The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1816-09-06

The powers not delegated to the Unit
ed States by the constitution are ex
pressly reserved to the states or to the
people I; it follows necessarily and
clearly to my mind, that congress have
no power 20 vest any jurisdiction what.
ever in the state courts.
This is a criminal prosecution ii
may we'll be doubted whether one sove
reign state can sue In the municipal
courts OF another state tut waving this
p int as not necessary to be here decid
ed, l assume it to be a settled principle
IN Jurisprudence, that one sovereign
state cannot make use of the municipal
courts OF another government to enforce
its penal laws. No one would doub, for
an instant, il the government of Great
Britain or France, or even one OF the
other states OF the Union were to a,
tempt to maintain criminal prosecus
ton In our courts, thar it would not be
permitted; and yet as TO judicial pow
er, and its penal laws, the government
OF the United States is as much an in
dependent state ard separate govern.
meTt as G"eat Britain, France, or citizen
Oh Int Cnlieu otateS.
II hath been urged, that the consii.
iuuon gives TO congress the power to
lay and collect taxes, duties, impos,s
exercises, sc and TO make all laws
which shall DC necessary and proper for
a'rying that power into execution !;
nat " Collect the excise they have
Judged It necessary 10 vest iurisdic.
in
courts. II they have Judged it 10 be
necessary, they have been mistakcn-
| convenience IS 40, recessi,y-their own
tribunals are sufficient 10 enforce thei,
laws III 1t be true, thar Congress, On.
er this provision OF the constitution,
| may pass any laws they deem necessary
o carry their specific powers into exc
! cution, and are themselves the sole
! dyes of such necessity, where are
aey to stop? Possessing the sword ard
he purse of the whole condfederacy
hug more than the establishments Of
>uch principle is wanting TO vest cor
! Siess Win abs iuIc consolidation OF ihS
states. We have seen that the constr
utIon Of the Unued S:atcs do,h not
give congrcas the power Of vCs:ing II
risdIction in the state CuurIs--the con-
s'itu,ion and laws Of Ohio de not civ,
| is jurisdiction, nor can we sustain 1t or
rs"eral principles at Law
An opinion has oeen read in whiCh il
- stated Tia, ths 81 ariicl: CT !hc con
a'ituti0n Of the United States YES, = In
| <. government OF the UOitcd States 0
| Ui!cge OF having their causes deer
| mined In their own courts anu that this
| ,IlIyiiegc may DC waved By ihcm-by
| he Isl article OF the constitution, the
Legislative powers ii thu United State $
are vested IL Congress. by nc ID arti
Gle the executive poWe "' ;se UnIr,G
Sietes Is vested IN pr esIdrn;. DC
not see why this doctrine OF H1iuji. &c
end gvuUer may rot with as much rza.
son be applied to the Legislative and
executive as TO the judicial power, nd
so the whole government Of the Uni,cd
States l04Ved This theory is new, i,
is beyond my comprehension.
The second question raised in this
case is, whether this court can sustain
a criminal prosecution By information
under the constitution Of this state
BY the 10th section of the 9th article
of the constitution OF Ohio, i; is declar.
ed, {" That no person arrested or con-
fined in jail shall be put TO answer any
criminal charge but by presentment
indictment, or impeaChmeBl
An information is as much a crimi
nal prosecution as an indictment tnl
same process Issues on the ore as on
the other, 10 bring the person charge
CT informed agairsi h.icre The coup.
and that process with US is 4 capias-
the defendant hath BEEN taken by q "a
pias, and il Tow holden 10 answer thi.
| Ininr nation.
think that fair construction Of Gu.
constitution requires US 10 say, lha t:.e
| proceeding By information Is prohi@i'-.
| by it. If we examine the history Of in.
formations VIC shall fluid that they have
,rcpt into use against the plan mean
ing OF Magma Chana thai although IL
England series Of precedenls support
them, yet they arc neither suited TO on,
! principles o! government, nor coun,cn
anced or permitted by the state consi
utiou Such is the unanimous opinion
| Of the court.
AhnafoHS, AugH5f 81.
I