Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-03-23
DALrIMnRE. Niarch 10.

BALTIMORE, March 10.
PART efa letter fran a gentleman IN u ashingfOn
toMsJiiend IN Bahmore. daicd 1ih March,
1916
I'll have seen the " Portraits of eminent
Orators"-1'he writer has well Characterised the
combatsnts ~ 90 the Olympic Games" as he calls
the Supreme Tribunal and Legislature of the Ma
toa but he has omitted one name, which patriot
ism and genius ought to delightto honor-l al.ude
to Mr.. DEXTER, who, yesterday, displayed the
grandeur OF his mind in the Supreme Court, in a
most remarkable manner. ihe cause was that
IN which the Virginia Court OF Appeals have
refused To obey The mandate OF tie Supreme
Court oil thu United States, reversing their utlg-
ment in the of Lord Fa;rfax's hers, i'll which
the construction Of tie treaties with Great Britain
SUPPOSED In be Involved and cousequ .nuy that
Twas on which this Court had authority to
reexamine the decision Of the Stats Courts, AMI ia
which you have already published in the ne VS.
papers the opn'n OF Judge R0ane OF Virginia. Mr..
DEXTER was retained by lie claimants holding I'M
der patent from Virginia. against the title o. Lord
Fax lax, and consequently he was TO contend that
tits court could lot enforce its authority against tn.
State Court in the present Instance.
lie began by promising, that every .4dr0cGte is
Cil-eH and that on great constitut onal questions,
las duty to his client docs not require him 10
ceai any opinions he may have formed That he
bel1sUed his could be safely carried through
without hlsifying the exposition Ofthc Coasli-
tuition. He 6ctieUed, that it was essential to the
right oiaTrnng the United States Courts with ey-
cry authority necessary TO give complete ef-
feet to the uCicative powers given by tie COsiItu-
ton. He therefore dissented frOin the Court Of
Appeals OF Virginia, Wien they denied that the
appellate jurisdiction OF the National Courts cAtend-
Ell TO cases involving the validity and
OF treaties. He held that this jurisdiction WAS ex-
clasyey in the Couits of the United States; but
the question was, whether Congress had provided
an adequate means OF exercising it Ills opinion
was, that policy and the true genius aud spmit OF
the Constitution required, that this class Of causes
should be renioved from the State Courts into those
OF the Union, iii the hrst instance, soon the
question touching treaty and not 10y the Of
fensve mode Of writ Of error VI mandate, directed
To Court which as Supreme in its appropriate
| sphere as this court.
should in vain attempt TO g;yea faithful sketch
Of this argument, lraugt with good and learn
| ing, and impressed with tie stamp of wisdom. Bat
could have wished, that not only the citizens Of
| Massachusetts,, but fthe whole UnioR, had been
present, AID listened to tie voice OF this great and
good man, when, IN his pernratOP, he admOnshed
10th the National and State authorities not toengage
| in conflict which might ultimately involve both
! IN common ruin.-"The taper OF judicial dis
cord might become the torch of civil war, and
| though the breath of Judge might extingusi the
first, the wisdom Of the Statesman and the yalor of
! the Soldier, could not guench the atter"-He la
| menied that the Courts OF so patriotic State as
| Virgins, had denied the complete aud exclusive do
| niinlon Of the National Government over the
| whos surface OF the Indicative power grant
! cd 10y the people to that government.-" JOIN OR
| DIE, was the word, when we were represe ted rs
dijointed serpent, of which Virginia was the head
| From that head sprung "immorta Chief"
| armed with the @gis of wisdom. but that great
n,ar, and those who advised him, iiDprovi4ently as
| scented to Law, (the Judiciary Act) which is nei
tcr constlutionslly nor politically adapted to EN-.
iOrcQ the powers OF the National Courts IN an ami.
cable and pacific manner. have never feared that
! ins Government was too stro9g have always
| feared that Il was not strong enough l have Io, E
inclined 10 the belief that the centrifugal force wa
I gre atcr than the ccnt~ipetai-Ihe danger is, moi
that We stall tell into the SUM- bnt that we may n,
of IN eccentric orbits, snd never return to our pe
rlhclOn But though will struggle TO preserve al
the constitutional powers OF the National Govern
! mcut, will not strain and break tho constitution IT,
| self. IN order to assert them there IS danger TO,
| 81 that site.--The Poet describes the Temple o
| Fame IS situated on mounlan covered with ice
| The palaces Of power are thu same frsil lounda
ton The foot Of adventurous ambtnn Olen slips -
the ascent. and sometimes the volcano bursts an,
mandates with is lava the surrounding couniry.-
But iear NOT that this Court will be wanting IN th
6rnness which b cOrnesits station and irn bche1e
that HDlqy cousfifW1op0iy, avd iegaiig erert n
bo1bers Ufiou the Slafs C0iTis ~ Ills firm, (whic
is Whist deng) it will not regard consequences, I
! Che exercise offs duty--It will sag, with anoihe
august tribunal =" Fiat jusiiia, r1faf c1'nm !"
Boiftmorc .4neyic0n
CT We aec sorry, It Is IN power 90 a,rerisan
! sic aDot- ai,5 .oiiIe rciY2s So ing afrcr,