Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-03-20

meal. iltn Go sustain itst II a:aiust The rub.
hs VIII ANA, by iOice or othrrwise 10 control
The whole nation, Is no sound argument /.
support OF iis constitutional inability TO pre-.
serve itself against a sectinu OF the IA tion act.
IN. IN opposi'ion TO the general VIII
IL ~ tue, that II all the states or a msjori-
y OF them, refuse to eject senators the lr-is
laiive powers % the Union will b. suspended
Snt ~ any onr state shall refuse To elect them
the Senate viii mol. on that account. he tue
less capable OF performing all ITS functious.-
The argument founded on thi, tact would
seem ta;hst TO prove the snh0i dinsiion OF IA.
parts To ihe whole. than the complete indie
poDdence at aGy ole of them. The trainers
OF The constitution were indeed msabie TO
make any provisions whicn should project
that instrument against "A general cuIubin. ION
OF the states, or ut the people, tor It's desttuc.
tiou aud, consciou' OF this inability, they
have not made the attempt. But they WE'RE
abe To provide against the operation Of mea-
sni's adopted an any one state. whose tenLen-
cy might he Ia arrest The execution ~! The
ihws, aud ibis a was the part o. tru. wisdom
TO attempt We ,hink they have a,tetspteL IT.
IL has Deen also urged, As All additional oh
lection TO the Jurisdis,iou OF The court, that
eases between state and one OF lis own CT.
izens do not come within the general Scope oI
In" constitution, aud were obviOu Is nsv.r IN
tenuCd 10 ne made cDssiz, bic al the federal
couriS HE state trituinls might tie suspect.
81 0i raiiiaiiiy IN cases between Itself 0r is
ciiiZpus AMI aliens. or The ci,izeus of anoth
er sta'e hnt not IN proceedings by stale
a: ainst its own ciiiz-ns. That jealousy which
might exist IN The Ii 81 case. conid not exist
in he last, and therefore The judicial mower
Is rot extended 10 the last,
ihis Is very true, 80 tar as jurisdiction de-
pencS on tie character OF the rarties aud
| the argument Mould have great force IL urged
to Prove t!.ai This count could not establish The
demand Oh cliiz"h upon his state, bat h not
enti'sed 10 the same fUrcr when urged 10
prove that Tins cOu't caDnOt euuuIte wh-.h
er the constitution or laws OF The unled
states protect citizen from prosecution.
Instituted against INN by state II ,utls=
dIctiOn depended ehtiieIN on tho character ui
ia" parties, aud va. not given where The
ph''ieS nave not an original night 10 come in
10 ronrt. that part of the "a section uf the
81 article which, extends the judicial powet
10 All csses arising undar the consultation aud
iiws OF the United Stsies. would be mere
snipihtost- II II 10 give jul isoic,i0n whete
The Character Ut I've parties would not give
~, That tbs very Imporian, part oil the clause
was inserted. II ma> be iiue that the pat
ilaIty OF ihr state tribunals, 49, ordinar, can
'o'e'>ies between stdte hDd ~, c:iizsrs,
Wa, uot srprahended, ~ therefore the juuiria
power OF the Union was not extended 10 IA,
ra>es I'M this w"S not Tie sole nor the gieat.
est, Object ior ~hic.i ihis department WIS
created. y moie important, much MAJ.
Interesting CT, va. the preservation OF tht
ons'itn ion aud laws cithe Uuitvd states So
~ as They can De preserved hy inilciai au
thoriiy, and therefore the la siic,inu nt "a,
uits ot cas y aris.ng nm e. "a ems iiuiioi,
he mon was expressly extended 10 all
t.ose laws II TIL constitution ., iins ulayn,
violated ny proceedings Instituted hy d >i,i.
'Eai.S' lis own citizens, AID ~ ihai yIoiauo,i
"dS u" such Is essentially to Ill Ct iii, con
>iitnti~u aud The Laws Such a> To >rr.st th.
Pn.te'S at aorerH!nsGi III IFS constitutions,
curse, vhy shnuli these cases w. eXcpOtcJ
''t'a 'bai ptovision q" h;ri. expressly extend.
~ Judicial power of HE Uaion 10 all rate,
~ t"r hi"ei ne ronS!iinilo" AID laws?
Niter 5e.ivwios oh this Suhj, ci thr pnnSt
1tieu,iva cUu>I1e.a ,iou the cnutt can nor
"rivo TO reason foundci on The charact.r (.
N" partiea :oF Introducing an 4xc..,ti,.
"hict The constitution has moi mad- ard ".
-i,' u, extends 10 a!i cases aIiSio- uG,!er IN,
cnr't''ntion ~ . law OF The United State.
whoever ma. 10 The parties
10 lie G.iiGgeI J