A Vindication of the Recent and Prevailing Policy of the State of Georgia, Both in Reference to Its Internal Affairs, and Its Relations with the General Government, in Two Series of Essays, Originally Published in the "Columbian Centinel" Under the Signature of "Atticus".: To which is Now Prefixed a 'prefatory Address'

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O.P. Shaw, 1827 - 82 páginas
 

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Página 53 - That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
Página 53 - Government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting that compact ; as no farther valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable and dangerous exercise of other powers not granted by the said compact, the states who are parties thereto have the right, and are in duty bound to interpose for arresting...
Página 53 - Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a General Government for special purposes, delegated to that Government certain definite powers, reserving each State to itself, the residuary mass of right to their own...
Página 69 - The jurisdiction ought in every instance to belong to the respective states within the charter or determined limits of which such lands may be seated; but reason and justice must decide, that the property which existed in the crown of Great Britain, previous to the present revolution, ought now to belong to the congress, in trust for the use and benefit of the United States.
Página 68 - ... well and truly to hear and determine the matter in question, according to the best of his judgment, without favour affection or hope of reward:" provided also that no state shall be deprived of territory for the- benefit of the united states.
Página 61 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Página 63 - States; subject, however, to such alterations and additions as the said courts, respectively, shall, in their discretion, deem expedient, or to such regulations as the supreme court of the United States shall think proper, from time to time, by rule, to prescribe to any circuit or district court concerning the same...
Página 50 - Resolved therefore, That the General Assembly of this Colony have the only and sole exclusive right and power to lay taxes and impositions upon the inhabitants of this Colony, and that every attempt to vest such power in any person or persons whatsoever other than the General Assembly aforesaid has a manifest tendency to destroy British as well as American freedom.
Página 67 - Regulating the trade and managing all affairs with the Indians, not members of any of the states; provided that the legislative right of any state within its own limits be not infringed or violated...
Página 53 - ... in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are the parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights, and liberties appertaining to them...

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