Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-02-03
VIRGINIA LEGISLATURE
EXTRACTS FROM THE PROCEEDINGS or II

HOUSE OF DELEGATES
uedaeSdgy, January 3i.--Narinus hills wer. pre
sehied ny the committees, aud laid upcu The table
On MT Patton's motion, a Committee was appointed
to bring ia btu so o amend the several laws respect
"e Tue assessment OF hnes agains; shsiifs failing
to return executions u antborize additional N, re
ptated penalties for snrh failure.
Ererossed bills" Incorporating tie Library Society
Of N'hnel"- concerning George L. TAYLOR" CON
ce.nins ",'nss'es were respectively read hird lime
:. On N.Y. stevensoR's motion, the Report awd esolu.
ton: tsubntd by ST Selden concerning the citation
Oh ihis Commonwealth TO answer complaint befor.
ne supreme Conf OF the United States taken np
(ihey hah heen re committed to the cominitee-w ho
on Saturday last reported them again with certain A.
mendmrnts, which asreeu To by The House...cu
MI seidens motion, thcy very then laid on IL. table
and now on mt Seyenson's moiun ihey were taken
up y: hrTeupon the fo'lviny SsIS!iz fg as q. y
MI. miller, ana read, as follows
The General Assembly of Virrinia having
been informed by HE Message OF the Covers
nor, that this Commonwealth is - cited aud
admonisbed TO be, and appear at a Supreme
Conrt OF The Uniied States, 10 be holden al
w Washington on the fist NJ oUdsy 10 February
next, pursuant 10 a writ of error fled ia the
clerk S ofiee of the qua rteIiy sessions ronri of
the borough OF Norfolk i'm a cause wherein
Philip !. Cohen aud Mendez !. Cohen are
pldiDtIffs III error, aud the said Commonwealth
IS defendant TO shew cause, ii any there bp
why The Judgment rendered against PhiIip l.
Cohen and Mcndez Cohen, az in the said writ
OF error mentioned, should not be corrected,
aud why speedy Justice should not be dane 10
y
SubJect that mature consideration which IT'S
importance and delicacy demand ...Whe
they are unwilling TO disturb the harmony
when ought to exist between the STATE and
FEDERAL authorities, they cannot silently acuni-
esce ina proceeding, which III their opinion
encroaches upon the legitimate risbi of Tie
state governments AT the same time they will
not withhold from an enlightened public lire
reasons which have conducted them 20 a cou-
ciusion equally painful aud dla,min.
lUe occasion which has given tiae to tle
VIII OF error above III ntoned, appears 10 be
shortly this :-the plaintiffs in error rstah-
.i,neh lottery clhce in The borough of Nor
ioik, Tor the purpose OF selling lottery tickets
contrary 10 a law OF this state, furbidding smcli
sale. AnIong others, they disposed of sundrv
tickets j" "A lottery TO be drawn in the CITY Of
Washington, whicli had been authorised by an
act o. Congress. The Commonwealth of Vir-
ginia prosecuted The offenders for a uioiaiion of
fer iaU, aud fine was imposed upon them for
fhat cause. The defendants applied ioI, ard
ohiai"ed a Wi: of error from a Judge OF Inc
supreme Court of the United States 10 reno. {
the Cause inis said cont. This short stale.
meDi presents all the questions which the Gen.
etal Assembly deem II important at this time
TO consider.
From these facts, objections of the most
momeDtous nature aT,Se, not only TO the mode
OF proceeding, but 10 The principles npon which
The plaintiffs ~ error mnst found their claim
for redress.
Isl. Before The federal court can take coy
nizaDce OF such case. they must establish
theSe fundGm naI pTDpositions--that an An
peal lies from The decision of state court 10
the supreme federal court aud that a sfate
may be compelled against its consent to become a
party 10 suit in tie federal court.
WIN regard 10 the first OF these PROPOSE.
lions. tie General Assembly will nor enter
Into minute detail, as the question has been
tie subject OF elaborate discussion IN the court
OF appcais OF this state, aud received tie Al .
naDinJOus disspprobatiOn o. ali The iudpes
composing thai courl. Ihey will only refer 10
TIE report OF that case, IN which The ouestion
u placed 10 every altitude Of which u is sus.
cepiIble, aud the true doctrine OF the cousti.
III ION maintained with a force OF reasouipp
winch will command respect 10 proportion as
IL ia capvassed
Tie General Assembly will supply observe.
that the idea Of an appeal from the cOufts of
one independent gov erBment 40 the courts of
arother, courts deriving their jurisdiction from
different sources, moving ~ different spheres.
ameHable 10 different authorities, betweeD
whom there is no acknowledged ccnuexion.
presents an anomaly in governments, which
they aTe only restrained from calling an al.
sufdty. by respect for the high authority
which has sanciioued the opposite dOctiinp. -
The Judicial authorities OF tie two rnveFn.
men's are at Issue upon the subject, aud the
hnal decision must rest with tie good sense
moderation aud GiDDess OF the people.
But, even It IL were doubtful whether an
appeal would lie isom state court to the
supreme federal court, ia case between in
dividUaIs, what room u ihete for faiioual
doubt, where a iate is herself Il partv and not
conSebiiHg 10 submit hei rights 10 srcii an
uirrite ~ This IS question ahcciim. The
reig eriHcHUc Of The state gOCeJHinents The Gp-
neral Assembly decm apuinny necessary
ior cniesIwr at large TITO us examination
Between tHde pendent anG sovereign s;aics
there can be no eonmcn umpire. bot By coO-
sent, VII less can oae such siale assert an