Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-06

i"e'e are lew questions IN the whole range OF the
judiciary department, which are so important as The
one now before us.-The General Court IN eet on The
lot inst and we shall be sure to report their decision
upon 1t TO the public.
FOR THE ENQUIRER.
Inc annexed bill is such rs, in my opinion,
ought TO he passed by the next Legislature have
aiso Supposed that ought 10 he published as pro-
JET. lis course brings the subject at once before
The Pcople-This paper least has the advantage of
eo"de'"ag the arguments briefly on this interesting
topic; and shews why mere protest would be insult
hcient, ii not delusosy.Ifin addition to suchx, mea
sure as tins, or even withoutt, the Virginia Delera-
ton in the next Congress would move the rencaI Of
the tieenty.f Section OF the JudicaI Act, il mipb,
serve to arrest that food of encroachment. which is
sweeping oil the rights of the states into the ouIf Of
| consultations
A BILL, prohibiting and furnishing certain of
JeaceS, Injurious to the rights and indeDeu-
dence, ofthis Commonwealth.
WHEREAS, the Supreme Court of the u
nlted States have, in and by their decision. in
the case of Cohens against the State of Virg;-
ma, asserted right in that tribunal, to reverse
Judgment rendered by the courts of this
commonwealth, between the said Common
wealth ana one of her citizens,-in equal def
ance of the principles of the federal compact.
whicn mas granted no such power to that tri-
bunal of the solemn and unanimous decision,
OF the court ofappeals of this Commonwealth.
rendered, upon great consideration, in the
case OF Hunter against Martin devisce of Fair
lax and OF the protest of the General AS
sefholy oil tins Commonwealth, solemnly en-
tered, at ITS last session, whereby il was de-
cE'reu, " that the Supreme Court of the Unit
ed states does not possess appellate iuris-
dictioh, III any case decided by state
court AND WHEREAS, also, the said SUI
preme Court has sustained its jurisdiction. in
the instance aforesaid, between this Common
wealth, and one gifts own citizens, in a case
OF nigh Importance TO the moral and fiscal o.
conohy Oh the said Commonwealth in T.
quai deroSaton of those great principles
which preserve to all free Commemorative
lne decision OF controversies arising between
them and their own citizens, and the spirit
of the eleventh amendment of the Constitn-
ton, of the United States, whereby it is pro-
vlded, that the judicial power of the United
States, shall not be construed to extend TO
any SUIT In law or equity commenced or pros
ccuied against one of the u. States by citi-
Zens OF another state, or by citizens or sub
Jects ofany foreign state :" provision. which
has been wisely deemed essential to the main
tenance ofthe sovereignty and dignity of the
several states, of which orr confederacy is
composed, and which holds with increased
| lOrce, as aforesaid, between those states. and
thcir own citizens AND WHEREAS, also, the
SAID Supreme Court has, in and by the decis-
iop Aforesaid, asserted the supremacy of the
laws OF the District of Columbia. (,vhs nsoever
congress shall give to them that form and
That exteDsIon,) over the laws of the several
states of the Union, however vital and impor-
liant to the Interest and safety of the said
states, those laws may be a pretension which
IS equally reprobated by the actual grounds
and principles, which brought that district in
10 existence, and fatal to the Just rights and
| independence of the several states Avn
WHEREAS, also, the said Supreme Court. has
IN sundry instances, set itself up as the eycl1-
sye arbiter of important powers contested be-
tween the general and state governments: I'M
der the constitution equally without anv
grant of authority TO that end, conferred upon
u, by that instrument in the teeth of the prin-
cIples OF the revolution of 1899, whereby the
construction OF the constitution, in this parti-
GUAR, was sOlemnly settled and declared by
the suiirages of the American people and in
derOgatiOn of the golden principle of eo,,itv
which forbids one of the parties to a covenant
or compact, TO determine, finally and excIu-
slvely, the extent of its rights, claimed under
u: AND WHEREAS, while the General Assem-
bly, of this Commonwealth, has not been un-
mindful, in past times, of the high duty impos-
ed on 1t, of guarding from violation, the sa-
cred rights of their constituents, guaranteed to
Them by the constitution, and have, accord
In6ly Oh sundry occasions, entered their so.
Tenn protests, against the usurpations Of the
said Supreme Court, and of the general 70
Yernment, and have, also, submitted the subject
matter OF their said protests, TO the considera-
hon OF their American brethren vet, as a
mere repetition of the protests aforesaid, may
be equally endless and unavailing, and il is al
SO deemed indispensaby necessary in this
new and aggravated state of things, by which
the very existence of the state governments
arc put IN peril, TO support the protests afore-
said, by penal sanctions, calculated TO repress
the mlschiefs aforesaid, and guard the unaIien-
able rights Oftbe states, from utter annihiIa-
ton:
ne therefore enacted, by the General As
sembly, that all and every person or persons.
who shall enforce, within this commonwealth.
any Judgment or judgments of the said Su-
Preme Court or ofany other foreign tribunal.
which reverses judgment Of the courts of
TINS commonwealth or who shall enforce.
within this Commonwealth, any act or pre.
tended act Ofthe legislature Of the District of
Columbia, contrayenng any ofthc statutes of
'hs Commonwealth, or any ofthc judgments
oil IT'S courts, enforcing the same or who shall
enforce, within this Commonwealth. any
Judgment or judgments rendered against this
Commonwealth hxy fbo -..;d Co.,. g..