Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-04-13

necessary TO use the word in that sen.e. For Az
there was no controlling power constituted. il
would only, If used in an imperative sense. have
imposed amoral obligation to act. Bu, ,he
same result arises from using tin future sense
and the constitution every where assumes, as a
pos'uiate, ihat wherever power is given it will
be used at least used as far as the interest of
the American people require it, ifnot from The
natural proneness OF man to the exercise ofpow
er, At least from 4 sense of duty, and the obira.
ton OF an oath. Nor can see any difference in
the effect OF the words used in this section. as
to the scopeof the jurisdiction of the United
States courts over the cases of The first and Sc
cond description, comprised in that section-
Shall extend to controversies" appears Ia me
as comprehensive in effect, as shall extend 70
all cases" For if the judicial power extend {" to
controversies between citizen and alien Sicn tn
what controversies of that description docs il not
extend II no case can be pointed out which
IS excepted, it then extends to all controversies
But Twill assume the construction as sound
one, that the cesson ofpower TO the general go.
1erniuent, means no more than that they NAV as
sumo the exercise oft whenever thew think il
advisable. Ii is clear that Congress have hther-
TO acted under that impression, and my own d.
pinion is in favor offs correctness But Goes il
not then follow, that the Jurisdiction of the state
court, within the range ceded TO the general 60
Verument, is permitted and may be withdrawn
whenever Congress think proper to do so ? AS
1t is principle that every one NAV renounce n
right introduced for his benefit, we will admit
that they NAV cons,ituionally exercise iurisdc-
ton in such cases. Yet surely the general DOW
or to withdraw the exercise oft, includes in II
the right to modify, limit and restrain that eyer
else. "Ths is my domain, put not your foot
upon ii, if you do you subj ect to my laws
have right to exclude YOU altoTether-I have
then right to prescribe the terms of your adj.
mission to a participation. AS long as you con-
form 10 my laws, participate in peace, but re-
serve to myself the right of Judging how far
your acts are conformable TO my laws" Analo.
gy then to the ordinary exercise ofsovereign au
thority would sustain the exercise of this con-
trolling or revising power.
But il is argued that power to assume iuris
diction to the constitutional extent does not ne
cessarily carry whit right to exercise ap-
Peliate power over the state tribunals
This is a momentous question and one on
which shall reserve myself uncommitted for
each particular case as ii shall occur. 1t is G.
nough at present to nave shewn that Congress has
not asserted and this court has not ATTEMPTED to
exercise that kind of authority in personam over
the state courts VIII Oh would place them in the
relation OF an inferior responsible body indeben-
dent Of the = 0rvfi acguieScence. And have too
much confidence in the state tribunals to be
1eve that case ever will occur in which it will
be necessary for the general government to as
sumo controlling power over those tribunals
But 1t is difficult TO suppose case which will |
call loudly for some remedy or restraint : Sun |
pose foreign minister an officer acting rept,
iaFiy under authority from the United States
sliced to-day, tried tomorrow, and hurried the |
next day to execution. Such cases NAV occur
and have occurred in other countries. The an |
cry vindictve passions of men have too often
made their way into judicial tribunal, and we
cannot hope forever 10 escape their ban. ful nfu |
ence in the case supposed, there ought TO be a |
llEr efrn,t. g., Il
union must be dissolved. At present the uncon.
ToIable exercise of criminal jurisdiction is most
securely coniided to the state tribunals The
courts OF the United SAFES are vested with no
power 10 scrltinize into the proceedings of the
state courts IN criminal cases on tie contrary
the general government has in more than one in
stance exhibited their confidence by wish 10 /
vest them with the execution of their own penal
laws. And extreme, indeed, 1 flat,er myself
must be the case in which the general government !
Could ever be induced to assert this right Ifl
ever such case should occur, it will be time
enough to decide upon their right to do so
But we know that by the Sd article of the
constitution, judicial power, To- certain extent.
IS vested in The general government, and that by
the same instrument, power is given 10 pass all
laws necessary 10 carry into effect the provisi
"ns OF the Institution. At present, it is ONLY i
necessary to vndcate the laws which they have
passed affecting civil cases pending in state tri-
bunals.
In legislating on this subject, Congress in the
true spirit OF the constitution have proposed tn
secure TO every the full benefit of the const;
tuition without forcing any one necessarily into
The Courts of he United States. With this view
m one class of cases they have not taken ava,
absolutely from the state courts all the cases to
which their judicial power extends, but left il IN
the pl untff to BRING MS action there originally
If he chose or to the defendant To force The plain
n N n fha a.
they have urlsd c. on, and the former has insti
tuted hls suit in the state courts. In this case
they have not made it legal for the defendant IN
pied to the jurisdiction, the effect of which
would be to put an end to the plaintiffs suit and
oblge Linn probably. at great risk or expence to
institute a new action; but the act has given
him ar'ght TO obtain order for a removal nm
petition TO the state court, upon which the
cause with all its existing advantages is transfer
req To the circuit court OF the United States
Jh,s, lpresume, can be sub eet to no objection -
AS the Legislature has an unquestionable RIGHT
TO make the ground of removal a ground of n p,
10 ajurisdicuon, and the court must then do
no more than it IS now called upon 60 do 70 wit
give an order or judgment, or call it what we
Will, IN favor OF the defendant. And so far from
asserting the neriority of the state tribunal tbis
act IS rather that of a SUPERIOR inasmuch &C tho
circuit court OF the United States becomes hound
10y that order to take jurisdiction Of the case =
= ms iheu'ou 50 much more unlikely to affect of
hc'al deicacy, than that which IS resort ed to in
the other class of cases, might perhaps have
been more happily applied TO all the cases which,
the legislature thought it advisable 80 remove
from the state courts. But the other clasq oF ca
Scs, IN which the present is included, was prono.
scd to be provided for in different manner -
And here again, the legislature Of the union e.
vince their confidence in The state tribunals. for
they do not attempt 10 give original coenizance
TO theTown circuit courts Of such cases. or to
remove them bypetiton and order, but stiu be