Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-02-15
FOR THE ENQUIRER

IS
FROM the clauses in the con siitu,iou of
the United States, and the act Of Con-
Eress, which appear 10 have relation 10
the lottery case, | think the ioIlowiug
propositions, though they NAV AT f,rsi
bile: "s""e'
/. That The Judiciary Of the U. States.
pr'ma }dcie, have juris diciiop and there.
tore, IN awarding the wril of error. The
Chief Justice has do ne no more than his
duty.
q That although the Judiciary of the
United States have, prima lari. they
have not in fact Jurisdiction of This parii.
GUAR case: and consequently that they
must quasli The writ.
And these positions being shewn il
Will cessarily follow,
3"'y. That the Legislature of Virginia
III speaking npon the subject no,o. will
speak prematu,eIy.
by the constitution Of the u. States. il
appears THAI that constitution and the
laws OF The United States made i'm pur.
snance thereof. are The supreme law of
we iand-and, thai the .judiciarv of the
O"'fe" States have appellate Jurisdiction of
co"t,oceFS'eS 0etween a state and citizens of
another state. except suits commenced or
prosecuted against one Of the United States.
by chiZrns OF another state. The case
OF the COhens, alluded TO in The resoIu.
HOBS now before The legislature, is a CON
trore'Sy 6etween state a,ld citizens of ann
Tier state: and IL il be not co,nneuced or
| prosecuted against tile state, the supreme
court, prima facie. have Jurisdiction.
! That II was not commenced by the ipdiyi-
duais, VIII ceriaiSly be admitted. Is il
then so prosecuted The p,sin,iif IN
error. although called plainiif' in The
| courts, Is there for no other purnose
whatever but 10 defend himself apains,
! The demand OF his sdvcrsar, and no
| Judgment can be entered in his favor.
except tor such COSTS as he NAV, against
| Jaw, nave been compelled tn incur. TO
say then that plaintiff in error prosecutes
smit, when lac only seeks 10 release hlm-
SELF from the grasp Of his adversary
seems absurd. II is certainly true. al.
though II may seem like solecism. that
he comes INTO an appellate court for no
Other purpose in the world than to prose-
cute ms defence. The case then ~ no,
commenced or prosecuted by the iudiyidu.
ais against the state but, on the con.
trary, is confesscdv commenced nv the
! state against The individuals. Aud thus
! think, my first position is established
10 viii That The supreme court. pima
fdcie. ilave jurisdiction Of The case; and
HE Cblef Justice, in awarding the writ
has done M more than his dnte the
prlma iarie evidence OF jurisdiclion being
iullv sufficient to ground that aci.
BY The constitution, il mIlher appears
that Congress have power iocxcrcise ex
elusive legislation in all cases wI,aisoev
er, orer SDch district mat e1ceedihg IT,,
miles square, as may become The seat o
The government 0I The United States
aud that the judicial power OF tic Uniic,
States shall extend Ia all eases arisinl
nader the constitution aud hws of che
United SiTfeS-And IN The act of Con
gress authorizing the establishment, O
the lottery IN Washington, We find
among other things entirely local. il j
provided, " that the corporation OF IL,
ellis OF Washington sball have power (,
authorize, viii The appreciation Of tn
President ofthe UHitcd Slalcs, the drae
InS o' loiicries for the erection OF bridge
and tiiccnug ANY impoTlsn. improve