Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-06-22

IN iheupower, 10 prevent The charter nr
lhe Dank OF the United States from la-
ing renewed, or any other bank fron,
being chartered by congress, desiyn.d
10 have operation ei!hin The urisdict;..,,
OF any state, without first having oh.
famed The consent OF The legislature of
such siatrr-"Passed both houses. The
llih January, ISL
j have no knowledge, Mr.. Editor. of
What inav nave passed, m other sia,e., on
nus ah-impor'ani subject. Ii gives me,
however great pleasure 10 quote these
high acts OF the Judicial and legislative
bodies, of The respectable state OF Penn.
sylvania. That stale, great in lis popula-
non, IN ITS resources, and its devotion 10
Tue cause oil repuilicanism ought 10 be
heard: andifs principles aud lis doctrines
accord entirely, with those ofihe iaibersot
the constitution.
vi these Two judgments of Tie supreme
courts of the respectable states o, PENN
s,lvania and Virginia, may truly saw.
iiiii they passed. on great deIi,erar,on
aud nnA!tnnonsiy. an, Justified in max
| ins ms last declaration, ly tbs example
oi The supreme court. Far reasons which
may easily be c0niecinred, they have
Wanted that The opinion nov IN aurs-
iion, WAS reDdered unanimously i'm il,ai
cotlrt. We hearlt also sad from another
| quarter anu mo- doubt with The same view
,ha' some OF the judges who gave n, had
| before been accounted repuillicaus ar II
| so, their works would lead u,r la heii4,,
| inai They have changed their poli,,s liz
! thus changing, i!sey have undergone the
comnoh Tate attending The possession of
| power Few men coue cut from high
stations, as pure as they went ia. IL il
| Only me ciSci who can pass, unhurt thro'
merry furnace We read OF atabled den :
I'D ahtieiif 'imrstua): from WINCH were
steh no returning footsteps auita res
ttgia reborsnin." All tl,. victims were
slam as soon as they entered into it.
| Our Judges have met happier fate but.
] y HE information now alluded Ia, be cor
reel, nwould seem That tier politics have
at least BEEN changed.
Ho" alter all tins, Mr.. Eiiior, in This
contest between the head and one Of
me membrrs of our cuItederacy, III This
VITAL contest Tor power, beiweem them,
| can The supreme court assert lis 'eacias,ce
right To determine the controversy. lis
| "tden,cd biu that the J,,iciary of this
country is ~ The dai!y iiab, of far out
gouig That 81 any other. |; often puts lis
veto upon the acts of The immediate rep
resenlaii'es oi The people. Ii in fact as
| Sunes legislative powers, by repeating
laws which line Legislature have enacted.
Ifls has been acquiesced in, and may be
risht but lie present claim, on The part
OF The judiciary, Ia, 10 Civ, Unlimited pow-
ers TO government only clothed, by The
people, with those winch are limited. Ii
claims tile right, In effect, 10 change the
government 10 convert d federal, into Il
consolidated government. The supreme
court Is also pleased 10 say, that thlS i'm
porlani right and duty has been dcyoived
upon n by the constitution.
! II there be clause 10 that effect I'm The
constitution, | wish the supreme court
bai glazed their finger uponli should
be glad TO see 4 sci QUA IN hQc uerLa.
When right Is claiheh by one OF The
contracting parties To pass finally upon
The rights or powers OF another, We
ought ID least Ia expect 10 see an express
| provision toru. HAT necessity Is ncreas-
ed. when tile right is claimed Tor a deDuty
~ department al such contracting pariv.
The supreme court is buI department
OF the general government. depart
mcnt- Is not competent TO do that to v bich
The whole government is Inadequate. The
general government cannot decide this
controversy and much less can one OF lis
departments. hey cannot don't unless
We tread under foot the principle which
iorDids party TO decide his own cause
While as we are told by Vattei in a pas
sage formerly quoted, il is often proper
Tor lie head and Tie members OF comic.
deracy 10 establish all umpire or arbi,ra-
Tor OF their disputes, he also tells us thai
that head Is competent 10 decide The
troubles " hicli exist between The several
members tU0). The head has not In. in.
risdic,ioD IN the first case. because IL is
Interested ;andhaSi in The second because
il isluOt. The head OF The governments, is
entirely disInieTeSied In relation 10 lhe
( disputes OF It's members. Our conStiIu-
+ lion has gone by This principle, IN both It's
aspects III hrSgiven toihe supreme court
inexprcss terms, right TO decihe coniro.
yerSieS between two or more states : IL
itas u0r glven 10 it jurisdiction over lis
I own controversies, with a state or states
II could not give II, without violating a
, great principle and we certainly canuo,
r supply by implication, that which the con.
venlloR dared not 10 express. In deriving
. such a power The least that should satisiI
ut would be an express provision in tlit
constitution. Ii IL be SAID that this powel
I is carried, under the general word .eAten !
/; ing the jurisdiction OF the supreme cnur
: 10 all cases arising under the consiifn
E iion :" HE answer Is, that these word.
! may be otherwise abundantly satisfied
$ they ito moi o6tge us TO violate The grea
4 principle before mentioned. As 10 Hi
S case, The constitution Is a law sn6 grnUiOy
. iege. That paramount law is the grea
principle have just mentioned. A con
strucilon giving by these general words
% jurisdiction Ia the case before us, wouI
II equally subject the emperor Of Russis I,
% the jurisdiction of ihe supreme court
There is another prin 'iple which is ais,
r conclusive. Tie ranko This c0nirovers,
4 between The head and one of tie mem