Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-10-27

who advised ii:a, he should consul, will
Two gentlemen Of tie bar, both neu O
much Distinction. aud employ them Z,
I. appear on behalf Of the State, before th
Supreme Couft. We presume the Stat,
will protest ia the first instance ayains
the jurisdiction of tile Court itself.
We are advised, IN fact, that there ar,
at least three points, Oh which this cas,
may fail.
In the first place, We suspect, tia
the borough court of Norfolk is moi N.
highest court OF law in " hicii a decision
in the cause could be had, under The a5ii
section OF the judicial act OF Congress
but that a writ of error might be granted
from the borough court TO the supcrio,
court OF law for the coun,y-and after.
wards from that superior court to the
general court. This objection alone may
quash the proceeding.
But we suspect IN the second place,
that more solemn objection exists a
couri, in the dragging one Of the United
States 10 its bar. According TO the I'd
sec. Sd art. of the Federal Constitution.
The Judicial power shall extend 10 all
cases. in law aud equity, arising under
this constitution, the laws of the United
States, and treaties made, or Which shall
be made, under their authority TO all
cases affecting ambassadors, other public
ministers aud cOnsuls /; to aii cases OF adj
miraliy and maritime jurisdiction; 10 cou-
trovcrsics To which thc u. ). shall he par
| ty; Ia controversies between Two or more
states, between state and citixens 0f an
o'her state, between citizens of different
states, between citizens of the same state,
claiming lands Juder grants of different,
states, and between state or the i,izens
! thereof, and foreign states, ci,izens or
subjects"
Startled BIZ decision made b, the Su-
pren Court under Ibis clause The con
s!iiuion, the legislature f Virginia, as
early as the 81 Dec. 1893. came TO the
following resolution
" ResOtred That "A state cannot under the con-
stltution OF the United States. be made a de-
PENDANT at the suit of any individual or intivi-
| duas, and that the decision of the Supreme
Federal Court, that state ni,y he placed IN
| that situation, is incompatible with, and dan,
| gerons TO the sovereignty aud Independence of
| the individual states, as the same tends 10 a
general consolidation of these contederated
| republics.
= Resoirrd Unanimously, That the Senators
| representing this state in the Senate OF the u
states, he, and they are hereby instructed, aud
| The Representatives requested TO unite their
| utmost and earliest eAertioms with the Senators
and representatives from 0therstates coimcid-
| ing IN sentiment with this state, 10 obtain such
| amendments in the constitution Of the United
States; as will remove or explain any clause or
| article OF the said constitution, which can be
| construed 10 imply or justify a decision. that
| stateis cnmpeliabie 10 answer in any suit by
an individual or individuals in any court of the
| United states; and that the Governor is here
| Dy requested To communicate the foregoing re-
| solve :" the Supreme Executives of tile seve-
hou "A Il
| OF their respective legislatures
During The session of 1893 4, Congress
| proposed an amendment 70 the Consli-
tuition which WAS ratified by a sufficient
number OF the states, and nov forms The
1lth amendment-ii is in these words ::
The Judicial power o! the United States
shall not be construed TO extend to any suit
In law or equity, commenced or prosecu.
ted against one of the United States by
citizens OF another state, or by citizens or
subjects ct any foreign stale.'-The sua-
bility Of a state by her own citizens. in
the courts of the u. States, does not exist,
because it is not recognized by The Fede-
raj C0ns,iiuiion.-Sow therefore, there
is strong reason 10 believe, that the case
before us is III the very teeth OF the con-
siitution.-if SO, this summons TO the
Commonwealth of Virginia is irregular
and mas, be dismissed.
The 3d ground on which this case
may be quashed, is because of the alb.
surd principle on which the claim 10 ex-
cmpt these lottery tickets from state fax
alton must rest-the opinion of the five
lawyers 10 The contrary notwithstanding.
| We state these facts TO inform and :
rouse the people. Arise, or " the Psiiis-
tines will be upon yOa."
| The Philadelphia Press iniimates that
an Electoral ticket had already been "a
| greed upon, printed and cent 10 every
county in the State, which the citizens of
| Philadelphia we're Tor mere form-sake in.
viied 10 consider OF The Dist inst. This
ticket is in OPPOSITION 10 James Monroe
and the invitation is headed anti slave
| fy." We will not persuade ourselves for
one moment that The enlightened people
Of Pennsylvania could coun,enaDce such
"A principle. On that ground, the whole
southern and large portion OF The wes-
tern country are put under fhe han, and
are deDiedtIieir common rights of citizens,
because they have slaves. On the same
principle, Washing.on.J flersOn and Mad
ison were equally unfit 10 preside over Tie
union 1t us he done with this fana,ical
and dangerous dist'nctioD--there are in'c
rested men who seek 10 keep il up-ihat
they may profit by il. But these men love
themselves more than their country.
---..ezcD 81 0TSA @ -ssz
COMMUNICATED
Departed This life on Sunday night the s,ll
inst. at Bush Hill, Charles City county. Misc
-. =