Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-04-13
JUDICLaL OPINION.

The Supreme Csurt, at its late term. pro-
nsunced An opinion on the case involving
the question OF TIE jurisdiction of the Fee
deral Courts over those of the States.
arising out of the refusal ofthc Courts of
Virg'a to recognize the authority OF the
Supreme Court, in the case heretofore
noticed in this paper. On this impor-
tant constitutional question, we have been
obliged with a copy of the opinion of
Judge JOHNSTON, delivered from the
Bench of the Supreme Court, and take
the first opportunity of laying it before
our readers Nat. Int.
MARTINI
Us.
FAIRFAx.O
1t VIII be observed in this case, that the
Court d savows all intention to decide ON
the right to issue mandamus to the State
Courts; thus leaving us, in my opinion.
where the constitution places us-supreme
over persons and cases, as far as our Judi
cial power extends, but not asserting a.
ny compulsory control over the State tribu-
nails.
In this view, l acquiesce in their deci-
sion, but not altogether in the reasoning or
opinion of my brother who delivered it,
Few minds are accustomed to the sa.ne ha-
bit of thinking, and our conclusions are
most satisfactory TO ourselves, when arriv-
ed at in our own way.
have another reason for expressing nv
opinion on this occasion. / visw this ques.
ton as one of the most momentous inpor-
lance; as orc which may affect in its con-
sequences, the permanence of the Ameri-
can Union. 1t presents an instance of col
iislon between the judicial powers of the
union, and one of the greatest states in the
union, OH point the most delicate and diff
hcult to be adjusted. On the one hand
the general government must cease to ex-
list whenever it loses the power of protec
ting itself in the exercise of its constitution
al powers. Force, which acts upon the
physical powers of man, or judicial pro-
cess, which addresses itself TO his moral
principles or his fears, are the only means
to which governments can resort in the e5c-
ercise OF their authority. The former is
happily unknown to the genius of our con-
stitutlon, except as far as it shall be sane
toned by the latter but let the latter be
oostructed in its progress by an opposition
winch II Cannot overcome or put by, and
the resort must be to tie former, or govern
ment is no more.
On the other hand, so firmly am per-
suaded that the American people can no
longer enjoy the blessings Of free govern
ment, whenever the State sovereignties
shall be Frustrated at the feet of the gene
raj government, nor the proud conscious
ness OF equality and security, any longer
than the independence of judicial power
shall be maintained, consecrated and in
tangible, that / could borrow the language
OF celebrated orator, and exclaim -
" / rejoice that Virginia has resist
ed"
Yet, here must claim the privilege of
expressing my regret. that the opposition
Of the high and truly respected tribunal of
that State, had not been marked with
little more moderation. The only point
necessary ia be decided in the case then
before them was" Nhefher thev we're
bound 10 obey tie mandate hating from
mis Court % But in the judgment enter
ed on their minutes, they have affirmed
that the case was in this Court coranl non
judtce, or in other words, that this Court
had no jurisdiction over it.
This is assuming truly alarming laG-
iude Of judicial power. Where is tito end ?
1t isa acknowledged principle Of, ! be-