Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-01-11


tae laws and The dislutbers uf pubil. morals
would pass unpunished AID unrepgoyed fOf
the van: Of tribunal. 10 admin,stet lnSilce. =.
To obviaie these con,eqnsnces a /. pt.nstDiN
roniend ID that The state Judge, become Jesierg
iud-es when deciding 90 the authortti. 81 the
Cnitod States. la surL a case a. would aevsI
do 10 admit the m 20 be state ind.es because
u wOnld be Inconsistent wdl lie aatnre oi
sovereignty, Tor one govetniuent To supervise
aud coniioi tie d. ciSiohS o. auutnsr possess
Ell OF The periect rig MS and attributes OF asove-
tel n nation HeEce. they aie dcuo1nlnAtcd
federal judges. Bhi, how 10 they become
federal JudgesS only a. virtue of the lnditial
aci. vh rh dec laieS, that ii thrir dec ,iuns Are
faroTd6Is 70 the authorities OF The United states
they shall be raised 10 the dignity 81 Sorereiga
judges, whose acts shalt be binding aud al
thoIltatise but, SHOULD justice aud irde-
peDdVnce adorn ihe iui sment seat and the
Judges decide against tue authorities OF the
Umiied States Inv, dwindle into the nupu-
tence OF Inferior federal judges whose decisions
are To be fe-vXaminGd aud reversed bN the
supreme Court Of the United States Aai
here Is the WoCkeiy of a judgment beIng nuA
or not, as ~ may chance TO be Oh one side or
the other, aud OF "a court being oil the la,i re-
sort OF otherwise as ITS decision may happen
10 have been for one or "iher of thu parties.
A move! spectacle. wo'thy of a system which
only admits the judges 20 BE impartial ou one
side Oi plain question!
Upop ihe whole, II The reasoning OF tn. COM
mitive be correct the conclusion il that no
constitutional power resides ia the teds al
authorities to N. Ike the state tribunals sub.
ordinate TO, aud controniabie by the Supreme
Court OF the United States
IL the authority of American statesmen is
deemed necessary TO relieve this conclusion
from the censuie OF the wise and genuine
iIieuGs OF cur federstiSt system that OF co.
temporary writers is surely the best Happi.
~. tor the people OF the United States the
doctrines OF statesmen profoundly vetsed IN
political science, aud especially III the priu-
cipies OF our tederative system. are rCcorde d
IN authentic history and capable OF distinct
citation. WoBld they cOuiu minister Ii :ht 10
our minds harmony TO our opinions, stability
10 cur principles and veueratiou TO orr pUiI-
tical destinations : Iu the able aud luminous
debates in the Virginia convention upon the
subject OF tie judicial power of The United
States. NJ. Marshall saws" hone no gem
tleman will think tdat state viii be called to
the bar OF the federal court. Is there no
such case AT present Are there not many
cases III which the legislature OF Virsip Is "A
party and Yet the state is not sued? 1t is
not rational to suppose that the sovereign porer
shat be dragged before Il court. Tine Iutent is
To enable statcs 10 recover claims of individ-
uais reading IN other states. l contend Tins
cCuslfuci 5uD rs warranted bV the words But
say gentlemen, there will he partialitv III il
II state cansot he defendant III an iudivi-
dual cannot proceed To obtain judgment
against state though he my he sued by a
STAT. IL as necessary to be 40, amt cannot be
Jtnddht "biCh does nOt prevent its being
plaIutitt
La the elegant numbers of the Federaist
tins opinion of Mr Marshall IL uniformly
counienanced aud recommended 10 the Ame-
rIcan ReopIs. In one of them. Mr. RI milton
SAYS, =" the general government can have no
temptation 10 absorb the local authorities of
the respective stales. All those thugs which
are proper TO I've provided tor by local legis-
laIion, can never be desirable cases of general
= % I'M, rnna 10 IL,
there shonld eNiSt disposition in the federal
councils, to uSuTp lhe pOtCrTS tuith Irhich fhpU
are connected. But let II be admitted for an
sumeni sake that mere wanfonnesS and lust
OF comma ion, would be sufS rieut 10 bevet
that deposition stu il may bs safely affirmed
That the sense Of the people If the SererQI states
tc0Wd control the indulgence Of so erkraragant an
appetite In another, MI Madison saws.
" The federal AID state governments, are IN
fact but different agents aud trustees of the
people Instituted with different powers, aud
designed Tor different purposes" Again Fir.
Hamilton says - There is not "A syllable i'm th,.
plan which directly empowers tlie national
courts 10 coDstTue The laws according TO IN
spirit OF the consti ution or which give; them
any greater latitude in this respect than may
be claimed by the courts of every state
Aud says Mr.. Madison. the local or rnuuiri-
pal authorities form distinct and independent
POI lions OF the supremacy no more subject ,rith
IN Their TeSpectire spheres to the general uuthori
ty, than the general authority is Subject 10 then,
icithin ats otUn sphere
la certain resolutions of the Kentucky lie.
eiAlature passed in 1898, the Offspring auo
evidence bt Mr.. JetferS0n's enlightened mind
II Il -solemuly Resolved. that the sryera
states composing the United States Of Aneri.
Ca, are not united on the principle OF nnlimiieI
SUBMISSION TO the general government ; hui
that b' compact mt der the style and TILE of 2
constitution for the UpiIed States aud of The
amendments thereto they con.tituIed gene.
raj so's eminent tor special purposes delega ted
TO thai government tam definite pOUers pre.
SERVING each state TO Itself the residudry mass Of
right TO their O,rn self gOrerRmeai anu iha
VIII. nsoeNcr the gcnrtai government assume,
tndeiesdted powers it's acts are unauthoTita
tive road and If no force {; that To this cOmpdc
each stale acceded a state. aud is an inte
graz party its co'sia'es forming to itself
the otheT party that the government created
by this compact was not made the eXclusiy,
| OF final Judge o. the extent OF the powers de
! iegdted TO itself; siuce that would have m adj,
| its discretion, aud not the constitution III,
measure of its covers; but, that a. in ali otse
| cases of compact among paTtjP, having M
common Judge. cash party has an equal right &
Judge for Itself. well OF IutractiOu, as OF th,
| measure o. redress" In the justly celebrated
| Report by hr. VI AdisOn to the Virginia Legis
| latnTe III 1899. which has been sanctioned b.
the renewed authentic public sense OF tn
| people of Virginia, II is ' Resolved that ILL
General Assembly views the powers OF th
| federal government, as resulting from til
| eOinpacl 10 winch lne states are parties, a
| limited by the plain sense aud intention OF IL
| instrument, constituting that compact: an
| as no further valid than they are autborise
| by the grants enumerated IN that compact.
In another part of this Report, this lucid Iea
soner remarks. that When 5he coustitutio
was under the discussions which precedr
| It's ratification, II IS wall known that gTea
! sppTehenSioDs were expressed by mdny les
the omission vt some positive exception froI
the powers delegated, OF certain rights. an
of the freedom OF the press particularly mi Il
expose them TO the danger OF being drawn I,
construction within some of the powers ves
ed IN Congress: more especially Of the pow
eT 10 make all laws necessary aud proper IL
carrying their other powers into execution
In reply to this objection, it was invariabl
urged TO be fundameuia al and characterize
principle of the construction that all poweI