Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-04-29

y 49, t"SiS-oiS, iShSiSn 10 lne present
Bat there are certain legal pfineiplcs laid
Gown Dy the constitution iiself; on which
IL directly or Indirectly authorizes Con-
gTeSs TO prescribe 10 all The tribunals ofall
me states q the Union rs rules cf jsalGca-
me, which are conclusive and binding
because All the judicial officers of the scve-
ri STATES are bound by the explicit provi-
sion CT the second section of the sixth
article, 10 regard the constitution, az
well as the laws and treaties made in
Pursuance thereof, as The supreme law OF
This land. ~ few examples will iliusirats
THIS position. The first section of the
iourth article declares, that" full faith
anu credlt sha!ibe given, in each state, to
TIE pubic acts, records and judicial pro-
ceedings Of every other STATE This.
tnen, IS law Of The conlederacy; a rule
oIJndicature, which every state tribunal
OF TIE union Is bound TO observe. The
latter part ofiiils same section declares.
that the Congress niay, ky general laiss.
prescribe ts,e Dlsii;ie, III which such ac.s,
records and proceedings skail be proved.
snc de ehect thereof" Tie acts Of Con.
ssress made IA pi.Tsusace Oh dis provision
ava authority, are, ii Ike manner. laws
OF thS coniederacy, end ralss IF 3adicatare.
winch .ne courts vi the several states of
u.
gfess are, by the eighth section the first
article, authorized :. to law and co!iect
taxes, duties, mposts and excuses" By
virtue OF Tins power, they have thought
proper 10 impose stamp tax ON certain
INSTRUMENTS ofwTlting ; and, as means
OF enforcing The collection of such tax.
they. have declared, thetan instrument of
writing, on which stamp tax is required
10 DE pafd, shall not be evidence unless
stamped. And this alt ration ola legal
RUE oil eviaence, has been held to be
Dinding on the state courts; because
Al Is necessarily Incident to the power 10
Jay Such a tax, as means of enforcing
It's collection and payment. gsrginia ca
ses, 10. 80 Congress have, by lie same
section, the power TO regulate commerce
with foreign nations. and among the Sc
Veral states, aud with the indian natl
ons. AND, as necessary incident to
this over, they have assumed the right,
ana, as IL would seem, correctly. TO re-
guiate tlle maritime contracts of seamen.
engaged IN the merchant service, as beiu.r
a class OF persons who may fairly be con-
suffered as the Immediate Instruments Inv
winch commerce is conducted. And. in
order 10 enforce the specific performance
% maritime engagement, entered into
oy seaman, ali arrest and detention OF
HIS person, so IS To be delivered immedi-
a'eiy, INTO the service contracted for.
an act of Congre&
liz none OF these, or anv such cages
however, docs tie constitution or Con
gress invest the judicial iIlnctionaries of
inc sIatcs with new and original iurisdic-
non, either OF civil or criminal nature:
DIT me constitution either laws down u
70 t 90 o. 49, etrs.g es 81 i sAlhofzss CONGRESS
necessarily incident to some power grant
ed. But the. prescribing of rule of "a
dlcature to the judicial ofnc ers ola state.
relative to The kind of faith and credit
10 be Siycnto records as TO the authcnli-
ca'ion oil Judicial proceedings; as 10 the
manner oientorclDg tie specific perform
ance OF seaman's contract, ana the like.
Is maniieslly very different from the in
Vesiing OF such officers with portion of
the original judicial power of the Uni
ted STAIRS, IN criminal cases
The constitution Of the United States.
not only declares fine general govern
menf 10 be Limited one, but il also
presclbes certain boundaries TO those of
the several states. The tenth section q;
TIE nrst article declares, THAT ''no state
sliaii enter INTO any treaty, alliance or
confederation grant letters of marque
and rePrisal; coin money, emit bills OF
credit make any thing but gold and
silver com a tender IN payment OF debts :;
lass any bii, Of aitaInder, re most facto law.
or law impaifing the obligation o. con-
tracts or grant any title ofnobilitv.S These
PROVISIONS are thus. virtually. cngrah q
upon the constitutions of The several
ates; ans are, in Ike manner. cbEaY-
tory upon the several members Of tie
several state governments. They Inay
be, IN many respects considered as yales
" 1'dicatu's but they confer 40 iudi.
riai power; nor do they authorize any 70
be granted: they are, therefore, uacoi.-
ne ted with the present question.
In those cases, clearly within the iu,is.
dichon oithe United STATES fribunal. ~.
though 1t IS admitted that those court,
| can control the person or properly of The
liilgailng party; yet, il is doubted, who
| ther, ia such cases, the United States
| courts can control the state tribunals
Which may have undertaken 10 exercise
a concurrent jurisdiction And the exer-
cIse OF snch control has BEEN solemnly
said to be g a right which congress had
! not asserted which the supreme court
| has not asserted nor does ihere appeaf
| any necessity for ASSERTING" That the
| right 10 contTolthe judicial authorities OF
| NE states has not been asserted has. con-
| tessediy, been. because there was consi.
| derabie- doubt with Congress and The Su
| preme Court whether it could rigbfG1llv
be dome. Whedt0t3SI, Martin Us. Hun
sers tessee. butto control state tribunals,
H.