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

the fsee,ai sno state legislatures; The s,ae
have authority TO Iegsate all state concerns uiihou
being controlled by Congress- The state Execuliyes AZ
NOT subject 10 the orders OF the Executive OF the
oates aud tue state judiciary judge, a. contend, sab
ect 10 ne appeal TO the Judiciary Of the United States
hen the federal government 10 government sine
Supreme Court of the United States aud .at- court
are courts OF distinct governments aud. therefore
mere Is No appeal from the one ts the Other.
Although the state courts shou ID maintain concur
rent lursdction with the federal courts yct
would have what. before the adoption Of the consiitu
non they had mol, choice Of tribunals fore which I,
bring their actions aud The Judges are nov
Dy treaties as supreme law. n an alien plaintiff sue
In the state courts ought to be bound b, their de
cisi'n- and, Is an alien IS sued in state court h,
ought to be bound b, the decision Of the STATE in
ne resides OF snjourns which protects him TO which
NC owes temporary allegiance and whose laws he
should yield obedience. The people could not. ave
intended TO give strangers doubie chance 10 recover
while citizens should be held bound by the first deci
sion that the citizen should be bound BY the
OF the state alone, while the stranger should moi be
bound but ny the Judgment OF the STATE, aud also OF
Tue united States statute contrary 10 reason, Is
void. An act OF Congress which should violate the
principles Of natural Justice, should also be eec,ntd
v"id Hnworthy Of consideration whether this clause
IN tue judicial ac,, which grants an appeal TO nne par
~ and denies to The other, is not voia being par
tial and unjust.
H. in any brought before them the STATE court.
shall not have jurisdiction the defendant may plead to
The Jurisdiction and the supreme of The state viii
hnally decide the point. 10 this |, suite irn secu
ry for Justice as apprebend IL u.s. an N, To
the consultation may provide another remedy ~ the
Of he uFl
aou tases chance OF far trsi IL is rsa,ons e
he should be bound by the result.
deny to this court authority to remove by writ
oi error, cause from state court, So .e DENY
The authority Of this court TO vrInnve before Iudg
ment, from state conTt, suit brought therein Ii
w be equally invasion of ibs turI,dctton of The
state court although less offensive Il, form, than ,r
mova alter Judgment has been rendered. as
CONTEND can netnef regulate the state courts touch
them b, regulation.
Let the Supiem. Court declare dor it is Judi cia,
question: what cases arc within the exclusive jasdc
ten OF the federal courts by The constitution let
congress pass TIE necessary aud proper laws for carry
ing that power into effect Although do nor admit
that the state courts would be absolutely bound by
such declaration, yet have doubt that the state
courts would acqussce u Is jurisdiction over
eerain cases that the state coar contend. 1t is for
independence In the exercise OF the Jurisdiction thai IA
lei, 10 them by the constitution.
Go be Coafinued.)
The commission which sat in London
10 a ,ijudicaie the claims, uuder MIR. Jaws
treaty, never was equaIIed for The talents
and learning, which composed il. Ex"
cepi colonel Trum bull, who was the iiltn
commissioners, aud designated By loi, The
board consisted OF professional talents of
the first order. 70 the make.weigbt,
which the lot assigned 10 US, instead o,
the British. there Is every reason tn be-
lieVe II IS owing, that we got any more
compensation, under the treaty, than ex
ceeded such paliry sum as five hun.
dred pounds sterling, instead Of the very
great amount, which was awarded and
paid, So uncertain are the results of liza,
tiOnal commissions.
The commissioners under the Spanish
treaty, now ratified, ought, if possible, 10
be ot an equal grade OF distinction, ex-
cep', that an eminent and impartial mer
chant, conversani IN the usages of the
Spanish trade, ought 10 occupy the niche
appropriated to The distinguished painter,
III The other commission. lmparlialliy
and talents are OF singular importance III
forming this board, on account of the
snares, that have been set to enrrap lis
intelligence, and almost the certainty,
That the fund OF five miIions will be in.
sufficient Ia meet the claims, which, al.
ter fair examination and enlightened
adjudication, may he fonnd due. What
ever ignorance or corruption may there's
tore be made the medium Of giving 10
him, 10 whom II is not due, must be with.
drawn from him TO whom it IS, at least
III some propoTtioH. But The evil does
moi terminate here. The indiscrcei cx
ercise OF the powers Of The commission
may, and naturally will recoil upon the
treasury, through the justice of the mar
ed TO Tor The supply OF DEFICIENCIES, after
the exhaustion OF the fund allotted.
Ii is true, that as general principle,
a nation is not bound. 10 compel, al all
events, foreign nations to comply with
the obligations OF justice towards lis citi
zens, because this might mol fall within
the compass of lis power; and where the
point was doubtful, il would involve al
least the hazard Of The national existence,
in the attempt, In like manner il Is not
bound To repair, in favor of its citizens,
the ravages of foreign enemy YET from
compassion { or peculiar suffering. or for
reasons OF state, 1t sometimes dues So
hui there is a separate aud distinct prin-
cipie, which forms striking exception,
applicable 10 the remuDeiating clause Of
The Spanish treaty, aud involving the un.
protected interest of our merchants.
They have been doubly sacrificed First,
claims of indemnity upon France, which
had been most uDdeDixbly exchanged
for the extinction OF he mutual guarau-
Tee OF tle territorial possessions, have
been revived and uDjustly included in the
five millions indemnity OF the Spanish
treaty. Since therefore we received n
compensation in the abolition of the qua
raDiee, nothing is clearer. Than that we
ought to have pail our citizens for the
sacrifice of their individual rights, to re-
alize general ana mos, important bene-
fiji TO the nation. The contrary suppo-
siiion would i,aport, that private rights
might be sacrificed, or rather conjfScated,
10 public use, without compensation. IN
a deliberate bargain for patue received. >.
These claims therefore stand obviously
misplaced upon the Spanish Fund.
Bat the equitable considerations, at.
tending the conclusion of the Spanish
Treaty. are equally loud ia the appeal they
sustain, for remuneration of the claims,
whose deficiency OF compensation has
been surrendered by H. aud thus render.