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Chisholm, Ex'r. versus Georgia U.S. 419 (1793)

handle is hein.slavery/ussccases0066 and id is 1 raw text is: SuPRund,. COURT of ht UnitedSates. to whom it belongs. We fhall, therefore, continue the in-. 793. jundion'till the next Term ; when, however, if Georgia has 'nor inflituted her affion at common law, it will be diffolved.* CHISHOLm, Jx'r. iverfis. GEORGIA, r-PtlS affion was. inflituted in Aigrit Torm, t 79,. Oft the i ith of 7tdy, 1792, the Marfhall for the diftri& of Georgia made the following return -Executed as within com- manded, that is to fay, ferved a copy thereof on, his excellen- cy Edward Telfair, Efq. Governor, of the State of Georgia, und one other copy on Tomas P. Garnes, Efq,. the Attorney General of laid State.- c RoBERT Foasyrn, Madhall. Upon which Mr. Randolph the Attorney General of the United States, as counfel for; the plaintiff, made the following motion on the i ith of Autgtft, 179z. cc That unlefs the State of Georgia, fball, after reafonable previous notice of this *mo- tion, caufe an appearance to be entered, in behalf of the faid• State, on the fourth day of the next Term, or fhall then {hew caufe to the contrary, judgment fhall be entered againft the faid State, and a writ of enquiry of damages fliall be awarded.- But to avoid every appearance of precipitancy, and to give the State time to deliberate on the meafures fhe ought to adopt,- on, molion of Mr. Randolph, it was ordered by the Court,. that the-- confideration of this motion fhould be poftponed to the prefent Term. And now Ingeroll, and Dallas, prefented to the Court. a written remonftrance and proteftation on, behalf of the State,, -igainft the exercife of jurifdiaion in the caufe ; but, in, con-- fequence of pofitive inftru&ions, they declined taking any part' in arguing the queftion. The Attorney General,. therefore,. proceeded as follows.. Randolph, for the plaintiff. I did not want the remonifrance of Georgia, to fatisfy me, that the motion, which I have made is unpopular. Before that remonftrance was read, I had learnt from the als of another State, whofe will muft be always dear to me, that fhe too condemned it. On ordinary occiafions, thdfe dignified opinions might influence me greatly i but oa Ggg 2 this ; An amicabe action was accordingly entered and tried at the bar of the Supreme Court, in February Term 1794, (see 3 Vol. P. x.) when a verdict was given for the Defendant (Brailsfort) and th-Ili. unctlea was, of courfe, diffolved.

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