Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-06-01


The court sees great evils resulting fror
uhe different constructions, which NAV. pro
nabiy, he adopted by the several states. m
results from our being 4 congeries of fro
| ANA Independent governments from ~,
having the happiness to form federal ~
public. The only remedy forit is, by win
ing out the state governments, altocetha.
and establishing one great consolidated en-
| pre-. This diversity of opinion, and of do
cision, is better than an uniformity. wbiclu
inaS be grinding and deadly to our liberties
III Is better that liberty and state-rights shouldu
| DC maintained, in some states, than no where
IL is better that the legislature of Virgin,
| should soleinnly protest, against federal laws /
| invading her laws in favour of the moralit,,
oil her people, and against the decisions un.
on them, than that they should be trampled5
under foot, IN silence, by the federal autho
! riues. 1t Is better that her courts shoplJN
maintain their true and exclusive jurisdiction
as was hrmy, and constitutionaliy, done, nh
the case, Hunter against Martin, than tbas
the boundary lines of the states should IN
forever obliterated, and that great common
wealth considered, only, as district of the
United States, and her courts, as, only, infe-
| nor federal courts.
That uniformity of decision with which
u
ed, may have its advantages, but even thev
may be purchased too dearly. They ought
not to be purchased, by dispensing with Che
necessary parties, TO alllegal controversies -
nor by breaking in upon, the judicial indie
penuence OF other states. They ought not
10 be essayed, in cases in which the supreme
court can neither enforce itsiudgmcnts, in the
regular way, nor even compel copy of the
record, upon the writ of error.-In going in
ques! OF this uniformity, the court should
MOI sh'lt ITS eyes, upon those impossible bar.
riers which exist, and should ever be main.
tanned, between the general and state go
vernments.-As for this uniformity. howe.
yer, too much stress seems TO have been
placed upon it. Uniformity of decision il
not SO desirable, as rectitude Of decision
Inc former is bauble when compared ID
the latter. The former suits the meridian of
uespouc the latter, that OF free govern
| ment.
The court complains of penalties, which,
II says, may be uniustly inflicted by means
Vi me state authorities. 1t is incident 10 all
penal laws, to be enforced by mems Of pen-
;,llies. lfihese laws are i,st AMI valid TN.
penalties enforcing them are not TO be com,
planned oil. OF the validity ofths powers of
the states, touching their penal laws, In.
supreme court are not the exclusive iudges.
Ihey cannot be SO, unless, in contest for
powers, under Il compact, ven admit that
one oil the parties is 10 C0nstiue the conn
pact as he pieases.
The supreme court next supp6ses, that The
legislatures, and people of the states, will i'm.
olbe improper prcludices against the rene
raj government: that the state iudiciarios NAV
moi be exempt thcrefron, and consequent
y will not form perfectly impartial tribunals.
Why should these prejudices exist, in any
OF those parties, against the government Of
their own creation If these preiudices.
however, do exist on the part of the people.
inat is OF the whole people, they are, proba-
bly honest preludices, and are, therefore. net
TO be objected 10. II, on the contrary, these
preJudIces are confined TO the state Judi
Charles, neither will the federal Judges be ey-
empt from their preiudices. Their prejudi
ces VIII be on the side of power and of "the
government which feeds them. 81 ,etrAcTs
speak upon this subject. Did not the fed,-
raj Judges lend themselves, as willing instr,-
ments, to 2 corrupt congress, toenforce Inc
infamous seditOn law Did not they. ur
der that law, and in tive very teeth of the Grst
amendment TO the constitution. incarcerate
several OF our citizens, and break down, en-
urely, the freedom of the press Has not this
very court, IN this very case, manifested its
Willingness to extend the powers ofthe cor
Poraton OF the city OF Washington, into the
heart OF the states whenever conrrass shall
give TO ITS ordinances that form, and that ex
tension and this, TO the total overthrow Of
the reserved and salutary powers of the Sc
verai states ? How does il haDpen. but from,
these prejudicos, that republican men. placed
on the bench OF the supreme court and VIII,
had passed the ordeal of Ihoinds jefferson.
have abandoned their former politics : HIVE
they not rebellcd against the principles offhe
glorious revolution OF 1899 How else is II.
thai they, also, 90 all lengths with the ultra.
federal leader, who is at the head of their
court Thatieader is honorably distinguish
ca from most of you, messieurs Judges. He
Is true TO his former politics. He has even
pusheu them TO AN extreme, never until now
anticipated lie must be equally delighted
ana surprised, to find his rePWJiicon brothers
gong with hlm.-ilOw is ii, but from these
preludices, that they 60 with him. not only
as TO the results OF his opinions, but as TO ali
the points and positions, contained in the
most lengthy, artful, and alarming opinions
Ii would be miracle, indeed, if these 0r,1s,
republicans did actually concur, in all points.
IN these outrageous doctrines. This is NOT
the case. The very federaists, themselves,
iinso long Journey, would dissent and differ,
in some of these multifarious, and daring 20
sltlons.-How else is il, that these Judges
have abandonedthe practice of giving ssriattm
opinions pa practice so essential to their
integrity and independence If the corrupt
opinions of courts, form proper subjects of
impeachmcnts,-and God forbid they should
not!-this union ofopinion whites down the
responsibility to nothing Every corrupt
Judge, IN such case, becomes witness for
every other.-The prejudices which the SUI
preme court, have, without evidence, imput-
ed to the state judciares, have, also, fellow
citizens, the most unbounded sway among
Themselves. They, also. are frail and fallihln