Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-01-04
{ VOL. 42.--N0. IL.

power OF the CNHed States" to- the. cases
enumerated, there would have been some
plausibility, perhaps force in the argugent,
ii the question turncdon that clause enly.--.
But the constitution does not speak this lar
guage The language really spoken, is es-
ssntiaiiy different so far from amounting
to & grant ofLegislative power, the mode.
of exercising which might be discretioaarr.
Ike that # calling out the militia; il is :
grant ofjudcal power only. Which Com
gress cannot touch. 1t constitutes q grant
and definition OF Judicial power, incorpo-
rated IN the federal government, over
Which Congress has no control. They can
no more alter This constitutional definitions
OF judicial jurisdiction or power, than they
can alter the constitutional definition OF
treason-a project once set ON toot, ,uc
speedily abandone J..
The doc,riae then for which Contend ia
SIMPLY this that although il be true, that
where power IS given to Congress to do a
particular act, such for instance as borrow
ing money on the credit Of the ". States,
the means of checting this obj.c are en-
TREY at their discretion, it does not follow,
ana IS not true, that VIII re no legislative
power is given, where on the contrary. the
constitution has itself defined the cases to
which the Judicial power of the United
States shall extend, Congress have anv
right to prescribe the mode in which i
shall be extended.
1t is certain that Congress are not ex-
Pressiy au horsed by the constitution 20 pre-
scr'ce the mode. in which the judicial pow
or OF the United States, shall be extended
10 cases OF federal ognizance--and it is
equaily clear, that tne power ascribed 10
them by the argument of Mr. w. is no.
nscess Try to Carry any power existing un-
der the conStituti0n into effect. Iftbis be
true, the discussion upon Mr.. Wirt's ow,
principles is at an end
o ascertain, whether this be true or
not ietus sec how the judicial power vii!
stand on the constitution alone, w,thont
TINS legislative power in Congress.
Inc true mearing Of the recited clause
IS, tnat the courts of the United States
shal' nave cogn zancc Of certain cases, not
exclusive but concurrent with the courts
OF the several states. Il has never vet
been contended, that the words the in
cicial power Of the United STATES Shall r.
ffHd, &c" 6 VIC to the federal courts. cv.
elusive jurisdiction. The state courts had
jurisdiction before. But for the federal
government, that jurisdiction world have
neeP necessarily eX lusive. When, thers-
lore the constitution usedihe words bsFore
me- itio' Yea - ea'l fc, ru0-r--ts,-s
this that csf,- 3Sciasses OF lass which
bet re It's option, must cf necessity have
be "a brought into the state courts, MIGHT
be brought before the federal tribunals -
ii brought there, the courts had iurisdirt;-
on over them by the express words ofthe
constitution. Bot fthey should be brought
IN the state courts, whose jurisdiction was
anterior to the existence Of the CONSTITUTE
on, and entirely independ Mt Of it after
wards, they would b rightly in court. and
might be finally decidcd. The jurisdiction.
then, OF the federal & state tribunals being
concurrent, that is, standing on eousl
ground, each claiming to decide what ia
brought before it, and claiming no more.
i S manifest that the words aud meaning
OF the constitution are satisfied, if every
case stated IN the constitution can be or,
ena'ed III the federal courts; and it l.
eqlfiiy clear thas tltre can be no nccegs;- f
ty Tor any SORT Of legislative interposition
on the subject. The Judicial power of the
Onitea States does not extend, in the mo-
per sense OF tEHt word that is, concur
Tsntiy with The judicial power of The
states, without the aid Of the legislature.
to al the enumerated cases.
But Il may be said, that there is another
argument, OF 4 similar aspecf. or this srh-
ject. which it nay be more difficult to re-
pei. 1t may b. presented in h;s form. The
Constitution ceclGTes, thas " tie judicial
power Of the u. S. ehaH erfcnd'' to Ger
tain cases: and the Sth section of the fret
article, expressly authorizes Conyress to
pass not only al laws necessary and pror,-
or, to carry into execution the foreco;pc-
powers that is. the powers expressly
granted To that body, but " all otter now.
ers vested by this Constitution in the Gov
eminent of the United States. or in anv
department or officer thereof" CONGRESS
therefore. it may be said, have a gft. nm.
der this clauSe, to m ke a l,w for the pur-
pose OF extending this judicial poweroft The
United States, TO every class of the enurnr-
rated cases, although without the aid az
such law, they would b. Inaccessible bv
federal jurisdiction.
regret that IN answering this reu-ne,t
am Obliged to touch in my progress. AT ,
point, not indicated in the invitation oive, e
by the Court. II cannot, however. in ,bie
part ct our journey through tie cau.e. he
easily avoided
Now, let It be observed, that there are
ony two classes Of cascs, which ap ne
within rcoch Of thc federal tr bgna,s. vii
cut me "id OF law fToo 1niy;f e. cases
dsp ndihS before, and cases decided bv =
state tribunal. Al oher c1sss Of f.deral
cognzance, arc within reach of fine ind,-
eial power Of the United Stats, by theli
help OF the Ccnstitut on ouly. 7Nesc tvr8
classes ri cases, are TOT be placed Their. h,f
law. Does not til IA It, the nocess;sy -
passing law TO operate specially On n, IN,
snew distinctly that they ofpb, z, hav,.