Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-03-20

ton ot either. Congress seems 10 have
Intended 10 give it, own construction az
Tins part oi The constitution in The 25'h
section # The judicial act aud We see
no reason TO depar, from ihar consiruc
lion.
The jurisdiction Of the court. then.
/ being extended bN the letter oi The con
| stuu,ion To all cases arising under IL, or
under The laws oi he II. S. il fellows
Ina, those wl,o wumli withdraw any ease
~ this description tro@ that jurisdiction,
! musi sustain HE rxempiin they clam
on thr spi'.I ant true meaning at The
constitution, which sph,t aud true mean"
| isg mus, be SD appa:en, a. 10 override
| III. words which lis trainers have EN-"
pioycd.
The counsel for the defendant in error
have undertaken 10 do this and have
laid down the general proposition, ina,
"A snver, IN ind pendent state is not sua
bic except by lis own consent.
! This < neral PROPOSE ion will moi b.
con,ro,ei,sd. Bui its consent is not re-
! qrisiie in each particular case. L. may
| be, given in a general law. And If a
stale has sulr,n' cred aey portion Gifts
sovereignty, The question whether q liza
hiii!y tn sun be Il part Of this portion de
nds on The in>tfun eat by which The
surrender is made II upon just con
! siruc'ion or that Instrument, il shall ap
pear that The state has submitted 10 be
su u, then II las paited with this sove.
reigu right of Judging in EVERY case on
The Jus'ice OF lis own pre;enslons, and
| has entrusted that power TO a tribunal III
whose impariali'y il cenfiies.
! he American staIes a. well as tie 4.
mcri an people, have believed a close
| and firaI union t. he essential 10 ihrir
| liberty and Ia iheiS happiness. T;ey
have been ,augh' by experience, thar
this luton caanot exist without a g.
vernsnrni for the whole; anu they have
been taught by the same experience HAT
this government would be mere sha-
dow, ,hatma-i 'fisappnin' all tlrir hopes
unless invested with large portions o.
that sovereignty which belongs io imde.
| pendent states. Under the influence or
,his opinion, aud thus instructed by.x.
perienre, The Amer an people, in III,
COW ntinns OF iheis resp, Give states,
| adopted the present cons iiutirn.
| IL II could be doubted whether from
lis nature, II we're not supreme IN al "a
ses "AeT" ~ / empowered 10 act, TINS
| doubt would be removed b. he Ciecia
| ration that Ibis constitution. AMI III,
laws oi the u. S wbi,h shali be mate
| IN pursuance thereof, and all ir.aiIt.
made, or which shall be made. und
the authority OF The L. S. Shall berthe
supreaic iaw OF The land: an lh ia lye,
III every sia'e shall b. bound iher by
any hing IN The constitution or * s oi
| a"y sta'e 10 the CONTRARY nctwliiisland~
ing"
| THIS Is the authoritative language Of
ne american p"cp'e and, u g.i IT, a,eu
please, at The American states II marks.
mes st ,,<.
Characteristic distinction between the 20
y"rsmtnr of The Union, and those ~ lie
states The General Government theng.
lini'ed as to lis objrc's, Is supr me VITA
respect Ia those objects. This prIncIpir
Is part of The constitution ana II Their,
be any who deny It's necessity, uune can
deny its authority.
10 this supreme government amply
powers are coufided and. II II vere pos,
s'ble IN doubt the grra, purposes to-
which ihry were SO coufiart, the % ople
OF b. y s. have declared liza, Inv are
We" IN order 10 form more prIiec,
union, establish justice cen ure dnnltsIc
tranquility, provide 10, be common de.
fence, promote the general welfare, and
secure the blessings oi liberty 10 ihem.
selves and Their p0sierny."
With The ample powers conf ed 70 this
M perpOses, are connected many ex.
press an" important Limitations N the
sovereignty of The tales, VIII, h are made
Tor Tue same purposes The powers Oh
thc Union on the greai subjects Of war,
peacr, and commerce, Il on many others.
are Ia themselves limitations of The So.
vereigniy OF The state bur IN addition TO
lhesf, The sovereignty of the states j.
'urftnueTed IN fnanv Instances W here the
surrender can only operate 10 III, b nttit
of the people, and where, perhaps, no
other power IN conferred or Congress ti,an a |
conservative power TO maintain The principles
established in the constitution. The maiut.s
nance OF these principles in their pntlty is
certainly amOrg the great duties of the 20. |
Vrtnment One of the Instruments by which !
ms any may be peacpably performed, is the |
judicial depsrl Ii is authorized 10 de !
eide all cases Of every description arising mn /!
der the constitution OF laws OF the H. States |
From TINS general grant OF jurisdiction, no ex- !
ceriinnis made OF those case, IN wlIrb stafe /
may be party. When We con ider the sj- |
tuaIiGn OF the government OF the Cnion and of !
state III relBlIon 10 each other, the udtnre
OF cur constitution, the SubOrdiraiion OF the |
sln'e governments TO that constitution, the |
great pnTpOse Tor which jurisdiction over an |
asses arising udder the construction and laws !
OF the Uhit-d ota'eS ~ conf ed 10 the iudi
ciai department, are we at liberty TO insert in
nus general grant an exception of those cases
III which state may b. d party2 viii The
spur OF the constitution justify this attemot
10 control its woTds1 We ibimk IT will nnt.
We think case arising under The constitution
or laws OF the United States, is equitable in
HE courts Of the Union, whoever may be the
parties 10 that case.
Had any donbi existed Nth respect TO The
inst construction of thus part of the section
that doubt would have been removed by the
enumeration OF those cases TO which the lung
dictiOn ot the federal cOnIts is extended in
consequence OF The character OF the parties
10 that enumeTdtiOu We find " contT0vprs,es
bttween two Or more states, between "A state