Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-02-01

",
the judicial power OF the u. States, as con-
ira distinguished from that OF the several
States, aud as vested in the Supreme
Court, And the lnfe rior Courts To be By
e ng es, estab shed. lis consistent with
eve rule OF fSir construction, to trans
plant the WORDS 4. Of the Cnited STAKES"
from the first section, into the second, and,
thus transplautet. every possible pretenCe
is done away, tliat the clause just rccited
any more relates to the judicial power of
the several states, than does the clause inn
mediately preceding it, which is EXPRESSLY
confined to the judicial power Of :. The u
nitci Safes" The same inference would
result on < neral principles for the gene
raj words OF a Constitution, are to be APP
piled to its own institutions, in exclusion of
those of another government. This con-,
struction, too, by keeping aloof from the
State Jurisdictions, will keep up and per-
feet the symmetry between This and every
other part of the Consultation, as l have
already atteu; ted 70 shew and be in
perfect un sonwieh the principles that each
government coatsmpla,es, and only con-
templates its own judiciary, and that the
operationsof the general government are
in this, rs in other lses, distinct from those
of the States. and are neither dependent
Oh, nor in-erm;pgIed with them.
Ii is here To b remarked, that the Judi
cial power of the u. s. is to be deternined
by the suit or action being proper for the
cognizance of their Courts, ana being ac-
tually instituted or brought therein. If
brought or Instituted in the Courts of ano-
ther government. though they may involve
the construction of the constitution, laws or
treaties Of .he u. S. they form part of
tne judicial power of that goveroment, and
not OF that of the u. States. On any other
hypothesis, the judicial power of the u.
:. would be co-eXtensive with the limits CT
the world. on the principle that the lee 10
CT prevails every where, in the case OF con-
tracts
This Judicial power is to " extend to" all
cases SIC. It is here proper to recollect,
that the government of the confederation
had, also, Court or Courts but they had
cnly a very narrow or limited jurisdiction,
(sl and it was the object of the constitu
ton, to extend the jurisdiction of the fede-
raj courts, to be then established, beyond
that of those which before existed. This
word " extend" is fully satisfied. by being
confined to the Courts ofthe u. States, al
though the Courts OF other Governments,
should also have jurisdiction over the
same subjects. The word, according to the
best photographers, means to widen or
enlarge I; 90 it has no sense, which goes
70 the exclusion of another jurisdiction
Bat for the previously limited jurisdiction Of
the Federal Courts, and which it was the
object of this article to enlarge or ex-
tend" the phraseolosy would probably have
been, that the Courts of the u. States shall
" hare Jurisdiction n'' all cases, &c. Had
this form Of expression been used. no doubt
could possibly have existed, but that the
jurisdiction of the Courts of tbs States,
wcu!t have been left untouched. So if the
ampliied and varied form of expression be-
fore mentioned, had been used, M meiy :;
that the judicial power Of the United
States" which is vested in one Supreme
Con,t, & such inferior courts as Congress
may establish, & which Courts shall haUe
5lt1is1icfiou in all cases i'll law & equity, &c
no scntilla of doubt could possibly have re
manned, but that the clause would have
peen confined to the jurisdiction OF the Fe-
teral Courts, in exclusion TO that of the
State Courts.
But it is argued. thatthe power is gained
10 the Supreme Court, to control the iudg-
ments of the State Courts. under the second
clause of tie second section of the third ar
ticIe of the constitution, which says, that
90 in All the other cases before meotionetl,' -
1.-TWO classes being excepted. in which the
Supreme Court is declared to have origi-
mai jurisdiction, " the Supreme Court hall
have appellate jurisdiction, both as to law
and fact, with such exceptions, and under
such regulations as Congress shall make"
Having endeavored to shew, as above, that
the first and third clauses of this section,
relate exclusively to the Jurisdiction of the
ederal Courts, and do not extend TO that
of the State Courts having, also. endea-
vored TO shew, that every other part Of the
original constitution, and its amendments,
is subject to the same restriction, it would
seem 10 be a reasonable inference that this
last and solitary clause should receive a
similar construction. The general princi-
pie is, that constitution settles the powers
and arranges the Jurisdiction of its own
Courts, * not those of anotherg government !;
and although the convention had the power
to affect, also, those of the states, this prin-
ciplc will still prevail, unless it clearly and
Iegitimately appears to have been intended
60 be abandoned. The question then re-
ours, under the actual provisions of the con
stitution, was that instrument hee setting
the jurisdiction of its own Courts, or those
tf a different government
In order to eIude the force CT the princi-
pie just mentioned, it is contended that the
Courts Of the several States are to be con
sidered quad this case, as Courts of the II.
$. They are said to be, more emphatically
when considered in relation to the Courts
of the VI. s.; 'Iiarts Of one 1vhoie ;" az that
IS, that Trey are qftoad the case before us, a
part OF the Courts of the n. States. They
b-Cuuc so, under the provisions of the ju-
Il. l. a