Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-01

that II was int nded TO confer the federal by
Implication, power subjecing their whole To gi-laon
aud their udgmt n,s and DEGREES H., to his ne alive
OF the federal courts. cannot be that this pfotrs
OF the independently OF the State judcatoie this
powers, could be left to any iwpc alton sutbsri
| The committee are, Therefore, OF opinion tina, the
power to enact the 25h section above reei,rd Is no,
expressed III ihe Constitution OF the United tstes, nor
properly an incident TO express power, and ncces
shy to its execution. That, il cont,nued and scqui
escsd in. as construed by the Supreme Court raises
the dec zion OF the judiciary above the authority OF he
sovereign parties 10 the Constitution, may be warrant
for the sumption Of pow not dele gated in the other
departments, no, carried by the forms OF the Constu
lion before the Judicial department, and whose deci
sions would be equally suthoeavc aud final with the
decisions OF that department.
| However, Therefore. it may be admitted or deuied
that the judicial tment Of the federal government
IL, In al questions submitted to II by the orms Of The
Cons IT'D ion, decide in the last resort in relation
the autho tiles OF the other departments o. that govern
ment, can never be authorized to decide in relation
to the rhgts OF the parties to the constitute compact
from which the judicial, well a. ,hs oher d. part
ments hold their delegated ru"s; on any other hy-
pohesis the delegat OF judicial would aonu
he power deles aung II, and the concurrence OF ts
department III usurped powers, might suhvert tor
and beyond the possible reach Of any righIul remedy
the very Constitution which all were instituted TO pre-
serve
"The authority Of constitutions over ernment.
and the the sovereignty OF the people over eonsu-
uon' are 'ruhs at all times necessary to he kept in
minh,' ami il is matter 81 regret 20 the committee
that l. should have been asserted, that The Con
sutu'lon, Whose lace u much labor TO
aud dene the several Obi ecs OF federal power
could intend to Introduce in the umpn an indirect
ntr sDd by orctd construction, the vast aud utift
jnrisdicton involved in the lou OF the law under
considera'iona jurisdiction wing the ire
held OF their legislation aud alton; jurisdiction
that saps the fouoda Of the Cons,uton as system
OF med and specified powers osliterates the sove.
regnty OF many epub cs wned for their de 6anee
oil tyranny, and whose eaous limitations Of power had
preserved their liberty, and secured fer them pros
perry the wonder and admiration Of the would.
he ntft mil All NJ In rttra
this di pu'ed power ha given rise 10 painful collisions
in the State and ederal authorities, calculate to dis
tUrh The, rmony OF our system, and TO weaken tina,
confidence and affection, which are du. to the repsc
tive governm ns in the consti u,ionai exercise of all
their functions.
The committee will only add one mors extract from
Mr. Jef.rson. which 10 be found in a second serie.
OF resolutions adopted by the Legislature of Kentucky
the IA November, 1893
Tha, il those who administer the General Govern
ment be permitted TO transgres the limits xed by the
compact by total disregard to the special deeg aons
OF power therein contained, humiliation of the
State Governments, aud the erection upon their ruins
OF general onsolidaad Government will be the in
evitabe consequence: that the principle and consruc
lion contended Jr by sunry OF the Stale Legislatures
tina, ths General Government is the exclusive Judge
oil the extent Of the powers delegated il, stop
thing short oil despo'lsm sincs the discretion those
Who ada mister the GDS eminent, aud not the consu
ton, would the OF tbsir powers: that the
several Sta'ts who termed that instrument being So
vsreign and Independent, have she unique ion bile
rirb Judge Of lis inrac ion: and that lii ation
y ii
unter col'r of hatnsrumep,, is the righuul remedy"
The mmittes will now proceed 10 examine III. |
provisions OF he 70 section, AMI compare them ia
the powers Of the ferai court, conferred by the
Constitution OF the Uuited Saiss; and then submit Tor
the con Iteration OF the HOu-e two judicial decisions
OF the highest responsibility, declaring the said % h
section unconstitutional
Tie whole Judicial power Of the United States is de-
CARED by the constitution to be vested in Supreme
Court, aad in such fsior courts Congress shall
from time time, ord.in and es,ab ish. Can Con !
-,
ton OF tha, power! Did the conve n ion contemplate
IN using the term appellate ju'idicton, the right and
power OF tax ng appeal from State court TO tn
Supreme Cour' TIE answer to these questions mus
be found in the constitution. The Supreme Court i.
given original jurisdiction only in two classes OF ca es
10 VIZ In all cases an citing ambassadors, her public
minis eTs, and coniu's, aud those in which State
shall be party. The only in which State can
be party are l't, where the controversy is b.wee
two more States; aud, ID where The controversy is
between State, or he citizens thereof, and foreign
ates. In all other cases bfore. entonei says In
constitution, the Supreme Court shall have appellate
What courts havs the ginal juIsdic.
uo0 in all hese before mentioned the second
section OF the ih article, OF which the Supreme
Court has only the appellate jurisdiction! Let a
answer: in 'such inferior courts as Con.
Sress shall from time TO time, ordain and establish
Is Stale court an Inferior cur the constitution does
not say So IL the trainers Of the tuition had so
considered them, and had ended Inc right and
power OF aking appeal RON tht ir juds mens to the
Sup eme Court, was an easy matter, aud they doubt
less would have said 81: tier omiuog to do so, is |
~
gwen Ii is unreasonable 10 be i we hat they wno
who were very precise and spechc in the enunsIa
lion OF cases ami powers OF Infinitely less NON MT
would have lett to implication and inference power
that breaks down all the barriers between the State
AID federal governms MIS-
The constitu N not only invests the whole judicial
poloer e the United Stats in two specified tr,bu-
nas, but also prescTibes aud dsclA the duies and
rights, aud tenure OF Office of the judges who shall
constitute them; not one OF which is app able TO the
courts or judges OF State courts. The courts in thr
eH bJ I'm.
gTeSS; the Judges must receive their app from
he President, with the ot the Senate: tbev
are 10 hold their Off during good beh iviour their
c1mpr nsa ION caonOt be diminished during their con
tnuance 10 oiiite; I'D made able be inn. arhed
and removed from Office by the S.nate of The United
States. Such the courts and judges that the con
shuioO invest with ihe Jui.d ci,n OF all so her cases
bel rr-ueniJned in the .econh section OF the third
article OF that INSTRUMENT, with the exception Of Two
claises oil c5sss which original l. given
10 the Supreme Court. Not Of all these requisites
characterize State courts or judges The State courts
are not established by Congres; the State Judges do
not receive their appon menis from the Prssd-nt by
and with tn advice and con eDt OF tie Senate; they
bold their othces not necessarily dutiog good b.
but by such tenure he ) ates shall choose; th,i
compensation may be dmlnlshe at the 4 asurs of he
Sta a., and they not responsible to- or able 10 be
i'Dpeached before the Senate OF ,he United Staics
The committee ere aware, that, sine, the able and
nndnsWerabe BuneGs on the twenty fifth section ia
the Surrem, Court OF Virgins, the adv ca es OF iede
raj oxer have assumed the position that the rigbt Of
appeal Is claimed Tor the federal court on the ground
that toe case arises under the law, treaties aud con III
luton oil the United STATES, and not the ground hi
the State tribunal is inferior one from which
writ If error would lie. The natural result of this
VIII be- at, the po on be true, 1t will prove too
much III the nature OF tbs case be he only ground
isdc ION viii II not authorize the Supren Court 10
I,ue cla len or writ Of error 10 court OF England or
IL IN Iha RrnN - 81