Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-23

AWAY from, ana avoid, the contemplation oi any ar
currents coming iioy the supreme court vi the L. ,.
This chance, however, of its being 80 read has been
greatly abridged 10y the refusal of the editors of the
Enquirer To give il place in their widely circulating
paper.
Ii is srenuous!y contended that the Restriction con-
tanned IN the eleventh amendment is applicable not
only 10 every case IN which individual as plaintiff
commences a suit against state, but also To every
case III the progress OF which the individual becomes
the plaintiff no matter which party may have con-
menred the suit. The correctness of tins exposition
depends on the meaning of the term prosecute, us
used IN the amendment So long AS the state is adj
United to he the prosecutor oil the suit, 1t is pre-
tended that the restriction applies it, Suppose the
State oi Virginia To bring suit in the general court
against one oil It's citizens for sum of money which
he owes TO the commonwealth. While the case re-
mains IN the general court, II Is admitted that the
state is prosecuting suit against the individual But
the state recover Judgment in thar court and the
individual, under permission of law, carry the
the court OF appeals, whether 10y appeal, writ OF error,
NC. we presume IS immateral, the name of the ind-
vIdua' will now stand first in naming the case, and
he Is the plaintiff IN appeal, error, &c. But can
ne be SAID, on that account, 10 be prosecuting suit
against the commonwealth Ii appears to us that
the commonwealth is still prosecuting her suit for the
recovery Ut the debit and the Individual is defending
himself against her claim aud there is substantial
chahSe IN the case, except the change of tribunal !;
and though the individual may be clcrically SAID 10
carry ON, or prosecute an appeal, SC. against the
state, the suit is still the sme and i, the suit of the
commonwealth against the individual. II this be
not Tue, then whenever Il suit Is removed from one
court 10 another, II becomes a different suit and
there will be, in each case, many different suits
there may happen to he removals ,y appeals, writ Of
error, habeas corpus, &c. from court to court.
but It appears TO u.s. that conclusive argument n
S'hnet The restriction commended for, arises from the
unreasonable construction which would necessarily
ow, on The most important parts of The constitution
anu though we are sincere advocates for
struCtiOn oil that Instrument, must admit that a
reasonable construction is necessary. II we admit
mat the Judicial power of the Uuiied States cannot
interfere between individual aud prosecution by
state, the citizens OF tie Union may he easily de-
prNed o the most important advantages aud securi-
ties provided for them in the constitutions Suppose
stale 10 he driven by faction, (and we are Frequently
told that the judicial department itself is not away VS.
ifee nom IT'S conasion To pass and sanction post
ttct0 laws. Can IL he reasonable consiruc ton of
the constitutions that CITIZEN must perish, before
the lace OF all the Union, under this violation of the
supreme law oil the land by one of the parties 10 the
compact, contrary 10 the op Mon of all the other par
lies iind OF those persons who have been appointed
6y gu ae pUtieS for the special purpose of preserving
ana executing the supreme law of The land The
consequences arising from this construction are
worse Eve Will moi say than consolidation, bat y Than
e dissolution oil the Union for we should have, and
mISht rely upon, the name of Union, when in
Fact there would he union. Ii Il foreign nation
were To make war upon our country, and single
HiNoIt1y situated were 10 favor the enemy She might
idhere To HIM, and give him aid and comfort and all
The rest OF the Union could not legally prevent her
one might receive her armies her territory and
uchI tiiat uleTe was any INVASION, SprIt
anu manner, as on nIeniuI able occasion, il was
denied thai there was any Danger Of iitrdsiOR and
Ike some p'ous town that we have heard of, which
passed m ordnance, (or particular purpose J that
Inc dunn should not he beaten in its streets, the
edced6te stale might pass laws making il treSplSs for
men in blue coats to walk tin ough the fields
(and The military must he subordinate 10 civil a,-
Ihor'ty ; and should we march army TO expel
Tie enemy from her bosom, she might mprson our
officers and soldiers, and the federal Judges could not
release them by habetS corpus.
itwould betray vanity, and even ignorance, in us,
to pretend that we have said any thing entirely new
ON this important subject. We do no pretend 10 it,
the public, that there is least one, though erainly
not, me lust Of the republicans OF Virginia, who can
not follow To tie extreme length to which, appears
to him, the doctrine of rights is aried by some
OF our most respectable politicians But even in this
wish we can he but partially gr,tifed since The able
Editors ol the Enquireit have thought proper on this
ocf as'on for the FIST time, close the doors of their
press against admission the of their widely
circulating paper, without giving the slightest notice
oI ;he Fact, least perhaps by dong so, they nigh
al ract some attention 10 sentiments which otherwise
might die unobseryed in the more obscure columns of
The Mercantile Advertiser. Mr.. Ramsay must not
ner, from our last r=nark that there is any want of
respect ior him with JUSTINIaN
Unless we should happen J have genera! Jackson to
maize an exception 10 this rule.
ne Nos OF Justinan originally offered the En-
9re-but We're not published the time, OF
10 pressure Of other engagements They subsequently a-
pe'ed IN the Mercantile Advertiser - from which ley
are how re-published in the Enquirer.
Editors # Enquirer.