Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-03-20
Dncls,oN OF rne SUPREME couRr

This l. writ az error 10 "A ,udpmeni
rendered III IN Court If Hastings tor The
Borough al Nuiiulk. en- an Information
10. sehin. lottery q, aeis couiiar, 10 az
ari ct fi,v legislature Of Virginia. IL the
state court The Geiendaui rlsiuicd The
pi election ol an act 80 Congress. A case
Was agreed between the parties. WHICH
states the aci ot Assembly on which the
prosecution aas founded, ard lbe act of
Congress, on niiicn ia, defendant rshed.
and concludes In these words -" Il unou
this CASE The court shall be oil opn:ou that
,he acts oi Congress before meuiioupd
are valid and 1u Jhe true cuusiruciionof
these acts, ihc lottery tickets sp,i by he
defendants as aforesaid nngi,t lawfully he
sold Within the state OF Virginia, uu,wiib-
standing HE act ar statute at The general
assembly ut Virginia prohibiting such
sale, lieu judgment to b. euiered fnr The
q tendau,s: Aud If ,iie court should b,
OF opinion that the statute or at Of the
general assembly OF the state OF Virniua.
prohibiting such sale is valid, uoiMiih
standing the SAID aets o! Congress, ,bcm
lvdgmeu, to tie entered that the defend
ap,s ARE guilty, and THAI the comsnn
wealth recover against them onr hundred
dollars and costs
judgment WAS rendered against tie
defendants aud The cour'is which i, was
rendered brlns The highest court If The
stale IN which The causo was cogn:zable.
the record has been brough, MO i!Iis
coutt by VIII Of error
The defendant III error moves To dis
miss this WIT for want of jurisdiction.
In support oil Ibis nation, three points
have been made, and argued with the
ability winch The Importance OF The ques-
Ton metlis. Ihea' points are
1t lha, state Is a deien ap,.
~. That pa writ OF error hes !rom lila
cour, Ia a stat court.
Sd The ih'rd pnIs' has been presented
IN dit rent iorms bs the gentlemen who
have argued 1t. The counsel who Opened
the cause, sai,' tlia; The want 81 iur,s,iic.
ton VAS Shown by The suffice, matter of
the case. The unset who follow ed him
sad, That ~; isr!ic,ion was no, gwen by
The indiciai aci. Tn" court has bestowed
all ITS attention on The Arguments OF boz.
gentlemen. and suppnscs that their ten.
dency i To show that this court has no
jurisdiction of tie case; or, in other
words has no right 10 review The iudgmen,
~ The state cUGri, bpcaNse neither the
constitution n"r an, las Of The II. States
hae been violated by that judgment.
In questions presented 10 The court
by HE ~" FIRST points made al the bar.
are OF great magnitude. aud tnay b ,rult
SAID vi'aily ia affect the Union They
eNclud" the enquiry VII, thcr the ccuslitu
'lou and laws OF the u. 5 llavr been vio.
lated BY HE judgment which HE plaintiffs
it cflOf sch :" review: and maintain thar,
admitting such violation. il Is not Ia iat.
power al tie s"vernm' hi 10 apply corr
Grlt t.. 81
does not possess q partmtni capable OF
restraining peaeeabll, and by authority of
law, any attempt which IRA, be made.
either Intentionally or inadvertently. b, :,
pafi, against the Legitimate powers ofihe
whole aui 'tai lie gov rnmrn is re
ducrd I The alternative of submitting 10
s"- b al empts, or ot resisting ihcn by
force. Ihey maintain ilialth Constitution
OF The u ,. has provided no tribunal Tor
lie hnai construction OF itself, or Ut the.
laws o: treaties OF the nation; bui Thai
;hi> power may b. ex +, ised IN the las,
resort by the courts ct every state in lbe
Uulon. HAT tie constitution, laws ana
treaties, Hay receive as many cons,ruc.
lions as there are sinifs: and that This IL
noi Il M!' chiei, or, II \ mischief, is IRENE.
d'abic. These abstract propositions are
t. be determined for be who demand.
decision without permitting enquiry, AT.
hrms tlat The decision he asks does mol
depend Oh enquiry
lisnch betb constitution, il il the dutv
OF Tie court 10 bow with respectful snb'
mission 10 lis provisions. If such be- no,
the Constitution, 1t Ia equally The du,y of
tb'S coGri To say so; and 10 perform Thar
task which The American people have as.
signed To The judicial department.
IL. The first question TO b. considered
Is, whether til Jurisdiction ~ tb,s cour,
Is excluded by The character of the mar
lies, one OF them b ing a state. and tine
other citizen Of Ihar state
The second section OF HE third article
OF Tie constitution defines To- extent %!
The judicial power Of Use u. s. Jurisdic.
ton Is given 10 the courts of the Union
III i've classes cases. IT, the frs,. ,l,eir
d p"pds on the character of
the cause, whoever may be the parties.
] ms class c"mprrheUds AL cases IN law
ana equiv arising under This constitution.
III" laws 81 The U. S and iieatirs made.
Or "hIch shall be made, undrJ heir an,
Ih0niy. Tbs clause extends HE inris- !
diclinu OF The court 10 all The cases de-.
'crib"d. without nlatiug in its terms any |
Inception "haieVtr, aud without any re- |
gard TO The condition of HE party. IT |
"eTe he any exception, il is to be implied |
iSinast tie express words of The article.
10 ihe second class, ihr jurisdiction de.
,euds entirely on Tie character of The
'asiles. ln This are compreheuded "con-
roveJsIfs between two or more states.
Iet"ten state ami citizens of another
tate, AN " between state and foreign
i"tes. cii:zenS, or Subjects" II iIiese he
he parties. II Is entirely unimpnrianl
hal may be The subject Of controversy
- II What IT may, these parties have a
Ia come into the courts
4 the Union.
The council for tIe defendant in error