Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-03-06

~. 4. Cohen against lie Commonwealth
9f Virginia. en- urit IF error.
concluded.
Iwillnow examine The second question.
Does the twenty fifth section OF the indi-
cial act comprehend Ibis case, SO that
the court may take Iurisdiciinn thereof (?
In this case The consirue ijon al a sta
tn,e OF tie u. States is said To have been
drawn IN question, aad the decision in
The same court Was against The exenp-
lion claimed by the defendant in that
court. contend that this court has no
jurisdiction, il it shall appear thai he
defendant really had no exemption 20 sch
mp ia the state court, uii,Ier 4 statute OF
the United States. II the act of Congress
has no application, no bearing on he
case, the court has no Jurisdiction. III
The parties cannot, by making an net OF
Congress, which does not affect the
caiise. part OF the record, give this cour
jurisdiction.
will enquire whether the law Ct Vir.
gina, prohibiting The sale oi lottery tick
els, - unconstitutional This court have
said thai :" The Sovereignty of state in
The exercise of its legislation, r. moi To he
impaired, unless il be clear hat il has
transcribed lis legitimate authority nor
ought any power to be sought. much less
10 be adJudged in favor Of the United
States, unless il be clearly within the
reach ofthelr constitutional charter" (g)
This court have also saidti, "ibe souer
reign powers vested in the state govern
menis by their respective conslituti ms,
remained unaltered and unimpaired. ex-
rcpt so far as they were granted 10 The
government Of The u. States" (h) The
state legislatures retain the powers not
granted, and not repugnant to The rx
ercise oil Tie power granted TO Cougi ess
and J presume II Is not dcDieh thai the
legislature OF Virginia possessed. previ-
ous Ia The passage Of the act OF Congress
Tor Incorporating the city of Washing
ton, authority Ia prohibit the sale If lot.
terry tickets M Virginia. That legislature
still possesses the power, unless the en-
errise thereni Obsiructs some means ii,
dopied 10y Congress Tor executing their
delegated powers.
Actions are lawful or criminal as The
laws OF the land determine. Whether an
action dane in Virginia is lawful ar cri.
mnai, depends OH The laws of that state.
unless The action has been authorised or
prohibited by Congress in carr, ing into
execution some power granted 10 ihrni,
or Tie power OF some department, or OH !.
Ger OF The government. The STATE go
vernmenis are charged With The police of
The states. They considering certain acis
as having demOraIizng tendency, have
prohibited them. Shall Congress auiho
rI2e those very acts 10 be done within the
budy OF state
So entirely is The police IF a State 10
he regulated by IFS own laws, that il
Congress faxed licenses To sell lottery
fI.str. r. A
not confer on him who paid il, any au-
tloiiiy 10 sell tickets contrary 10 HE
laws of "A state. Congress imposed tax
on licenses 10 sell splTltuOus liquors by
retail but That did not prevent the STATE
governments from regar.iing tipping
houses as nuisaDses, and furnishing those
retailers ri spirits Who were not licensed
tavern keepers. The license is grauta
bic by the state; wien granted the iedr-
raj government may lax il hut they
have NC power 10 grant il. The police
belongs TO the state government aud
HE federal government cannot, bv the
power OF taxation, interfere VIII, The POI
lice so az 10 legailze any act which a slate
prohibits.
Ii is said that lottery ticket owes lis
value 10 lis saIeable qualify. II ~ true
that The Suitability -ot The ticket by ihr
managers is essential 10 make the lottery
OF value to the corporation Bat, those
sales may be made in Washington. And,
| " they cannot, must The constitution
| yield 10 a lottery? The proprietor o.
| property has moi right every wi,ere 10
dispose Of il as he peasrs> a map may
Own poison, but he must not sci! i, as d
medicine. lie may own money bu, h,
may not, III Virginia, part with il a, pub.
lie gaming. lie may come TO washing
ian and purchase lottery ticket bui i
lie takes IT TO Virginia he must not sci
1t there. a lottery ticket is chase IN &C
tion, and not assignable by the cnmmo,
law. The stale laws determine whether
bonds, bills, notes, &c. are assignable o.
not. Spiriiuous liquors are properly
bu' they csuno, BE- sold byreisil, wi,h0u
The license of The stale government.
will now endeavGr to shcw that fh,
act of Congress under which this loiicty
has been authorized, u not an aci pass
ed ia Tie executions OF any OF those spe
cific powers Which Congress may eXer
else over the states. The acts oi Con
gtess must be passed IN pursuance OF liz
constitution, or they are void. If Tie,
| have passed statute authorizing an az
10 be done IN a state which they had u,
power w authorIZe in a state, their sia
TUE is void. Tie acts Of Congress, TO b
supreme las 10 state, must b. passe,
~ execution 0i sour ct The powers dele
gated TO Congress, or 10 some depart
ment or officer Of Tic government. =
Congress NAV pass all Laws necessat
aud proper 10 CARY given power iai
effect (: but they must have gwen pow
, or. Nov, wbai is The given power for ia
, execution OF which thc sale of loiicr
tickets ~ the states IL an approprial
I means II is sufficient 10 she. tina, I'll
act passed j. means Oi tafrS Iug Int
execution some DELEGATED uowgr III