Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-06-26


ten. This is, indeed, our only .hopc-Have
NOT these things already begun 10 be Has not
the case of Gohens against Virginia, proclaim
ed 10 every culprit in the state :. If you are n
foreigners sou are not boind to acquiesce in
state conviction though YOU ave q citizen,
Eod may disclaim the power OF your own
sovereignty, and cast yourself upon our pro-
lection. !! you viii claim AN exemption from
punishment Under our constitution You
" cannot safely repose in the virtue OF your
own tribunals tor such exemption, though
they arc bound by oath TO extend it to YOU"
Has not the prompt sagacity of the bar avail
Ell Itself already of these novel hints for cri-
inina defence And ifthesc things are, even
now, what may we not expect in "those ages
to come, for which" we are told by the court
the constitution is framed-aspiring to ap-
E" proach Immortality, as nearly as human IN
" stituticns can approach it ?"--If we Judge by
the progress we nave already made, an age
VIII not he requisite To annibilate whatever is
valuable in the state institutions.
Parva me'u rrmum mox scsc at,oie, in a,iras
may well be said of the growing powers of
the federal government. We have seen that
IN the convention f1788, IFS most Jealous adj
vocates disclaimed the unkind imputat:on OF
IFS authorizing the STABILITY of state. The
most hardy shrlmk from the suggestion. 1t
would have been indignantly repealed, had it
been insisted on. The states had not then
ceased to feel that as sOvereiSns g they We're
=" free from every constraint in relation 10 their
contracts hut that which flows from the obi
cations of good faith: that these engage
ments were only binding in conscience, and
had no pretenson to compulsive force :"
and the scheme of the federal constitution
would have vanished like the bascless fabric of
VISION, II such pretensiOn had been avowed
What would have been the public sensation
then, had the doctrines now advanced from
the judgment scat been whispered even in
corner Who would have dared the whitening
lightning ofpublic Indignation, by promulga-
ting in the convention as part Of the constitu-
ton the right of appeal in criminal causes from
the state tribunals, and by advocating the ne
cessity of so odious a provision ? Who would
have permitted so monstrOus conception TO
have found place even in his own reflections !:
None-no-not one; for less alarming doc
trines were promptly disayowed.
1t partakes indeed in no small degree of i'll
faith, that after the ratification of the consttu-
ton with SO explicit disavowal OF the obnoX-
lous constitution, its advocates should now in
sist upon what was then disclaimed. The OPT
mons ola few individuals could not, il is true
bind the people of the United States i'm the
construction, to be given to their compact
and of the members OF the Convention of Vir-
glnia to the south, may be considered as cvin-
cling very fairly the general sentiment on the
subject of this STABILITY of state. It. places
those 1T least who maintain these doctrines,
very nearly in the situation of private indivi-
dual, who signs contract with an express I'M
Outstanding that it shall not embrace paricu-
lar subject, and as soon as it is executed, com
mcnces lawsuit to enforce it, according to
the letter.
1t cannot have escaped the most tmthinking.
that these extraordinary doctrines involve 9th
er difficulties which might induce the boldest
politician TO pause before he ventured upon
the adoption. When the supreme court in
the first instance affirmed the stability of
state, by what code Jurisprudence did they
decide, ioho should represent The sovereignty as
defendant? That sovereignty resided in the
people: That sovereignty is vet retained BY
the people: That sovereignty distributes the
duties of the government to its public SER
wants according TO its sovereign will No 9th
er po,cer has a right to delegate The dutY, and
no servant of the public has right to perform
it unless 1t be delegated. To assume the
power of delegatng il is uSurpation. To ex-
ercise IT without delegation is diSobedie,ce.-
by what act then has the sovereignty of any
OF these states delegated to any particular Of
duty of representing it in these newly inagin-
ed suits, whether original or appellate in tie
supreme court of the United States / will
venture to Affirm there is none. | will speak
at least for Virginia. Ifthen there be no con
stituted authority to defend the state, or to re-
present herein that invisible and inlniaterial
attribute which we call the sovereignty. how
can that sovereignty, be sued? Shall the SUI
preme court decide without the parties being
before 1T or shall it UsURP the power Of
detegdting HiS duty TO particular officer Of
the people: In the case of the state Of Geor-
gia, the court directed service OF the citation
upon the governor TO stand for sersice.*-
In the case against Virginia they have pursued
the same course. By what right do they in
vest our governors with powers and duties I'M
known 20 the laws under which they were ap-
pointed! Was it-that taking their opinions
from The doctrines of monarchioal govern
ments they have supposed that the executive
oil course represents the sovereignty Of the
states, and was the residuary possessor OF all
power and authority not transferred TO anoth-
er branch of the government Did they for
get that our constitutions having been form
ed when there was less complarcncy towards
executive power, than prevails i'm these hal
cyon times, wisely circumscribed the authority
ana influence of that branch of the govern
Iiitht, SD tidt III some the shadow Oi autlloTi-
ty was scarcely left? Did they remember
that state prosecutions are carried on, not ia
the name 0fthc governors but in the name of
=" The Commonwealth" orof" The People -
Dow thou IS this sovereignty to be cited =
How Is il to be represented who is 70 de-
slgnate the representative Pr the STABILITY
OF states, either originally or by appeal, is to
DC maintained, II causes are to be decided
without hearing on the part of the sfatcs. or
IT the court ofthe United States are TO cxert