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

But, in addition to the perversionS of
the theory of the constitution of the Y.
States. tie danger Of committing Judicial
power into the hands of those who were
no way officially responsible, and The IN
Justice OF cxactlug service without com
pensa;ion, especially where, as IN this
state, the officer is prohibited from rccei-
wing any but what is allowed him by the
law of the state, such an investment OF
judicial power might have the most scri-
Gus effect upon the judicial system OF eve
ry state of the union; and perhaps in
none would it be more likely 20 produce
difficulty and confusion than Ia Chat oi
Maryland.
For, if The state tribunals can be invests
ed with the jurisdiction properly belong
ing 10 those of The nation, and the various
powers and duties Of both brought toge-
getlicr, and Invested in The same officer
then, it Is obvious, that there are hume
rous instances where it would be eX-
tremely difficult TO determine In what
manner il might be most correct 10 pro
coed. Because, in many cases the trihu
nal might have choice to act in the name
of the state or of the United States ; III
which it would be very questionable, and
yet of critical Importance, 10 decide whe-
ther ii would be best TO consider the case
as a subject most proper 10 be brought
under the cogniZance of the DiHnfcipat
lar of the State; or TO treat it as matter
of admiralty jurisdiction, involving i'll
some degree tie lac If nations In all ca
SEES where If is admitted that the courts of
tie United States and the several STATES
have concurrent jurisdiction, it would be
matter of some difficulty and dc{icacy,
where the two Jurisdictions were so united
in the same person, 10 say which of the
two characters the forum should assume
tor the purpose of hearing and deciding
on the case. And it is manifest, that
where such separate jurisdictions were
conferred on the same officer, by those
two distinct sovereignties, each ofwhich
must be obeyed and different place and
forms were prescribed for performing the
duties required by each, it would be I'M
possible thus TO double business, bound
not TO neglect one or both of them OF,
what would be most likely under such in
dividual circumstances, that the officer
should leave undischarged his duties to
the state. 1t is, therefore, clear, that if
this claim of Congress TO confer judicial
power on the state officers were TO be al
lowed, the whole judicial system of the
several states might be overturned, or
thrown into utter confusion.
But experience will suggest considera-
tons of policy, in many respects peculiar
to Maryland, which ought 10 have much
weight in the determination of a question
of the nature of this now before the court.
When we cast an eye over the local situa-
ton of this state, and observe how COM
petely lis dominion is divided by the
Chesapeake, great arm of the sea the
independent territory OF the union carved
ont on one side the smallest of the states
sharing with us narrow front upon tle
Atlantic: and that we are surrounded in
every other direction by two of the most
potent republics of the coniederation-we
cannot but perceive, as late experience
has caused us seriously TO feel, that Ma
ryiand, 50 far from assuming a naughty
independency in all respects whatever,
and from endeaVouring 10 have her tn
bunals invested with the judicial atiri-
butes of the union, stands IN especial
need ofthe presrGce and the aid of tie ju-
dIclal arm and OF the power of the nation;
order TO regulate the rival interests, and
to pacify the lealousies OF our territorial
brethren our feeble sister; and the pow
erfu. neighbours by whom we are sur
rounded and overlooked ;--as well as 10
prevent the impuiation from being cast
upon us, either of neglecting 10 vindicate
some national rights, or of exciting
conflict relative to- questions of a com
mcrclal or maritime concern, with the
various foreign nations who pass along
our coasts, or enter our numerous har-
bours. With an open front, inviting the
Intercourse, and exposed TO the Rcursi-
Gus of all the foreign nations of the earth
| aud with dOmaln SO cnineniIy provided
by nature with the facilities ofinland in
tercOurse, II is evident that tie chief
| ports OF this state must ere long become
the great depot and thoroughfare ola ve~
ry considerable proportion of the COM
inerce Oi tlie union, and consequently,
| that within our territory, questions al the
greatest national concern may often arise
aud tint this staic may D'ore Frequently thaa
| GHy other become the scene of'the IiatiOtal sOn-
ficfs, md If tie ciGshiHg gigaiShjp If the
states Wisdom and sound policy, there
fore, seem strongly TO urge upon US the
prOpriety Of combining ourselves within
ihe pale Of our municipal law; and Of IL
hitting our wishes and Orpower, as a state
sovereignty, TO the administration Of our
domestic concerns ; leaving all national
questions and affairs TO be regulated by
the wisdom Of the national judicaturc, d
protected by the power of the national
arm.
Upon the whole, therefore, after care
fully reviewing the reasons and principles
| applicable TO this great question, I feel
| perfectly satisfied that Congress have no
| constitutional right to conicrany portion
Of the Judicial power Of The United States