Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-08-28
POLITICAL.
from The Washington City Ga,et;
COHENS rs. VIRGINIA.

1t is time that this review should BE- conclu-
ded. The subject is not cxhausted.-Tvo
principal divisions of the opinion have not been
touchcd and those points, which have dis
cussed, have been presented, only in what
| considered, the simplest and strongest view
have endeavored to shew that the principal
doctrine of the opinion is altogether novel.
That those who framed the constitution and
set 1t III operation never conceived that il con-
tanned the principle found in 1t, by the opinion.
That this principle involves the constitution
and the court III contradiction and absurdity
l nat 1t is inefficient for the purposes for which
IL is asserted TO exist; that il cannot be render
! ed efficient without subverting every thing
| ike State independence: That the supnosed
necessity, upon which it is founded, iinputes
to the sovereignty Of the states character
ana conduct which one sovereign never can
assume to exist, as reason for subecting an
other sovereign to his controu.-That the
opinion is a ttlo de Sc, conceding its own doc
ti1nes to be nctlcacious, and in all cases
where their efficacy would be most necessary.
when their necessity and efficacy are assigned
as the great reason for their existence And
have IN conclusion, attempted to shew that
the judicial act does not embrace the case i'm
question, or the principle upon which it pro-
ceeded. These are all highly important sub
jects, well deserving the attention of the peo-
pie and the careful consideration of all public
men. 1t may however, justly be said that they
attract neither. The discussion falls dead
born from the press" 1t were idle to protract
| ii further.*
The reasons why the examination of these
subjects excite SO little interest are correctly.
though sneeringly, assigned by the editor of
the National Gazette. Few persons north
. o. the I'otomac have the courage and patti
ence 10 navigate their endless stream of dis
cusslon. Our lawyers in general have ii stout
CONFIDENCE In the learning, Judgment and rec
tltude OF the Supreme Court. aud out of the
legal profession the number of newspaper
$ readers, who take an interest in the topics
OF the Virginia polemics, is by no means
| I" considt rabic."
The foundations OF justprinciples are always
| undermined before they are uverthrown by Vi
| olcnce.-And iEis where Sto,lt onfdence IS re-
! posed that the sapper and miner proceed with
the greatest rapidly and safety 1t is true.
ianentably true, that 50 north Of the Potomac"
Jew persons take any interest in discussions
growing out OF the constitution. New York
fennsyiyanla, and Maryland are rent with f.c
IONS, who take much deeper interest in the
appointment of a sheriff, an auctioneer. or n
justice Of the levy court, than in the correct
understanding OF constitutional doctrines In
| New England the old fashioned fcderalists ad
mere most consistently to their antient notions
oi accommodating power to the government of
the union. And fer the rest, OF whom it NAV
| be fairly en9ured cIjum pecus ? the most OF
them only wish To know the opinion of the
President and heads of Departments that
they may adopt the same.
ne public expenditures are principally
made" north Of the Potomac;' and " north Of
| the Potomac" the Bank of the United States
slts throned in majesty. ".North of the Poto
niac'' the spirit of mercantile cupidity is ever
| active, seeking to envelope itself, in the man
tie OF monopoly and exclusive privileges. If
Is " north Of the Potomac" that Bankrupt law
is called tor but 1T is useless to attempt an
| enumeration of all the causes that north of
The Foiomac," operate to render acceptable, an
extension OF the powers of the federal go
'ernment. am not therefore, surprised that
stout confidence is reposed, in every doctrine
favorable to that result.
100 have seen the day when had a" sto,,t
confidence" III the learning, Judgment and rec
tItude oil the Supreme Court. But | have
seen that court gradually drawing all judicial
power INTO IFS own vortex. | have Witnessed
It's abandonment of the aniient doctrine fiat
JuSttt'd, rudt CGtlnl, and have beheld substi-
tuted III It's place an eternal iargon of necessity.
Supremacy and suboTdindtion. In consequence
oil this, or from some other cause, we find
the Judges OIL late years very frequently under
the necessity OF giving labored explanations of
former opinions In order to make them cor
respond with the one about to be pronounced :.
and we find opinions announced to be IMAM,
NOUS, by which the individual Judges nre
brought into direct hostility with sentiments
and doctrines formerly advanced.
The solemn opinion of the court upon tbe
doctrine OF treason, delivered in The ease Of
Bollman and Swartwout, required to be- clnci-
dated and explained by the chief Justice az
forwards sitting in the circuit court. nm tho
trial of Burr In 1918, in PalD,e,ss cass tho
court settled the construction OF the act of
Con9ressconcerning piracy. In182O. in Kim
toc6S case, II became necessary for The court
to comment upon and explain the opinion he
lore gwen upon the same subject Rose and
Htmety is oyerruled, in Hudson Us .Guestier.
.l1drbiUy Us. Madison, is explained ayv:,v in IN,
hens Us. Virgiuid, and a principle for Iinitin.
andeXplainluS former opinion is laid down. thai
rendersth the heretofore prOycrbial uncertainty Of
the law, still more uncertain. Lord Mansfield
sat Tor more than thirty years, i'm the court or
Kings Bench 1t will puzzle our LAWYERS of
- stout confdence0 or Mr.. Walsh for them. fo
shew where that great man, or the court in
winch ne sat, were compelled TO sustain ono
opinion by CLOSING on, or explaining away
another.
! II is natural that the lawyers " north oftbe
! Poiomde' should have a stout co,,fdencSo in
the Supreme Court. The judges Tcciprocate
that confidence. They cannot mistake the
direction, in which their own doctrines of f..
deral supremacy, arc particularly acceptable.
The reports speak very plainly, the good un-
Outstanding between the court and tbe bar
north Of The Potomac" But 20 an observer
present during the sitting of the Court. This
! good understanding is much more visible. II