integral part. It views it as the bulwark, the strength, and the safety of all the states, and the people thereof.
The officers of the state governments are not only bound by the constitution of the union, and of the states, to support the general government: but they have taken oath to do so. Supporting the constitution and laws of the United States, is therefore supporting the constitution and laws of this state; and the harmony of both would be disturbed by fostering these jealousies.
But, assuming the question upon political ground, for a moment, the inference would be the same, and equally palpable. Our agriculture invites and creates commerce; both produce wealth to the individual, and to the state. Bank paper is a light, portable and useful representative of the specie depositories of the large cities in the Union.
Our ancestors, and ourselves, have found it a most convenient medium in trade. To suffer it to lose its worth, by a want of a due execution of the laws; would, therefore, be the worst of policy.
Let the defendants be recognized to appear at the next Circuit court at Savannah, principals in 1000 dollars; and two securities in 500 each And in failure thereof be committed to jail; and the sheriff apply to the commanding officer of the militia for a sufficient guard to carry them before the federal judge of this district.