Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-05-03

OF eases, 40 Vi1ich class Codens' case belongs.
The judicial power of the United States cx
trnds IL al! cases in law AID equity, arising an
der IN" constitution, laws, and treaties of the
United States, and Ia them only. except where
the character Of the parties gives Jurisdiction.
Now, the question is, what is a case arising
u,der The consultation, sc. The Supreme
C";ut read the constitution thus: ~ the Judi
cial po"er ofthe United States, shall extend Ia
all eases !. law aud equity, frsm whatever
source arising, tctoss decision depends on The
correct construction o. tie constitution, iars, or
trertics cf lie United States" {cnnfrss thai
shall be almost ashamed nf ;he simplicity ef
the proposition, which, if | say any thing on
this point, must advance. The proposition
will he that the words, :: arising under the
constitution" Sc. mean neither more nor less
than arising" not under the constitution OF
il state, or the laws of II state, hut under the
constitution, SC. of the United States" This
class of eases, cases arising, c,Dphatically, um-
der the constitution, S.c. If the United States,
is very nupierous class. st comprehcuds
treason, and every possible offence against
the United States all cases that arise from
the revenue laws, direct or indirect from the
laws regulating commerce +; the laws re-
Ia,ing IL natuTahzation, the coin, the post
office establishment, the army, the navy,
&c. al FACT all ihrs" cases, which may arise
III any possible firm, from the exercise by
Congress ct the various powers with which
| they are iniriised but not cases actually hav
iRg their origin in the constitution or laws of a
state, coming in their course, into collision
with the constitution, Sc. oftkr L nitca States.
THIS construction, in support of which learn
inG will have nothing To do, and ingenuity
nothing In say, and which will probably, there
fore. he opposed by both, will he found to re-
4 l.
from an embarrassment, which neither the de-
cision ofJutl@e Mexican, nor the report OF
1899, has entirely removed.
! Ii is very obvious, that the discussion oil
/ these two propositions will require very little
tune, and occupy very little space. Strictly
speaking. therefore, it mry not be necessary
to present the public with view of the vari-
Gus topics incidentally and collatcrally con.
ncctrd with this subject. But my impress
sinn is, that this view will be useful The
people OF the United States, even the most
intelligent among them, seem not to he fully
aware "f the political character and influence
OF The tribunal whose lccisibns it is proposed
tnc vamnr :decitons which, when marking oul
the boundaries ef judicial power, form a part Of
| the constitution ofthe United States. Thee
do nat appear To be fully appraised of the ur-
| eXamp'ea cxtrnt and magnitude Gifts power
or that this power is absolutely without res
possibility. Nor do they scemto have reflect
cd upon the Inevitable tendency of all power
and especially of judicial power, and more
especially of Irresponsible ludicia, power, 10
extend itself in every direction. These topr.
are worthy Of serious conside ration, and i
hrrth, and leisure permit, they, with som,
Others highly Interesting, shah, in due time
rae submitted In the notice OF the American
people.
| | ought MOI TO conclude this letter, without
tcndrrinSto you, as now do, my sincere
thanks. for the promptitude and libp .ty oil
your o!lrr To print, at your own expense and
risk, 1000 copies nfan essay, directly hnstilp
20 v"ur oWn opinions. Your motive gives Ia
this offer additional vaiIr. Yon were willing
tn incur this expense, and risk, rs soon as YOU
understood tiiat iilr proceeds were to be ap-
| piled, as Hen Intended they should he a,-
| piled, as far as they might 90, TO the purchase
at books for the library Of the University oi
Virginia. 1.-THE sentiment which dictated this
| offer, had prrvadrd majority of the last Ge-
neral Assembly, should have no occasion to
drrlore, ~ do most deeply deplore, the fail
urr ofrrrry proposition fnr the benefit of that
institution.
.i.ha'jer Of The Legislature Of Yirg,nia,
a, 1920.