Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-05-06

upon it, as weliby its friends as by its foes,
among the members ofthat very conven-
ton which framed the instrument ITSELF
Ma1fin's MforMdiiOn 10 Tie General Assem-
BIZ Of No,yidad, prt. Mdrch 1898, pages so,
5i--Ihe Eederakst, No. 80 by the argu-
memts in some of the state conventions
which ratified it, Debates Viyg. Con. by the
adiudications of some of the most respec-
table of the state judges, before whom this
question has been directly brought and
decided, the Commonwealth VS.. join Fesiy,
Virginia cases 32l-JdckSon VS.. R0Se-U.
States VS.. Aier. Cdmpbeli-Common,csaHh
Of Pennsylvania VS.. Nicholas KosioT, deci-
tel By Ire supreme court Of Pennsylvania,
6lareh 1916, JshnS. IA, 3, DGN. IL, 5,
Binney, 5l2-And also by what was incl
deutaily but very distinctly said by The
supreme court OF the United aates in the
case OF Martin rs. Hunt Lessee,
Wheaton, 334. As that portion OF the
opinion of the supreme court TO which
alIude, developes the principles on which
the judicial authority ot the United States
rests, with direct reference 10 cases Of
the nature of That with whichthe prisoner
before us is charged, will close The argu-
ment, on which SHALL found my opinion,
IN tue words of that very eminent nation
altribunal.
In thcfrst place, (says the supreme court
as 10 cases arising under tie constitution, laws
and treaties, Of the United States. Here the
state could not ordinarily pos,ess a direct in
rsdlciion, The jurisdiction Jrsr sKch cases c0gd
not e.rist an fke Siafs c1uts preUi0uS tn Tie aG0p
Sica q Ia constitution, and it c0pld not GffeT
drliSS BE- directly conferred on them FOR the m
SfUficn crDreSSy requires the juficir p0;sr to he
res.ei in coarts ordained and established by the u
nHcd States This claSs of eases would embrace
civil and as well as criminal inrisd icion, and
effect not only our internal policy, but our TO-
reign relations. Ii would, thereto be peri
lous to restrain il in any manner whatsoever,
in3smHch rs ii might hazard the national safe
-. The same remarks may be urged as 10 ca
ses affecting ambassadors, or other public mi
niSterS and Consnis, who are cnphaticaliy DIa-
ced under the guardianship of the law Of mali
ons; aud as 10 cases OF admiralty and ra-
time jurisdiction, the admiralty jurisdiction
embraces al questions of prize and salvage, an
the correct Adjudication of i-lih fO~ei.r nations
are deepiy Interested IL embraces also maratime
ports, contracts and cSenceS, an ,rlieh the priHci
pies Of he lar and comfy of nations often f0rl
al cssentiai inquiry. All these cases, then, en-
ter into the national policy, affect the national
rights, S may compromt the national sovereign
~ The original or appellate jUTisdiction ought
not, therefore, 10 berestrainetl. but should be
commensurate with the mischefs intended TO
he remedied, and of coul; e, should extend to
all eases whatsoever.
it is therefore my opinion, that Joseph
Aimeida, the prisoner now brought be-
fore us, has been illegally arrested AMI
detained, and that lie must now be dis
charged.
Judge Hanson then delivered his opinion
much al large, in which he concurred with
Judge Bland as 10 the uucOnstitutiouallitv ofthe
act of congress; aud, therefore, BY order of
the court, the prisoner, Almoida, was dischar-
ged.
Chiefjndse Dorsey having been engaged as
counsel tor 4 neda, before his appointment,
did not sit in the cause