The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-04-14


or sense OF justice in the country.
The issue is. in fact. come to this, whether
the constitution of the u. States is to remain
in force or become dead letter.
A great deal of sensibility has been affect
eddy excited by the hypothetical proposition
for an amendment to the constitution, by our
correspondent, LucIAN-the sagacity Of our
correspondent has cast satire OH folly,
which is most instructive--since it deve-
iopes this singular contrast
Men are found ready 10 SUPPORT an our
rage on the national constitutional i0Su, 6y
force 0ndfhe, bayonet--to make the miAforU
suherfor to the civit authority.
Zhe same men affect to be alarmed at the
discussion of an Hypothetical amendment;
with only suggesting the legal and constitu-
tional mode OF an amendment:
The question of Oimstead's case is no Ion
ger one depending OIL mere matter of evil
dence as TO fact-it has nothing now to do
with what the lawyers did, or the courts did,
or the juries did. or the evidence of interest
ed parties said so years ago; it is now a
question not whether it is cruelty or human
ity, justice or injustice to Olmstead-whe-
thsr. the state law of 1905 was an innocent,
Or an ignorant, or an outrageous act-whe-
ther twas a caprice of M'Kean to annoy
lawyer Lewis-or a trick of the lawyers to
Increase the quantity of litigation and their
fees-it is not whether the amiable women
whose peace and comfort has been sported
with for fortnight, are to be dragged to a
prison, or whether pragmatic ignorance
shall obtain place from governor for sup
porting him in the wrong.
/. The plain question now is-shoH the lars
qfthe uniopbc violated or naintained2
We have heard much talk about the indie
hemdence efthe Judiciary, from those who
wish to create tyranny under the name of
that ndependence-andb by others who knew
not what they themselves meant. But here
lisa point at which the independence of the
judiciary, in its strict and constitutional sense
exists, and demands to be supported and
maintained, and in which it must be main
taipcd, or there is an end to government.
1t is not the cold SOW eating up the litter
OF pigs" which Fenno predicted; but the
pigs eating up the old sow; Massachusetts,
only about third or fourth in size of the lit
ter, grunted little, and set the 7yise men of
congress into the panics, but here Pennsyl-
vania displays her tusks, and threatens to
ripup her bowels.
these doings cannot go on--the essays of
parties written in newspapers thirty years
ago, the evidence or the allegation of men
VINO received Il part vi the spoil illegally torn
from the proper captors at the time. the evil
dence of the British crew captured, at the
greater validity than the decisions of the
court established from its own members, by
the most virtuous assemblage of men that,
perhaps, ever met together, the old Con-
yress these things are. all brought forth
now III vain, to prop up error and to mask
the imbecility which has plunged the state
into its present perplexity.
he case stands upon the constitution of
the United States altogether-and may
be very briefly addressed;to the understand
ing OF every man in the few following SEN
fences.
The case of Olmstead was carried into
the supreme court in legal form-and after
having been previously investigated and de-
cided upon in the district Court
lhe supreme court has jurisdiction of
" all cases in law and. equity, arising under
the constitution, the laws of the u. States,
and treaties made, or which shall be made,
under their authority; to all cases affecting
ambassadors, other public ministers and
consuls; to 9Hcases Of admiralty and ma
:" 1zttte jurisdiction; to controversies to
a. which the United States shall be party !:
to controversies between two or more
states between state and citizens of a.
Mother state; between citizens of the same
state Claiming lands under grants of diff
ferent states," see criticize III. sect.on 9.
Inc powers of the supreme court are laid
down In the law Of the u. S. of Sept 1899,
section XIII. corresponding with the powers
rcclted III the constitution which clause
states. that" The lsuhrene court shall
g haUe affteilate jurisdiction from The cir
" enit courts, and courts ofthe seperaistates,
IN the cases herein provided for"
The district courts have Jurisdiction In adj
Tnlralty cases as in the constitution
lhe supreme court issues no execution on
It's own DEGREES in matters of appeal, bnt
sends special mandate to the inferior court
to award execution. -
Now the decree of the supreme court IS
issued and the Inferior court has obeyed the
law of the u States.
WIN the parties who have obeyed the man
oates OF the governor submit, or resist--or
suGde the lay of tile u. States,
LII they are are sted, or ifthey submit can
the state executive extricate,them for force
is ridiculous-and the ordering and the ap
pearance of it at the best, was ridiculous in
the beginning and in the state it has arri-
yea at, preposterousy ridiculous. No wise
man ever undertook what there was mo-
raj Impossibifity Of his ever ACCOMPLISHING
---zcfeTe are we nozv
1t may be said, the advisers of Mr.. Sny-
Ger were either very stuhid, or very feno-
1aTF or very rpicked---but mis- advisers
escaped behind tho curtain, and those who
lnder a sense of duty obey their orders, are
the unfortunate victims of their imbecility.
their folly or their wickedness.
IN t,tk1 - A.