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

JuG1sNiCtion on those subjects which fccuf-
arty and e.rclwsfveiy belong to the Courts
OF the u. States
The power OF expounding and enforcing
the penal laws of a sovereign state belongs.
exclusively to the courts of that state; it
cannot be required OK the courts of another
state to enforce them. The u. States form
one Sovereign state, for certain purposes,
which are expressed in the constitutions
They have right. within certain limits. and
Tor certain definite objects, TO form crimi-
nal code. They Cannot require Of the sep
ar tie states, which are also sovereign, t.
eX?onnd and enforce that code, unless the
constitution itself requires il of them. The
courts OF the several states before the exist
ence OF this constitution had not the power
oil carrying into effect the penal laws of any
ether country CT sovereignty. If they have
tier fore. the power al this Time of carrying
INTO effect the penal laws OF Congress, that
power must be given to ther. by the consti-
tuition of the u. Stat s.
l cannot discern any such power confer.
red on the state courts by the constitution.
On the contrary the judicial pow en- OF the
y. >. IS vested IN one supreme court, and III
such inferior courts as Cong ess may from
un'e TO time " ordain and establish" Can
1t possibly be said that the Congress have
ordained and established the state courts !,
he act OF comforting additional power on
them, cr Of Increasing their business, does
not or1tGiR and establish them. They are
ord ired and established BY the state legis-
latures under the authority of the state
constitution. and are entrcly indcpenden
ot Congress. The state courts hold their
Comm ssions and authority entirely from
the state governments, and to their own
states are exclusively responsible. Ii
state Judge were To III sbehave in his Caice,
even in the exercise of powers conferred
on hun by CongrC S.. he could not be i'm
pcache d bv the House cf K present tives
Of the u. :. before any tribunal whatever,
nor could he DC tried OF removed from Of
ice by tie Senate of the u. S.-On what
possible ggound then, can it be sa Il that
state court IS :" ordained and established"
by Congress, when it is neither commits
stoned, appointed or organ zed by Congress,
and Is not responsible to the u, 5. for any
OF its acts, however wicked they may be
The judges OF the supreme and inferior
courts shall hold their Offices during good
nehaviour' The tenure Of the
OH es ct the state judges is regulated
by the { Institution and laws of the several
states. Ia Virginia, the judges hold during
good behavior, but III some other states they
Z,
did not hold them by that tenure { the
time cf the adopto. of the Constitution.
IN some OF the stat $ they ar, elected for
limited period, and in otrers they are re-
movable by vote of the les stature with
out a trial.
The Judges " shall at stated times re-
ce've foi their services a compensa ton,
".&c." Certainly the state judges never
have re- cived from Congress any compen-
sation whatever for any service which they
m y have ssked hen to perform, nor can
they, on any occasion, receive any. Ii
woula b. a deatk-6Lozv to their indepen-
denre as state judges, IF, indeed, they were
capable Of rec ivng it.
q the whole then, it seems very clear
that, arcura'ng 70 tn Constitution Of the
OnlGSd States, the pc fer of enforcing the
peuaI VS. Of Congr SIS cannot be exercised
~ the JUDGES CT Courts Of the several
Statf S. II ,hey uld, those JUICES would
t que tly be piacsd in very sin ular stu
alton. W ny ac's VIII CHI are irnoc ut un-
er the ! ws OF he s verai States are pro-
hbtcd by the laws of Congress. With
wat propri y Can the st tie u SIS b. cal
ed on - puG.sH men for those acts?
/ is is the SEQ d time that tn s question
has b zen dec dod by tie General Court,
the highest criminal tribunal in this State
In The November germ 1873 ~ the case IF
John Freely, who was Gu re- W tn a mis-
enc .nor, uncer the Post Office Jaw OF l.
u >. III stealing from The Mail of the u,
y. three pacEages, containing articles If
vaue, it was d Jed by the Court, unaui-
| mous.y, that IS the fence was Gre tied by
IN Act Of Congre $, ire St,te Courts IL We
no jurisdiction of it-Sothat 1T now SEEMS
to b co.clusively settled III Virginia, that
ouT Courts 7viUHat enf1rce tie renal azvs
IF Congress.