Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1821-03-31


=; riIy claimed!
The gentleman from Henrico Tell us, that
although jurisdiction over his particular
! class OF cases, is given 10 the federal coqrts,
! it neverihe less j: not taken away from the
state courts. and that consequently the au-
thorriy of the latter, in relation TO them. is
concurrent, and CO extensive with that OF
the former. lis true. sir. that power gI-
ven to the general government, and not ex-
pre.s,y taken away from The state 60
vernments, may be exercised ~ the lat
! ter. But il must be exercised in such a
manner. and to such an extent only, as
will not interfere with the authority OF the
former. Whenever in relation 10 such pow
ers, tie general and state governments shall
! come INTO collision, the latter must yield:
because the former is made supreme within
the sphere OF lis action no: only by The
whole spirit ard tenor, cut by the express
! letter of the constitution; the 9th article Of
/ which declares, that s'the constitution, and
+ The laws of The United States, which shall
be made in pursuance thereof, and all
, treaties made, or which shall be made,
under the authority Of the United States,
shall be the supreme iav of The land !;
! and the judges in every state shall be
hound thereby, any thing in the consti,u-
lion or laws OF our state TO the contra y mot
withstandiDg. Can then jurisdiction per-
United to the stale courts only by the silence
Eof the constitution .be considered as bar to
jurisdiction, given expressly TO the federal
courts by the same constitution? Ii it can,
the constitution itself is net "he supreme
lav of The land"
But We are told, that The exercise Of an
appellate jurisdiction by The federal over
the state courts, would be complete pros
tration OF the sovereignty of the states
And in support of this opinion, a very learn
ed and elaborate definition OF the word ap-
psllate has been furnished US by the gentle
man from Henrco. shall mol he very nice
about definitions, sir. have always con-
sidered the jurisdiction OF any court appel
late in relation to others, whose decisions.
it reyises, and confirms, corrects, or sets a
side. And such is precisely the sort of ju-
rsdicti,n. hich claim for the federal O.
yer the decisions of the state courts, 10 "ali
cases of law and equity .arisng under the
constitution of the United States, &c. &C.
Nor, sir, do see any force in that objsc !
ton which is drawn from the sorere,gnI,
Of the states. There never was a county |
in which the term sovereignty was So fire
quently. and so grossly misapplIed as j.
in this. Souerei gnty, here at least. belong
exclusively to the people. And yet every
government in the union, has usurped il
name, and claims for itself the right OF e1
ercising its prerogatives. Those govern
Bents, whether state orfedera, are in iac
Dothing more than different agents of th.
same people, exercising different portions o.
the same power, and subject. Of course t.
such limitation, and restrictions, as ib.
people have imposed. II these Limitation,
aDt restrictions derogate from the sovereign
power of the individual states, it is moi for
the agents of the people 10 complain; 70
The people themselves have prescribed
them. Is il any objection to the exercise OF
the powers Of war and peace on the part OF
congress, that Virginia is to be shorne OF
one of her highest attributes of sovereignty
and involved in war against her consent?-
Certainly not-for Virginia is party to the
compact in which this power is expressly
given TO congress. And for the same reason,
the federal courts can not be deprived of any
portion Of the jurisdicti,n given to them by
the letter Of the constitution, merely because
the exercise of that jurisdiction interferes,
with what gentlemen are pleased 10 term
the sovereignty of the states.
But particular exemption from this ju.
risdiction is claimed for the states in their
sovereign capacity, under the 18th article
Of the amendments to the constitution, and
so far as that amendment goes, the exemp.
ton isjustly claimed. The article of the
constitution already referred 10, extends
the judicial power Of the union to all ca
ses in law and equity, arising under the
constitution, laws; &c. &c. Of the United
States" And this amendment declares that
"rbe judicial power of the United States
shall not be construed 10 extend 10 any suit