Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-05-02

courts OF s,nh state. This principle has
been long we'll established by the Enelisi,
courts they hold ii 10 be settled princi-
! pie oftbe law of that country, thai thcv
rave no power Ia enforce the rev venue laws,
OF any part OF ii penal code OF foreign
nation.
a similar principle seems 10 prevail a.
mong the european nations of the CONT
uent and also 10 have been held b. the
several states which formerly composed
( the seven United Provinccs-w.oSe prin-
cip!eS of confederation were, in this par
! ticuiaT, more analogous to ours than that
/ OF any other country whaiever.-3 Dali.
! $40, note. This principle has, i'll like man
| ner, beer recognized by solemn reported
I decisions III many ot the states, and. II is
beIeved, Is acted upon in all, that the
courts o: no one state viii cxpound and
enforce the criminal law of any other
/ State of sie union-2. Joklts Az, 40
,. Cxiaes n. 7. Rep. PISS. Bimcy,
22e--5. Ensey, GILL. Hayscoca, 100
And, indeed, this muisposiiion or ina
biliy of TIE courts of one state to act in
ala OF, and as auxiliary of the courts OF
| another, seems 10 have been extended e
ven 10 civil cases. For, although the
! said, compel Il discovery IN aid of for
| eigli court, Coup eli. pt. III, yet, by tie
case of Gason rs. Woodsworlh, Vey "a
325, 33G, 1t appears, thaton commission,
| 10 take testimony, being sent from the
| court OF chaucery of England To Sweden,
| the king OF Sweden, refused the executing
OF the commission. requiring it 10 he Is
| some magistrate there, according TO iiie
laws of sweden. The lord chancellor
seemed surprised at this refusal, between
two trading countries, which might be so
| dangerous 10 commeTce--ai, on a sub
| segment day, iii the same, he declared
| that he would not send another commis-
| sion over, under the sealof Greaf-Dyitain,
| TO be treated III the manner that had been.
| And in tile case OF M'kean Us. Brufi, a
| bill of discovery was filed IN the chancerv
| court OF Mary land, stating that Use deien-
| dant had the knowledge OF certain facts,
| TO which he might depOse, Us material,
| competent amt proper evidence for the
plaintiff, iii cause depending in Virgmi-
a, between INN and 4 certain kimmel and
! Albert and, therefore, pray ed, that the
! defendant might be complied TO submit
| 10 have his deposition taken to those facts,
| TO be read In evidence III TIE suit depend-
| ing In Virginia. TO which bill, the de-
| PENDANT, Brnff, denurred. The claim 10
relief, in the manner prayed, was pressed
with great ability and force OF argument,
| by Mir. Breckenridge, the plaintiffs coum-
! sci. Notwithstanding which, the chan
| ceilOr sustained the demurrer, on the
| groand, that the court had no power TO
compel witness 10 discover or give evi-
| dence under such circumstances.
| But. the second section of the fourth ar
| ticle of the constitution of the United
| States, which ascertains The mode in
| which a fugitive from the Justice of one
state may be unprecedented in another, and
| thence remanded 10 the state whose crl-
minal code had been violated, is mani
| festiy virtual recognitan of this general
| rule, as 10 criminal cases. Hence, il would
| seem, tina. tl.is general principle, that the
! courts OF one state viii not eXp0und and
enforce the criminal code of another, adj
| mits of no exception and that there are
but few instances III which the courts of
| one nation will or can act as the auxi!a-
ries OF another, even in mere civil mat
| ters. 1t follows, therefore, that, accord
! ing 10 tllis generct rule, applicable 10 the
nature ofan Independent sovereignty, the
| Congress could have no right to cIoihe
| any of the state functionames with any
portion ofthc judicial power of the nation
| in criminal cases.
Therefore, The judicial power which has
| in the present instance, been exercised
| by Thomas w. Griffith, a Justice Of the
| peace OF this state, must be derived from
some specific provision Of the couslitu-
ION, or from some power necessarily incl
dent 10 distinct grant of power to the
general government which, in them
| selves, form exceptions TO this gcne,wiru{e.
fit cannot be accurately traced TO one
or the other of these sources, lie had no
jurisdiction whatever and every thing
Chat has been done by him, under cclor
Of such judicial authority, is absolutely
null and void and, therefore, can give no
legal authority 10 the marshal or any o.
her officer TO arrest or deiain the person
now before us for single instant
By the first section Of the third article
of lie constitution Of the United States
It's declared, that &c the judicial power of
the United States shall be vested in one
supreme court, and in such inferior courts
as the Congress may, from time to time,
ordain and establish" By this artirIe
Congress have power to ordain and estab-
lish inferior courts and, by thc eighth
section of the first article, " tic Congress
shall have power 80 constitute tribunals
inferior to the supreme court" These are
their powers in this respect, and nothing
more The Congress has 10 right to pre-
scribe where the judicial power shall, or
shall not vest; they cannot say, that IL
shall or shalInO vest IN The supreme court.
the inferior courts & constituted tribunals
OF the United States. They may Gislri-
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