Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1815-12-07

rraiDSe HOSE, a retail (SaiSr III frOG0.S, exc. 10
recover the penalties prescribed by the act
for selling without license, in the Superior
Court CT Law for Harrson county, that be-
ing court organized by and acting under
the authority OF The laws Of Virginia, and
the cause of action having accrued more
than SO miles from the pi &C where the
District Court Of the U. S. holds its sessions
in Virginia. To the declara ion the de-
fendanr demurrcd, and the Sup r'or court
of Harrison adjourned TO the General cnurt
the question. whether the court ought to
eotertain iurisdictiln OF the III tier in con-
,troversy
It seems to &c a clear position, that (by
tie co1iity OF nati,ns) in tlc case of pc
al contracts, the law OF the country in
which the contract is MADE, gives he rule
by which the contract viii be construed,
and its obligation enforced, in the courts of
every other country. The courts OF Virgil
MIA arr therefore open in a. So h cases to
enforce the avs If any other sovereign
state. Whether the cont'a ct be made in
England, France, or in any of our Sister
States, our courts will always entertain ju-
risdction OF il, and decide by the law of the
country where it is made.-in Ike man
ner. in actions brought in breaches e con-
tract, whether the plsintiff be 4 stranger
or a citizen, 4 natural person, or a .oorpo
ration, or n sovereign state, our courts will
oacide their causes when properly brought
hcfore them. y debt due by resident of
Virginia to eithr Of our Sister States, orto
the United States, may be recovered in our
courts.
1t seems to be equally clear, that the
57e'iai laws Of one Sovereign State cannot be
enforced in the Courts Of any other Sove-
reign State. The Comfy Of nations DIES
not xten nd so far.
fNnef.s n no W. ruPc.:N-c tIRr, N no
sidered in this case.--lst. Is this fen0i
Lazp uoder which the defendant is prose
cuted 2nd. If it is, then the important
question arises, whether the peual laws of
the y. S. can be enforced in the courts of
the several states, or whether there is any
difference, in this respect. between these
penal laws, and those OF any other sove-
reignty ?
As 70 the first question, there can be 1T
tie doubt. The Act in question prescifbes
4 RUE for ceI tain classes of citizens: The
violation of that rule constitutes an offence.
and q Punishment is prescribed for the of
fencc. The foena hecuniara is strictly
punishment. as well as the foc1d corh0ra-
Gs. The form of the prosecution in this
case, makes no difference, although the
plaintiff charges that the defendant owes
him a certain sum Of money, yet he also
siiews by his declaration that this debt was
incurred in consequence Of the deten iant's
having c lnmitted an ofieuce agai. st the
law. Although in point of. form, he sues
for debt, the action is in substance bro't
to recover a heHGlty.
1t has been said that this was an action
on contract, because it is breach If the
original cnntra httWecp The whole SCcie-
" and each Of Us members for By that
contract, each li-on bou hiloself to
submit to su h laws as h. legl stature
shall constitutiona'ly enact, * - Il the vio-
laton of such laws .swasa violation Of his o.
rigindl contract fov which he might be pro-
cut Uron i'll re ground, a II ef or
a murderer mayb sad to BE- pros cuied
on contr ct b caus' ca Ii # hem has vi
ol,'ed his contract with society. Az In
dicts1ent against them can hardly be cal
led an action on a cOntract-Thisa rgu-
Inent is too far fetched to deserve ? mo
rents consideration.
The first question then being DISPOSED Of,
the next inquiry s, whether the STATE
Courts have q ght, or are bound BY duty o
execute this Penal law OF the IT, st t-s'
A'nis depends on the relation in which the
several states and towards the u. Stat
and this relation is ascertained by the
Constitution of the u. S.--The first section
q he third arti lie is thus expressed -
" he ju icial power of lie United States
g shad Be vested in one Supreme Court,
and IN su h Inferior Courts as the Con
"gress nay from time to tim, ordain and
6 est blish. The Judges, both of the Su-
"preme and Inferior Courts, shalt hold
their Offices during goad behavior, and
shall, at stated times, receive for their
services, compensation which shall not
" be diminished during their continuance in
" Off e."
The first remark which it may be pro-
per to make is, that an entire separation
seems to be contemplated between the er-
ercise of the judicial power of the u. 5. &
the judici power of the several states
The United States form one sovereignty,
the several states form others.-The
Courts of the u. St ties are author zed to
exercise the e" judicial powers" of the u. s..
but cannot exercise the Judicial power
OF the several states. 1t is true that the ju-
dicial power of the u. S. extends 10y the
j 2dSec.) to several subjects 90 which their
legislative power does not eXteld but It
Cannot extend beyond those subjects 70
which it is expressly imite1 by the Con-
3 stitution. The state courts, on the other
3 hand, cannot exercise those powers which
4 peculiarly and Exclusively b. long to the u
,. 10 not mean to say that the state
Courts are erciuded by the Constitution
from all the subjects Of jur ction. 10
which the judicial power Of the u. 5. ex-
= tends on the contrary, as negative words,
or words Of exclusion are not used, in the
"a Sec. Of the 81 Art. it would seem that