Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-04-10


several ccurts....ro the Supreme Court,
IL gises original Jurisdiction in two elias
ses of cases to wit, IN all cases affect.
lug ambassadors, other public ministers and
consuls, aud those In which, a state shall, be a
parry; in all tia other eases TO whit h tue
judicial power Ut jhs United States txtesds. IL
gives The supreme Court appellate lnrisdic-
lion, This couri IN the case Of Marbuty rs
Giadison, lis, Craach from page Ia 20 I76 !
thas EXPRESSES itseli in relation to tins clause
81 thr constitution F" Ii Congress remains AT
liberty Ia give thiScouri appellate jrrisdiction,
where the coasti,u,icn i,as declared their in
fisdirton shall be original; and original ju-
risdic,ion, ~herc the constitution has Grclai ed
their jurisdiction shall be appellate the disc
hibution a. jurisdiction made in the con.ti,u.
sio", u form without substance. Again, the
cont says, T" the plain import of the words,
seenis to be. that III one class Of cases, its iu-
ristic.ion is original. not appellate in tue
olher I! isNppel!a'e not original = and accor.
diugIy III ,hai case, which wa. an application
u" ma"dimus To the then Secretary Of State
10 issue cDmriissiouS 10 ccrtaia jnstices of lie
peace la tie District of Columbia, the court
alter distinctly admitting that the parties had
right, vet refused The mandamus upou the
grona,i, ;ha, i, would b. an exercise of original
Jurisdiction that not being one of the cases.
l., which that Kind Of jarisdiciion was given
'"em Ny 'he CONSTITUTION, II Was hot competent
10 Congress 10 Five IL.
i'appears then from the constitution that
where state is a party, this -surf has original
jurisdiction II appeals from the opinion of
this court Just quoted, thai that exclsdes ap.
peIiate Jurisdiction Int "A stale is "A Marty in
Tue present case (; il Is u judgment for pen
atty inflicted tor the violations OF public law:
rue prosecution commenced by a presentneui
VI giand july, carried on h, an mformatiop
ried ny the attorney Tor the commonwealth
shi the l"dCiseut rendered in the uame al The
commonwealth aud tile case has CONE before
th'S c"Wt Oy "a wit OF error. which is surely
Appellate jurisdiction. l., then. when state
1, patty, this court have original ,uJisdic
Uou 70 the gram oforisiuat exclude appellate
jurisdiction ~ III Tins case, as have shewn
state uea party; aud Il AZ have aIso shewu'
W. JURISDICTION "ow claimed is clearly appel
tate, tneo u Seenls 10 me- TO follow as An iIpy.
isahle conclusion, that in this case this court
cannon taAc jurisdiction in this way, if ,hey
could take II at all
Nh list proposition is, that considering the
natnre 81 thiS ease, and thai a state Is party
tie Judicial power ct the United States does
not extend IN the Gaze, aud TINT ,hetefnre
tins ront, cannot rake jurisdiction an all. This
80 cI,ni''di case, both upon principle and
d"h",hy...,A crime 10 defined 20 lie an act
committed or omitted, in violation of so,ne
prbuc i". e mnnoding or forbiddingit. Tho
one iceln th,s case IL one of commission 4
ina'i"n, AZ ta's has been shown 10 be. toineict
pnn,shment rpon this offence. il iherefore
prosecution for crime in other words
e;ln'inAi ease upon authority too, penal
,;n'e a.e CaMeu IN the books criminal &C.
cedeu, that the courts OF the IT, & rarnot
TAX" original jurisdiction over it-ipasmnrh "a
'"a' tight fnliy belongs 10 The courts of the
s,;s,,, 1919 ,aM, nave been violated; and that
y"ftsuiction having once rightfuiiv attached
.nty nave iI.ht To proceed TO judymen, -
en', ~ iheS have no original Jurisdiction T
nave sheIn, ~ The discussion OF the second
poI,', s"at they cannot have appeIiats iurjs
dic:ion, AMI il consequently follows ia; 'ha
cdmnnt have jurisdiction al all
WIN naw endeavopr 10 shew from oene-
u.i,nSnss, IN connection with the iair cou
s'"c pa or tue third article of ths copstitn.
tiou. that wiilo.t reference 10 the nsr,;nnis
character at 'hs case, whether as criminal
or ciVt, The judicial power OF the II STATES
ooes ne; eAtoht 10 IL, on accaunt of The cha,
,sctpr OF one ct The parties in other wn,,l,
necaHse one OF ths parties il a sIoje I hoiJ
" 10 ne AIMING INC aNioms in poIjticy that a
so%e'eisn anh ndepe ndeut staI g ia nor liahie
70 i9H Shit OF any Individual nor amenable TO
aHH Jhhiciai power, without its own consen,
MI me states OF this Union were soyere;an
ana independent, before they became nnrties
va tne ieberal compact: hence 1 infer ,hat
.fe 1uAic'ai powar OF tho United States would
not hEVe extended TO 'he states If il had NOT
2een so extended 20 them go no.n,ne mo, tho
tace @ Ite constitution. But it il can reach
.':ih only because IL is expressly Sirsn in reIa-
s s,on - ,n.m; thenu can only reach them 10 the
sH'thi 10 which It is given. By the origin.I
te1' o. The constitution, The juiiciaI pnser of
,he Union was e%lesded 10 The following csse,
III Wnich STATES were parties 10 wit 10 coutro
1850 e,s,e' po,"eentwo or more states, between
I'm
tween state and foreign states. citizens an a
o.irJectS. The case of contest between n
stare ana Que of iis owu citissu, il rot In,
:, 'Au ;r a., " nus eDnmcra,ion snd consequent
y u me principle which l have advaured
De sonHd one, the judicial power Of ,I,. II
2ta'es, does NOT extend 10 il (: bur. The mi.
Iol =" accession OF This court has bsen. from the
,"Se 10 an DaiIa', 3s2 that ifa party claim
pear upon the record. As that does mot a.
pear npon the record in this case. am ,u,bp
diNed 10 say that the plaintiff, In Error ar.
c cm,arne' o. virginia; 'hru il is the simple
case OF contest between a STATE and ana of
rs own citizens, which I have eud,avonred ~
judicidi power ' u 'e"a'ai
A. IS 'dId horeVer. ihi, The judicial powsr
IS "sc!'Ien ny lie constitution 10 extend To ali
cases In iaw or equity arisi,., md .r ,bis 80,
r'nniion, tbs laws Of Tie u. Status snb frc..
'eS Difde, &C.; and that by reasnn of tba o.
r'e,sion al cases wdeIe the question IS
eIis men uoued in he Constitution. ,I,e feJarsi
JUDICIAL power attaches apon The case nm .c.
c"unt OF the subJec; matter withnut reference
.St"e pa'ios. Notwithstanding Tie iatjtude Of
~, Expression u VIII he seea upon iuuuiFy
tiat ~ The nature Of things. there nm, H..
eome limitation inpO~ ed npon fiiis ,,rnvisin,
Nh.ch the gentlemen saem 10 Consider utiIm
Hed ~ the flfst place there arr oue.,;,n.
,i"S' "' "hich might arise under The con-
SiihiI9n' which its iprms Of the cons,i,r,io,
90 not submit TO judicial coz Diz,uce sn.nnsn
fot eAai"pis, STATE we've 10 grant n t,,le NJ
NOBILITY nav could that he btouObt batnra -
~ 0,'' '''onn1,, a' TO render any effsctu-
aiJtIs'hihti ~ II wefe All Office Of croft
gentismf migh' perhaps say. an inflammation
~ .'s oSlnre OF quo tOTraatO would lie
oui ! ASH mem whether that would lie, in Tho
case which have stated, or whstLer 30 ar
,eTtuaI Judgment conid he resdeIed II iSa
b'te' uAine, which would stlil tem.in. af,sr
you Judgment had denounced il as nocousti.
~ ""t'e qRo wdTrGntO lies, iU relation
-, a., o'ist' nc Judgment ofousfef is followed
" p''cllcai and eifectual consequences.
Agdiu suppose state shonld kees troons or
SHIPS OF var, 10 tune OF peace, or shonld en-
- 80 ~ "hen beither actually invaded
sa'n,.s YioIhiionS OF tie Constitution. as.aiinp