Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-06-12

FOR THE ENQUIRER.
Examination Of the Opinion Of The Supreme
Court, an he case Of CoHENs as. TIE
STATE OF VIRGINIA.
Nod.
have hitherto considered the great ques-
ton of the stability OF states upon strict con.
sttutional grounds. have shewn that the
federal court had no jurisdiction in the case
before us, that can be fairly inferred from
the only clause on which they rely; which
conclusion is derived not only from the alb
sence of any words applicable to the states,
but from the exceptions contained in the ju-
dicial article. | have contended that the
states are not the proper and natural OBJ
jects of federal jurisdiction, and that when
ever they ara subjected to federal power,
such case is merely an exception to gene
raj rule which must derive its force from the
express words of the constitution. | have
established this principle by a recurrence to
the mdOubted history of the times and IA high
federal authority by the consequences to
which the opposite doctrine would lead, in
subIecting the states to the federal legislature
and executive, as well as the judiciary and
l have shewn that the 18th amendment, by
necessary inference, prohibits the exercise of
the jurisdiction in question. If | have been
at all successful in my endeavours, have
done enough to satisfy any man who under
stands the principles of our government.
The supreme court, however, are insensible
TO the force ofthese considerations. Indeed
il does not appear that they ever passed
through their minds (; for, after stating the
clause III the constitution upon which they
rest their jurisdiction, they rush at once to the
desired conclusion, without pausing one mo-
ment to enquire whether that clause really
embraces the states. Whether this hiatus
in their argument proceeded from prudence
or negligence, it may equally lead to suspi-
cion that the states have no advocate on
the bench of the supreme court.
But, althoughthe opinion is lamentably de-
icient i'll proving that the power in question
is g1Uen by the constitution, it is proiuse in
dissertations to prove that such power
ought TO eriSt. 1t is difficult to conine gent
US or ambition by those strict rules which
are formed for vulgar souls. But sober
minded citizen of America will cling with te-
nacious grasp, to those plain and simple or
| dinances of our constitution, which restrain
the alterations of aspiring minds. do not
regard it as favorable omen for our country,
| that we have become too refined for the sim
pie precepts of our fathers. Deprive the
constitution fits simplicity, and you robit
of all its virtue. Whether it is openly viola
ted, or secretly undermined by the insidious
arts of construction,-political death is equal
ly the consequence. Construction is YAM
| pyre which sucks out the life-blood of the
| constitution.
The court, after taking cursOry notice of
the constitution, enter upon an almost bound
| less field ofspecuation, to prove that the ju-
/ risdiction which they claim is necessary to
attain the great objects for which the go
Al.
preceded by clear demonstration, that
the constitution itself warranted their con-
clusion, there could have been no objection
/ to any inquiries which might strengthen the
| impression. But TO rely on these slbsdia-
ry topics as the principal source Of their ju-
risdictiOn, is high misdemeanOur in a coun-
try which boasts of written constitution.
| Waving, however, for the present, all obiec-
tons to the mode of conducting the enquiry,
let us pursue the court through all their wan
derings.
The supreme court begin by setting forth
the motives which produced the constitution,
and urging the absolute necessity for trans
ferring TO the new government, large portions
Ofthat sovereignty which belongs to indie
pcndeut states. They then refer 10 the de
claration, that the constitution and the laws
made in pursuance thereof, and all treaties,
sc. shall be the supreme law OF the land
Having thus introduced the word supreme,
| (which, as il is applied in tire constitution, is
perfectly harmless) they think themselves
authorized to cali the government a supreme
government ia a sense totally different from
that intended by the constitution, and which
hegs the only question which they have "a
prove. Having glined this useful epithct