Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-08-28

~ not 1li lhc indulgence y, the city crowd the
hal. Mr. Pin@ney enters III dandY, make
his bow to the audience and then to tiecour.,
VINO SIT as KIND ofmanagers of the farce. Five
or SIX hours are consumed, part in traversing
ire bar, part In argument, part in rhodomon-
tadc. The ladies go home marvelo,lsly de-
lisefcd And in due season an opinion is de-
iivered, reltcrating and adopting all the argu-
ment of Mr.. Pinkney's exhibition of himself.
put forward with it has been said" and IS il
has been truly said" sand would not this be
It's elect" Upon which the orator and his
admirers, never fail TO whisper that the opinion
is mere adoption and rcitcraton.
in the case, undcrreview, Dir Pinknev tool,
occasion, IN his argument upon the question of
jurisdiction, TO inform the court, and the audi
cnce that he would not argue the case upon
us merits. lie appeared perfectly appraised
that the motion 10 quash the writ would not
prevail and after Mr.. Pinkney's declaration
that ne would make no argument upon the
merits, 1t seemed TO be very well understood
that the Judgment WAS TO be affirmed. Al.
though the writ of error did not stand for ar
gument during last term, although the mo
ton TO quash stood independent of the merits,
although Mr.. Pinkney upon one side and the
sounsei for Virginia upon the other, declared
that they would notargue the merits, yet, before
deciding the motion TO quash, the Court asked
Tor an argument, on the merits-And this up
on the ground of erpeGicncy! Ii was mat
ter oil great interest 10 the vendors of lottery
tickets to know whether they were or were
not as supreme rs the Bank ofthe o. States !
upon account Of the great importance of the
p rinclple the court travelled out of tLeir road
10 ask an argument upon the merits The
lawyers =" north cfhe Potomcc" men of'' stout
confidence" could not baulll so reasonable Il re-
4uest-Virginia the defendant had no counsel.
VINO would appear She had expressly en-
joined IL upon The counsel not TO appear, and
lhey had SO informed the court But Mr..
webster, gentleman ''no,ih Of Ike Poion,ac,'
ihiormed thecourt that he was counsel for the
state OF New York, in u case involving the
same principle, and therefore requested to be
heard IN support of the Judgment of the Viz
eiiiia court. He was permitted To volunteer
Tor 'lrglnia--and MIR. Ogden aud Mr. Wirt,
appeared Tor the Lotteries. The argument
upon the merits was had on Friday on Sat
Grday decentralization was sustained and ON
monday the Judgment wls affirmed. To me
all tllis looks like political .anonarre-with
which think courts have nothing to do. 70
aihrh The Judgment OF the state court would
serve, III some degree, TO delay the apprchen-
sion liiat might be excited by sustaining the
jurisdiction Facts like these have star;ledrny
confidence. Let those who observe them
without apprehension, take heed to the con-
sequence
The judges of the Supreme Court are en-
inenl Tor learning, Judgment and rcciiiude We;
incy are men, and like other men are SUBJECT
10 preIudIces and partiaiities. It is eyidepr
mat they contemplate the sovereignty and SUI
Priinacy OF the government of Tie union with
great complacency and that they estimate
very lightly the claims of the states to any
thllg vi sovereign character Ii Is also cyI-
dent mat the legal perfection necessarily I'M
Putcu 10 tnclr decisions, upon the principles 4
nave heretofore explained is left by them as
resting upon something, besides mere legal i'm
putauOn.-Ihe supreme arblters OF the cOnsti-
tuuonai law oi the land, according to their own
DEFINITION OF their own powers, they seem To
demand the confidence of ;ll-and 10 re-
gard the withholding OF this confidence as
hlnd OF treason against the constitutions As
tnese feelings expand themselves, something
use an esprit du corps anImates the whole
bench. Ihey unite, III their rcasonngs. and
IN tncIr conclusions us those who were confed-
Grating against a common enemy.--They
identify themselves with the government q,
the umon,-and imperccptibly suffer an hos
Tile feeling towards the states, 10 get possession
oil their minds. AS if doubt or hesitation i'm
pied cowardlce or treachcry they press
promptly to the disposition of the most inn
Portant doctrines, and make kind of parade
OF their " unanimous opinion" In this haste Il,
dispose OF welghty questions they make asser-
lions and deliver dOgmas Oh collateral mat
ters mat cannot endure the test OF inVesfiga-
ton, aud then question the motives OF those
who expose them. All this is easily account
ed for. 1t results from the circumstances OF
the Judiciary being called 10 determine ou.s-
IONS OF political power. Necessity and cxpc-
dlency are too intimately blended with power
TO be separated from IT, And when ticseen-
ter into Judicial decisions, the Judges are as
hkely 10 make as TO cXpOund the law-tu
lsutp legislative, while they honestly suppose
themselves only dlsehargng Judicial functions.
When therefore, assert that the stout con-
Peenee once had III the supreme Court Is
somewhat abated, It is not that distrllst the
rectltude Of the judges but that perceive
Ia their peculiar duties, q natural tendency 10
strengthen the government OF the union, and
weaken those Ofthe states. Ii is that | thins
II clearly observable, that the present iudces
are yielding too much TO this feeling, AID are
progressively widening the sphere OF their du
Ties, so as to swallow up almost every othcf
Influence IN the nation, III that of the gcnci,.
government.
The eases of the Torn Of PauieR, Dqrt
mouth College, haryi0aM and .WCoioeh, and
Cohens and IirgiHiG have each devciopec
some new principle Of federal jurisdiction, no.
before supposed to exist.-Ihe piiuciplc O.
each Of these cases, is, it may be said, spruna
upon the states, wlthOnt an opportunity 'beinl
Afforded them TO consider and combat the
doctrines involyed.-They have not ORR.
mated IN public legislative provisions, publicl
enacted, upon theatre where public opinion
can be felt, but have started up as from a lark
ing place, concealed under onactmcn;s mad,
il IS conceived, for very different purpose
Among tlie most serious objections that'I Zee