Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-16

IT. clear hat questions Of sovereignty are not the
proper subjects of judicial investigation. They are
much too large. and OF too delicate be brough
within the jurisdiction OF Court Of Justice Courts;
whether supreme or subordinate, are the mere crea.
lures oil the sovereign power designed TO expound and
carry into effect its sovereign will No indepe nden,
s'ae ever yet submitted TO Judge on the bench the
true construction Of compact between himself and
another sovereign. All Courts may incidentally take
cognizance OF treaties where rights claimed under
them; but who heard OF Court making an inou-
ry into the authority OF the agents Of the high contract
ing parties 20 IN axe The treay;whet its terms had
been fulfilled or whether it had become void =
count OF breach Of its conditions either sidel All
these are political and not judicial questions. some
reliance has he.n placed those provisions OF the Con-
sunion which constitute e" one Supreme Court"
which provide that the Judicial power shall! extend
all cases in law and equity arising under this Cor
cn, the laws ot the United St,tes and tr.aes," and
which declare that the Constitution, and the laws OF
the Unitsd States which shall be made in pursuanc
thereof and all tire 'ties Sc shall he the supreme law
81 the land" SC. Now the name of the Supre,ne
Court il il clear that the term has relation only TO its
supremacy over the inferior Courts provided for by the
Constitution, and has reference whatever Ia any SUI
preinHcy over the sovereign States The words are
the judicial power Of the United States shall be
IN one supreme, and such inferior Courts az Conytes,
may from time TO time establish" Sc Though ;,ri..
diciion is given in arising under the Consti H.
ton, yet IL expressly limited cases in law and
equity, showing corclusivsy that this urisd con w
incidental merely to the ordinary administration of iu.
ce, and no, inerded to touch high questions of
l'ctng sovereignty When is declared that the Con.
pursuance thereof shall be the supreme law of The
land IL 10 manifest that rdic il given either as
TO the power OF the Supreme Court TO bn the States
by is decisions, nor TO the b, purs ed in
The event oflaws being passed of the
Constitution. Ard beg leave TO call gen,lemens at
tenoD TO the striking fact, that the power, OF the SUI
preme Court in reition 10 questions rising under tbe
laws and the Con.,utiop, are coextsnsve with tbos.
arising under treaties. In all Of these case. the power
limited to questions arising in law and equity" that
Is TO say TO cases where jurisdiction incidentally ac
tionO iusiirp Ruf,
with regard to treaties, the Supreme Court has never
assumed jurisdiction questions arising betwe.n the
sovereigns who are parties TO it, under the Consi
tuition they cannot assume jurisdiction over ston,
arising between the individual States and the United
States
IL they should do So, they would he acting entirely
out OF their sphere. Umpres are indie ed s,me,me. an.
pointed by special agrcemen', but in the case before
MS, there can he no precnce that the Supreme Court
have been specially constituted umpires But IL the
Judiciary are, from their character and the peculiar
cope of their duties, unfit for the high oIce o. de.
Gliding questions Of sovereignty, much more strongly /,
the Supr. Court disqualified from assuming the umnirape
between the SAFES and the u. S. because il il created
by and is indeed merely of the department.. of tho
Fed Government The u. States have Supr Court
each state has a.o its SuFr Court Both OF the m in the
ordinary administration OF justice, must. oi necessity
decide on the constuii"ns;y Of laws but when il
o""'es question oil sovereignty between these two
independent Governments the subject matter il equal
~ removed from the jurisdiction of both IL the Su.
prcme Court Of the Unied States can take cognzance
Oh sGch aqestion, so can the Supreme Courts, of the
states ou', can ~ De -EpIose Tor that
when the States proceeded To enter into the compact
called the Constitution the U. States they could have
designed, nay that they could, under any circunst,n
rave consented oleave 10 court IL be created BY
the Federal Government, the power to decide finally
on the extent Of tie powers Of the hter and The mi
'aons on the powers OF the former. II had been de-
signed to do so, il would have been declared and
assuredly some provision would have been made TO Sc
cure, as umpires tribunal what differently con-
stiuted from that whose appropriate duties is the ori
nary administration OF Justice. But to prove, a.
thnS, conciNsvely, that the judiciary design.
ed to act umpires il is only necessary TO observe
that IN at majority Of cases that could ami.
testify not take jurisdiction OF The in di,pute
henever 1t may be designed by the Federal Govern
meDt to commit violation OF the Constitution il can
be done, and always i'll be be done srch manner
as to deprive the Court of all jurisdiction over the sub
ect Take The case of the Tariff & Internal Improve.
ments whether constitutional unconstitutional il is
admitted that the Supreme Court have no juri.diction
Suppose Congress should for the acknow ieJged pur
pose oil making an equal diuibnon Of the property
% re country, among States or individuals proceed
to lay taxes to the amount OF $50, 900 600 We ar:
Could the Supreme Court take cognizlnce Of the act
laying the tax, or making the Distribution: Certainly
not.
To be continued