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

states dependent for the execution of their
criminal codes. upon the federal judiciary
The cases in which state shall be a party,
of which the Supreme Court may take cogni.
rance, are civil controversies. This seems
obv ioHs because to the Supreme Court is
granted original Jurisdiction OF them.-And
u will not be commended that the Supreme
Conrt shall have original jurisdiction OF pro-
secutions carried on by a state against those
who violate its laws.
IF cases in law and equity, arising mn
der the laws of the Uaited States, compre-
bend criminal prosecutions in the state courts.
then every prosecution against citizen Of
the state, In which he may claim some ex.
emptiou under an act of Congress or a treaty,
however unfounded the claim may be resex
amined, both as to law and fact, (it Congress
pledse,) IN the Supreme Court. And 1t
controversies include such prosecutions,
shan every prosecution against an alien, or
the citsen OF another state, may be so re-ex-
emtueI' whether he claim snch exemption or
NOT. Ian Tits court bring up capital case
wherein some exemption under q federal law
- claimed BY prisoner in a state court p
Would an appeal lie, should Congress SO di-
fectJ from aiuryf II would not; even il the
sriai was had IN federal court; for the accu.
seq has right TO trial by ajnry in the state
ana district wherein the crime shall be charg.
ed to have been committed In all cases within
Me appellate Jurisdiction OF the supreme
Cour'' that Jurisdiction may extend 10 the
law and the fact. But such Jurisdiction. as
10 the fact. cannOt extend TO criminal cases
consequently, u was not inteuded that The
appellate jurisdiction should extend 10 criu,.
tnaI cases and, therefore, the Supreme Court
have no appellate jurisdiction IN criminal
cases. Can, then, the court take jurisdiction
IN this case, which was criminal prose cutiou.
founded on the presentineHt Of q grand juryS
oureiy they cannot Inis case was not qui
edm action, which is regarded as civil sui.
(d} 1t was, both in form and substance, "A
criminal prosecution. And il has been deciar.
eaby an honorable judge OF this court. in
giving an opinion, that the courts of the u.
States are vested with no power to scrutinize
into ihe proceedings OF the state courts in
criminal cases. '(e)
That which is fixed by the constitution
congress nave no power In Change. The jus
Sisdiction Of the state courts il fxed nv Ibe
constitution. Ii is not subject tor congress.
siona' legislation. The people of Virginia in
adopting the constitution of the u States. had
power TO diminish The jurisdiction of the rtate
Jndiciary bat Congress have no power over
n; they can neither diminish nor extend il;
they can neither take from the state tribur
eais one cause, or give them one te decide.
As they Cannot impose on the state courts any
duties, so neither can they take from them
any powers. Congress Gnu neiIher add IL or
dimlusb tbe.legisIatve power, the executive
power, or the JudicidtpOwer OF a state as fix
Ell by the consultation. Congress NAV pass all
Jaws NECESSARY and proper to execute that
power which IL vested by The constitution in
the Judiciary of the unied States bnl this
does not saGctio: violation OF the authority
OF the state Courts. None can enlarge or
4pringe The Jurisdiction of the judiciary of
virginia, except The people OF Virginia, or the
legislature of that state.-As was Ihe iuris-
u!ction OF state judiciary on the 1th day of
March, I7o0 so ii stands tbis dav, unless al.
teied by The state If on that day The states
IeIdheu jurisdiction OF most OF the Cases emu
Inerated IN the third article of the consti,u-
iio6, That jurisdiction nnst have been ieft TO
Them by the constitution, aud Cannot be taken
rom Them ny Congress. the power either OF
s1te legislature or a state judiciary, eau
mol depend ON The use of, or Neglect TO use
power, Wy Congress. Such state mower /,
nxedby the constitution; the same 10 day az
to,,norrow, however Congress may lexisiate.
lne Judicial power OF the United Siates is
conferred by the constitution, and Congress-
caunot add 10 that power Congress NAV dis-
tfibuie The federal judicial power among The
federal courts, so far as The disiribution las
ho. peen made Ly the constitution. If the
constitution doss not confeF on thi, conr, mr.
on tue federal Judiciary, the power souybt
20 ne exercised, II is IN vain that the act
OF Sohsies pufports TO confer it-And where
the constitution confers original Jurisdiction.
l as III cases where a state is "a party.) Con.
z kfSss e.nnot change ii into appellate jurisdic-
tioD. The extent of the Judicial power of
tne DDiied States being fixed by the cons,ltu.
.Ioh' Cannot be made exclusive or Concur
t , at the wli Of Congress. They cauuot
decide whether it is exclusive of The stale
courts or Rot: for that is judicial question
cTtSing under The constitution. If the iudiciaI
power D! Tue UDited Siaies is excIusi We (,on-
gfess cannoi co tru,uicatea nan M !, 10 ti,o
state cpurts, viy,n, 10 ,,,s fsJ.,,i 80. ."s
K,eiiata ;nr,,,in9n,;s w vi icueidi courts APP
P"a'c !"I.'"ictich over them. li.by the con.
ia . the state judiciary has concurrent
1s'isu'c"'hs Congress cannot grant to the fe-
derai courts an appellate jurisdiction over
The exert " Of such concurrent no,ysr T,La
eiate Judiciary caunot haze ind.nanJ.
eubord,na,. po,ycr a, In 80 PS"eeW OF
congress.
, maa,a 70 :, tue stale Judiciary bave concurrent
n.,.,d ~; =, w i, si''ouon, over all the cases emu
hers.eo III ns inHi article OF the consultation EXCEPT
a5,,,,aI nv w 'io'stihg iehsIai laws 2. Cases
e"n','. ~. @ i''''"e jurisdiction and .. Cases AZ
~ SnnsAsauo't' other pubic ministers con.uIs.
,h., s,, 'n r execute the criminal laws Of ano