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

which provides that the Tar, and the err
ecnfors of the law, shall emanate from dif-
leTcnt sources, so as 10 counfervail the
| Irregularities ofeach other.
IL, however, this claim of Congress, to
invest the officers of this state with i.ls.
judicial power OF the United States, were
conceded. il would lead to The most eN-
Extraordinary peversion Of the theory Of
our government entirely PROSTATE some
OF ITS most valuable principles; and over
turn, or throw into confusion, the who's.
judicial systeu OF every state OF the uu-
ion.
The chief objects in establishing the
government of the United States, ccYtaiD-
~, were to regulate, expound and main
tam the aggregate rights OF thr uiiion, in
relation TO foreign nations; TO regulate &.
pacify the conflicting claims offl,e several
states among themselves; and soto binu
tie states together, by the strong bands
ofmutna convenience, and reciprocal IN.
tercsts. Hence, il must have been the
intention of the trainers OF the govern
ment of the union, that ii should be pro-
vided with powers fully commensurate
TO these great objects; and also, thar
those powers should be so distributed a.
mong Its own agents, as to enablei; 10 act
from ltse.i-by its own motion; and not
through the inSirumentality of any Other
independent Sovereignty, and hose which
policy may dictate iile pgCprlety OF being
so placed only professionally. orin The last
resort. Ii the question now before us
W2s, whether the state courts isd con-
current jurisdiction with those OF tic uBi-
on, IT mlght be necessary TO examine this
distinction fully and carefully; but the
question now under consideration is,
whether the United States can use the a.
gencv of any other power than its own, In
the discharge of the duties assigned TO it.
1.-THE United States, can use the judicial
officers of the several states, as agents 10
arrest and bring offenders 10 Justice, they
certainly can. III like manner, use tie
courts of Justice of the several states as
agents to hear, Try and condemn for anv
criminal violations whatever oftheir laws.
There is nothing in the constitution or
the law, which make the least distinction
between the one and the other To Judge
of the grounds of an accusation on which
warrant 10 arrest NAV or may not be is
sued, is as much judicial act as the pro-
| cess of trial and condennation--3 Dali.
10. Therefore. if the United States can
| confer upon the judicial officers of the
states the incipient and ancilary pcwerto
apprehend, they may, with equal proPrie-
| ty, invest the courts with the pienary {
power of trial and condemra.icn. Aud
If the United States can make use Of tie >
judicial officers Of the several states rs
their agents, and can compel isem 10 aeE
as such, for tlie purpose oF arrestisg. trv-E
ing and condemning, in Their ngs9e AID
bshaD, offenders against terlaws in one
kind OF cases, th,y can do so in all for, s
in his respect neither the law nor the 6
constitution makes the least shadow Of B
distinction. Consequently, the Congress
might distribute the judicial power CITIES
United States, specified in the constitute
ton, among The several state courts, III
such manner as they might tliink proper,
and rely altogether upon the state tribu-
nails for the administration of Justice un-
der their criminal code. And thus res
tore the theory, principles and practice of
| the old articles Of. confederation; the e.
wills of which, i'll this respect particularly,
among many others, this constitution was
| Intended TO remove.
twill not affect iIie force of the argyll
mont, in this respect, in the least TO as
seTt or 10 admit, that the administration
of justice in criminal cases, under the
! laws of Che United States, can. with more
safety, he coniided TO the State Tribunals
than to those OF the United States, or lie
reverse it's sufficient thatt be admitted,
the two modes of administering Justice
are materially and essentially different:
that the constitution looks TO, and has ac-
| fualiy provided for one supreme court:
| has authorised Congress to constitute tri-
| bunals Inferior 10 the supreme court, that
! Congress may ordain ard establish a iu-
| dcial system for the United States and
ti:at TO use the judicial system. soby Con-
gress ordained and established. for tie
purposes of administering justice in cri-
minal cases. is, in theory, principle and
! practice, ral'iGnt from the use Of the Judi
| cial system of the states, for the same pur-
| pose. If this be admitted, and do NOT
see how it can be denied by any one. il
follows, irresistbly, that an attempt, such
as IS made in the present instance, to ex-
! pound and enforce the penal laws of Tie
| United States, IN their name ami beknIC.
through the instrumentality of judicial
officer Of this state, is most extraordina-
! ~ perversion of the true theory of tht.
constitution Of the United States, and is
therefore, illegal and void.
The general government is. so framed
! as 10 be able TO act from, and by itself it
sis complete and independent sovereign
~ in az IS operations. But in the onq
instance in which it is authorized 10 call
Oh tho governments Of he several states
a. such, for support, It's right 10 do so IS
clearly and specifically expressed. ~
| fhc Sth section Of the lst article: " tie
| Congress shall have the power 10 provide