1793.
to whom it belongs. We shall, therefore, continue the injunction ’till the next Term; when, however, if Georgia has not instituted her action at common law, it will be dissolved.[1]
Chisolm, Ex’r. versus Georgia
This action was instituted in August Term, 1792. On the 11th of July, the Marshall for the district of Georgia made the following return: “Executed as within commanded, that is to say, served a copy thereof on his excellency Edward Telfair, Esq. Governor of the State of Georgia, and one other copy on Thomas P. Carnes, Esq. the Attorney General of said State.”
Upon which Mr. Randolph, the Attorney General of the United States, as counsel for the plaintiff, made the following motion on the 11th of August, 1792. “That unless the State of Georgia, shall, after reasonable previous notice of this motion, cause an appearance to be entered, in behalf of the said State, on the fourth day of the next Term, or shall then shew cause to the contrary, judgment shall be entered against the said State, and a writ of enquiry of damages shall be awarded.” But to avoid every appearance of precipitancy, and to give the State time to deliberate on the measures she ought to adopt, on motion of Mr. Randolph, it was ordered by the Court, that the consideration of this motion should be postponed to the present Term. And now Ingersoll, and Dallas, presented to the Court a written remonstrance and protestation on behalf of the State, against the exercise of jurisdiction in the cause; but, in consequence of positive instructions, they declined taking any part in arguing the question. The Attorney General, therefore, proceeded as follows.
Randolph, for the plaintiff.I did not want the remonstrance of Georgia, to satisfy me, that the motion, which I have made is unpopular. Before that remonstrance was read, I had learnt from the acts of another State, whose will must be always dear to me, that she too condemned it. On ordinary occasions, these dignified opinions might influence me greatly; but on- ↑ An amicable action was accordingly entered and tried at the bar of the Supreme Court, in February Term 1794, (see 3 Vol. p. 1.) when a verdict was given for the Defendant (Brailsford) and the injunction was, of course, dissolved.
