Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-15
IA tho demand that til. word, which

. - .
answer. they haze already been stated -
The jurisdiction is expressly gwen in the
words {" the judicial power shall extern
10 all cases arising under this constitution.
How does Hampton elude this provision
Not by denying that the. case "srises un-
der the constitution That, not even be
can venture to deny. How Their does he
eIude it , He says that :" these words
may he otherwise abundantly satisfied
But how 8 otherwise satisfied" he has moi
told US nor can he. admit there are o.
Their cases arising under the constitution.
But the words are sail cases" and de-
nv that the word $. some." Can be suhstl-
tuted for /" ALL" or that the word all, p"
can be satisfied if any one case can be
Withdrawn from The jurisdiction of the
court. But the same reason may be as
signed for Withdrawing any or every other
case. As each occurs, Hampden may say
these words may be otherwise abundant
Iy satisfied" What peculiarreason has he
assigned for this case which is not equally
applicable to any and every other His
reason is that the case involves an enquiry,
into the extent of the powers of TIE gene
raj government, and OF state government.
And ask whatcase can arise under the
constitution which does not involve one or
both of these enquiries Let Hampden,
If he can, state the case.
These words then cannot be otherwise
satisfied. Hampton does not mere y con-
tract, he annihilates them.
But suppose him to suce. ed in excluding
from the federal courts. all cases in which
question respecting The powers of the CO.
vernment of the union, or OF s;a'e can
arise, are they 10 remain for ever unde.
cided =? Hampden does not say so. They
must OF course he decided in !the state
courts. H- quotes, as sustaining his prin-
cples, decision of the court Of appeals in
Virginia overruling an act of congress; and
a decision of tn supreme court oil Pennsyl-
vana, (though in this he is mistaken) 10 the
same effect. Ii follows then that great ma
tional questions are to be decided. not by
the tribunal created for their decision by
the people of the United States, but by
the tribunal created by the state which con-
tests the validity OF the act OF congress, or
asserts the validity of its own act. Thus,
in the language of the Federaist, (No. 45)
presenting 10 the world g for the first time,
a system OF government founded on an
inversion OF the fundamental principles OF
all government - the authority of the
whole society every where subordinate TO
the authority oil the parts "a monster ID
which the head is under the direction of
the members"
Hsmpden is not more fortunate in the Sc
cond principle with which be attempts to
sustain this strange construction OF The con-
stitution, although he is pleased 10 term it
conclusive" The rank of this contro-
versy," lie says, between the head and
one of The members of the contederacy,
may be said to be superior to those depend.
ing between two of The members and the
lawyers well know that specification be-
ginning with person or thing OF an inte-
flor grade, excludes those OF superior"
II | could be surprized at any argument
found IN the essays OF Hampden, should
be surprised At this.
The jurisdiction of the federal courts, as
described IN tie constitution, is dependent
on two distinct considerations. he list
is the character OF the cause the second,
the character oil the parties. Ali cases an
sing under the constitution, laws, and trea-
ties OF the United States; all cases affect.
! ing public ministers and all cases I'll ad-
miraily and ma'nime jurisdiction are
cognzable IN those counts, whoever may
be the parties. he cases OF the second
class depend entirely on the character OF
! the parties, without regard 10 the halure
of the cause. Ii is not necessary that these
two properties should tie combined III the
sane cause, in order 10 give the court Ju-
risdictlou. Ii a case arse under The con-
sti,ution, it is immateral who are the par
ties and il an alien be party, II Is not
requisite that the case should arise under
the Constitution.
But Met uiIough, not the United States,
is the party on the record; and were it
Otherwise, that Circumstance would bring
ov.ln,to n from the