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

tlesc cases &c ela1aoier cr tie r-rii.s - ercry
Hhng, and The nature of the esss nothing
Thus escry ease arising under our rsrhea.
laws, in which foreigners are of course con
ccrned, are under the special guardianship of
the supreme court. Ecery decision in an cs-
cheat cause IS re-examinabie before the federal
court, and in every such case the common
wealth may be called 10 its bar l,y writ OF e.
! ror.
So too every case of the forfeiture OF lands
Tor non-payment of taxes ny the owners, he
ms citizens of other statcs) may he removed to
| the same tribunal.
l. 30 too every petty prosecution Tor the
breach oftlie revenue laws by itincrant pcdlars.
or by our northern brethren residing among
us every prosecution against gambler or
shaver WHO is prowling through our cities
and who can challenge TO himself rs foreign
er or citizen OF another state the privilege OF an
appeal, may be removed for trial before the
supreme court ofthe United States Nor is it
important, it would seem, how trifl;ng the
sum, or penalty, since the constitution and law
has fixed no limit TO the jurisdiction in this
behalf In the case of Cohens it was only
lOo.-So that the commonwealth in the en-
iorccment of its criminal laws may in every
petty prosecution he engaged in an extensive
litigation before the supreme court, provided
foreigner or citizen of another state be the
object of prosecution.
DO 100 every prosecution aGains. public de-
iauter;every motion in the general court where
the officer or party moved against was born in
another state or is 4 foreigner not regularly ma
Observation-Disclosures he be Treasurer or Audi
tor or Sheriff. or Clerk ora Deputy of either Of
them-may (or debito .uaitin, " God save
inc mark !'') he carried before the Supreme
Court of the United States, where the Com
| mOnxyPa ral lod TO- hal >.,- l.. 4
iaulter, must await the behest of that high tri-
bulal, and receive its sanction or incur its dis
appreciation of the character of its revenue
laws and It's mode of furnishing dclinquents
30 TOO every murderer, vomited forth up
ON our shores from n foreign land, when he is
about To receive the sentence of death which
his atrocities have deserved when the awful
Judgment of" blood for blood" is to be de-
nounced against him and the hand OF retribu-
ton is raised to avenge the victim of his cruelty
can arrest the uplifted arm of Justice, bv ex-
claimng, am Il Foreigner a spell more
potent than the protection which the mistress
ofthe world once extended TO her" Roman
citizens" The Garcias may yet lengthen out
their span OF life by claiming this great immu-
mty and casting themselves upon the Judgment
and the mercy of the Supreme Court. For.
they are foreigners and where that is the case.
" the character ofthe parties is every thing
the nature of the case is nothing !'-lfany err
ror can be discovered in the proceedings of
Judge Parker,-wcll If not, they will at
least have enjoyed little longer the light of
Heaven, or may perhaps throw themselves
| upon the mercy of the PREsrDyNT whose
prerogative of pardon ought surely to keen
pace with judicial jurisdiction Should the
Supreme Court affirm the Judgment, it would
ne presuinptuous, presume in the humble
Executive OF the Commonwealth TO interpose
the power of the state
! IL were useless TO descend into a minute
enumeration of the classes Of cases which up
on this principle Of the Supreme Court might
be brought before them. Suffice il to saw, that
IL VIII embrace every conceivable case OF pro
secuilons for offences against foreigners or CT
tizens of other states residing within the Com
monwcalth.
But this is not all. The foreigner is not a.
lone enabled to arraign the criminal iurispru-
dence OF the state before the Supreme Court.
The citizen OF the state may do the same,
whether he be dcfaulter or fclon, whether he
be pick-pocket or murderer, whether he con-
test The right TO impose tax or the propriety
oil It's mode OF collection, or the reasonable
ness of fine imposed by law, ifthe ingenuity
OF Counsel can bring to bear upon his case,
a treaty or law of the United States or any
oil the very many abstract principles contained
IN the Constitution and amendments, he is en-
titled to his appeal, because :" in such cases the
nature OF the case is every thing, and the cha
racter of the parties nothing" And let it not
be forgotten that ,rhen the Supreme Court has
once obtained jurisdiction of The cause upon
the preteH set up, they uiH proceed to decide Il
upon its merits, although the party may not hare
brought has case icithin the constitution or lupS
or treaties Of the United Stdtes.*
Nor can it be doubted that i'm these posi-
tons am justified by the doctrines of the SUI
preme court in relation to appeals in criminal
prosecutions. The case of COhens against
Virginia, is itself of that description And
IN enforcing the necessity ofan appellate juris-
dIchon, the strongest arguments advanced BY
the court are drawn from the supposed Deces
sity of protecting from the penalties of the
state laws, the officers of the United States in
the performance Of their duties. So that the
right OF appcaiby person convicted of an of
fence IN state court, who claims an exe,np
ton from punishment under The provisions oi
the constitution or laws of the United States
IS explicitly avowed and maintained as both
necessary and proper And the greater the
offence-the more exemplary the punishment.
the more obvious is thenecessty and propriety
of allowing an appeal
And II such be the fair differences from the
I decision OF the supreme court if the whole
criminal Jurisprudence of the states is to be
subject to ITS supervision, if their police and
their system oirevenue and the responsibility
Of It's collectors, and the punishment of often
ders may be brought under the control offed-
eral tribunals, is it not time that we should
make one more struggle to escape from their
subtle jurisdiction by new amendment,w which
may perhaps be more successful in ATTAINING
its object than the nth appears to have been
| What will become Of the sOvercirutics of tire