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Domestic News January 8, 1831

Providence Patriot, Columbian Phenix

Providence, Providence County, Rhode Island

What is this article about?

Tensions rise in Georgia over a conflict between the state and the US Supreme Court regarding a Cherokee Indian convicted of murder. Chief Justice Marshall issues a writ of error, but Georgia's legislature rejects it, resolves to disregard the mandate, and orders the execution to proceed.

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Full Text

The United States Supreme Court and the State of Georgia. Considerable excitement has prevailed in this vicinity since the reception of the news of a rupture between the State of Georgia, and the Supreme Court of the United States, concerning a Cherokee Indian, lately found guilty of murder, and sentenced by the State of Georgia to be hung—Chief Justice Marshall having issued a writ of error, and cited the State of Georgia to appear before the Supreme Court at Washington, and show cause why judgment against the said Indian, should not be corrected. On the receipt of Judge Marshall's communication, the Governor transmitted it to the legislature, then in session, where it excited much surprise, and was by many thought to be spurious. It was, however, referred to a committee, which subsequently reported in the shape of resolutions, "that we view with deep regret the interference by the Chief Justice in the administration of the criminal laws of this state," that we disregard any & every mandate of this character; and that "the Governor be authorised and required, with all the force at his command, to repel every invasion upon the administration of the criminal laws of this State;" that "this State will not so far compromise her dignity as to appear as a party" in the case in question, and that the sheriff of Hall County, be ordered to proceed in the execution of the Indian.

This report was adopted by the house, and agreed to by the Senate, and thus the matter stands.

What sub-type of article is it?

Legal Or Court Politics Indian Affairs

What keywords are associated?

Georgia Supreme Court Cherokee Indian Writ Of Error Murder Conviction State Defiance Legislature Resolutions

What entities or persons were involved?

Chief Justice Marshall Governor Cherokee Indian

Where did it happen?

Georgia

Domestic News Details

Primary Location

Georgia

Key Persons

Chief Justice Marshall Governor Cherokee Indian

Outcome

cherokee indian sentenced to be hung; georgia orders execution to proceed despite supreme court writ.

Event Details

Rupture between State of Georgia and US Supreme Court over Cherokee Indian convicted of murder. Chief Justice Marshall issues writ of error citing Georgia to appear in court. Governor transmits to legislature, which adopts resolutions disregarding the mandate, authorizing governor to repel interference, refusing to appear as party, and ordering sheriff of Hall County to execute the Indian.

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