Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-07-03

Considerations on The Opinion of The ST.
Preme Coun, an the case Of ConEHs Us.
VIRGINIA.
It is obvious that the argument of tile SUI
preme court rests for its foundation upon the
original stability of state under the Sd article
of the constitution. The only clause of that
article which gices Jurisdictions, the first clause
OF the second section. The subsequent clause
merely distributes that which is given before
The first clause, then, either gives no power TO
summon state before the court i'm any case,
or, (f such a power is implied in ann case,
from the generality of expression,) it equally
exists in all cases. No distinction is taken be-
tween original jurisdiction and appellate iuris-
diction where state is defendant; and the
same arguments which prove the existence of
| the latter, establish also that the former ought
not to be questioned. Hence I'VE are told by
the court, 6 that the clause in question extends
" the jurisdiction to all The cases described
:" without making in its terms any exception
whatever, and ,oithout 0i,y regard to the con-
dition Of the party" {" Ii there be ana ex
=" ception," (even of an original suit comlnenc-
ed by an individual against the state,) +" it Is to
g be implied against the express words of the
article" g In these cases the nature of the
g case is every thing and the character of the
parties is nothing" The broad ground. then,
OF the stability of the state under the original
provisions of the constitution, being the basis
ofthc argument, or inseparably connected with
1t, 1t may not he improper to give it a cursory
examination. | beg leave, therefore, to offer
soiue considerations on the subject as it res
poets both original jurisdiction and appellate
jurisdiction where state is defendant i'm error
Lido not mean to enter upon the investigation
of the appellate jurisdiction assumed in civil
suits between private individuals, because can
offer nothing new upon a subject which has
been so ably illustrated by the ability and elo-
lquence of the judges of the court of appeals
i'll the case of Fairfax and Hunter.
| The question of original Jurisdiction, i'm cases
in which claim is asserted by a citizen of
another state or foreigner against s. ate, is
cmphatlcally the question of the STABILITY of
a state,' and the affirmative has been maintain
ed by the courts of the United States on two
occasions and on distinct grounds The SUI
preme court in 1898, are believed to have
avowed their jurisdiction in the case against
the state of Georgia, because they conceived
that the words " between a state and citizens
| of another state" &c. embraced all controyer-
sizes Ill which these were the parties, whether
the state were plaintiff or defendant in the ac-
ton. The passage of the 18th amendment to
the constitution having put at rest this con-
struction of the constitution, the supreme court
take new ground, and assert their jurisdiction
under the generality of the provision that the
Judicial power shall extend 10 ALL cases in
law and equity arising under the constitution
&c, so il that any individual asserts against a
state either at law or in equity claim which
arises under the constitution or laws of the u.
States his case falls within the general express
sion of this clause and if there be any excep-
ton whatever it must be implied against sthc
erpreSS ,eordS oftlIe article"
: 1t is muehto be regretted that rigorous
r and technical construction of the constitution
should have been adopted either by the
champions of state rights or the friends of an
extension of federal powers. Perhaps there
never was ali Instrument, to the construction
OF which, the application ofplain and practical
!, principles as eontradistinguished from meta
physical rehnements and philosophical subtle
ty was more necessary than to this. The fun
damental law ofthe government at least should
, be construed, as men Of plain understanding
: would interpret it. Yet we find one party Civ
!, ing to- every wOrdits MOST circumscribed sense
while the other attributes to the terms which
are employed, the most extended Specification
ofwhich they are susceptible. The politicians
of the first school so refine away the powers
of government, that upon their principles il
{ could never have gone into operation. The
: motion ofthe entire machine would have been
arrested by the speculatibns of some dex-
ferrous hypercritic. On the other hand, the
tavourers impIiedpOwers would break down
all the barriers between the state and federal
!. governments,and leave no limit to federal pow
or but federal necessity or federal WILL Either
course is inconsistent with fair construction
and wherever we find that this minute atten-
ton to pathological accuracyle leads either to alb
surdity or the overthrow of the principles o
|, the governments it is the part of good sense
! to abandon it. We must correct our dead.
reckohing by more enlarged observation. We
must eDdeavOtir among tie different shades oil
nednlng of which language is at all times sus
ceptible, to discern which ofthein is most com
patIble with the great scheme of the trainers o.
I, this conlederated government.
( There is | conceive another error very bre
!. valent among the advocates of the extension
of the powers of the general government
They look upon the constitution rs n perfcc
G instrument las having provided for every
. possible case as having omitted nothing which
s according TO their view Of the necessities o
e the government ought TO have been conceded
. and whatever therefore is not to be found il
y so many words,they presume TO be implied il
some of the general provisions Of the instru.
4 nent. But tie compact of union was framed
: under circumstances which forbid this opinion
of its perfection. The convention by whicl
. II was formed was composed of men of very
i conflicting views and opinions. In the sam,
II assembly weTetO be fouudthe mOnarchcalten
e denotes of Alexander Hamilton and the uful
b siblc republIcanism of Georgc Mason I; the on
~ disposed topreserveinfu full vigOur the sovereign
ty of the states the other pursuing with un
. firing zeal his fav0urite scheme Of consoIida
= ted government, in which the members Of TN
n confcderacy were to be reduced TO the grad