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

III relation to the present subjects Is;'
not. however respectable that Court -
be. ITS decisions are not binding upon 80
tribunal. 'as
In making decision upon this snh;o
tins Court does not so much decide NJ
are the rights and powers of the FedsS
Court, as what are its own.--There !
position more clear, than that, even
the same government, Court NAV
paramount. as to some powers, while !,
subordinate as to others. The Gene
Court of this Commonwealth, for eva.
pie, IS the Supreme Court as to all Cr;ms
al cases. though its jurisdiction is infsr;u
to that OF this Court, as to those which =.
CIVIL. No person Will d.ny, that, in ro,.
ton to criminal causes, it would ad,as
itself to be the Court of last resort.
would resist the Entertainments of .sA
Court upon It. 1t would resist, and mo-
proper resist, an edict ofthis Court co,.
demning Citizen to suffer death, Who
that Court had adjrdged to be nnocrn.
Every argument applying to justify N,
decision OF the General Court, in such
case, would hold more forcibly, in the CO -
before us. III such resistance can be ma,.3
by Court which is, iii most instances. =,
Interior Court, much more can it, by o.
i
can be made, by Court which is, in trns
part of "onc whole" much more can
by one which is not. II it can be made /,
a Court Of the same government, *
much propriety can it by that of diffe'
ent one
The counsel for the appellee have f.
nished ms with string of cases. in whh
the jurisdiction in question has been entS
tanned, by the Supreme Court of the vi.
ted States. They have had it in their nov
err To do this, because the cases occurred,
that Court, and not in this. The portri.
is exhibited as it is, because the man. AMI
not the lion, was the painter. (aa)-Iti'
not to be denied, that the jurisdiction nov
IN question has been entertained by the Su. |
preme Court, in sundry instances RI,
that jurisdiction has gained ground by,
| picce-mcal, and has never received ha
| solemn, and deliberate, discussion, and a..
cision, of that tribunal. Ii has been =.
| dopted, also. under a latitude of construc.
ton, and discretion, in the Court, which
, rs At war with the idea of limited and sne ID
cIted powers, in the general government.
nat decision was coeyai, as have alrea-
| dy said, with sundry acts of the NationaI
Legislature. passed upon the same princi
pie bat while those acts have been scout
ed, &c repealed, by general consent, under
a more correct view of the constitution.
the decision has been suffered to remain,
| and to be acted on as aprecedent
Ihave already said. with the Virginia
Legislature, (b6) that the powers of the
| federal government result from the Con-
| pact to which the states are parties; are
no farther valid. than as they are author.
ised by the grants enumerated in the CON-
| pact ; and, will now add, by the same
authority, "that i'll case of a deliberate,
palpable, and dangerous exercise of pow
ers. not granted by the said compact, the
states, who are the parties thereto, have
the right, and are in duty bound, to az
rest the progress of the evil" (cc)-Whie
| the States in their legislative, or even or
| sinal, character, are authorised to inter-
tere, IN Cases OF the palpable nature Just
! mentioned, the Courts OF the States are al.
so authorised to check the evil when it oc.,
| ours, in the exercise of their ordinary H..
risdicton. Thus in the before mentioned
case of the Commonwealth Us. Goblet.
| (dd) the Supreme Court of the State Of
Pennsylvania, solemnly and Unanimously
| refused to permit the defendant, who was
! an alien, to remove cause in which he
was sued by the State, in its Supreme
| Court, iato the Circuit Court of the u S.
| Notwithstanding the comprehensiveness Of
the words of the twelfth section, of the ID
dicial act, upon this subject.-That Court,
after declaring, in the most explicit terms,
that all powers not granted to the Gov
eminent of the United States, Remained
with the several States that the federal
| government was a league, or treaty, mad:
by the individual States, as one party, and
all the States, as another that when two
nations differ, about the construction Of
league, or treaty, existing between them,
neither has the exclusive right to decide
it; and that, if one of the States should
offer with the United States, as to the
| extent OF the grant made to them, there is
| no common umpire between them, but the
people, by an amendment to the Consti-
tuition ;went on to declare its own opinion
on the subject and overruled the motion,
on the ground that the sovereign State OF
pennsylvania could not, on account of its
dignity, be carried before that Court.
One Of the appelee's counsel was pleas
ed to call this decision. dictum of chief
| justice MoKean's.-I must be excused for
saying il is no dicfum, nor is it the sole
! and individual opinion, of that respectable
| judge. 1t is the solemn and unanimous
| decision, and resolution, Of the Supreme
! Court, of one of the most respectable
States IN the Union. 1t contains no prin>
ciple which every friend to the federatjve
! system OF government, will not readily
| subscribe to I: it exhibits no sentiment a.
! farming to any, but the friends of console
datiou.
Il has been said, that this decision Of
the Supreme Court of Pennsylvania. is a