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

State court. and 10 remove ~ Tor 6nsl determination
10 the suPre,se Federal Court, much greater out
rage on the fundamental principles Of theoretical and
practical liberty, as established here, than the odous
writ oil quo DarTdnfo, as was used in England by
anncai kins, To destroy the righs Of corporations
The end aud aim la both cases, were similar; ia Eng
land was 10 make corpora atoms subservient to the
kngy Peasure; here, TO make atss ub,ervient to
federal extavagaoce aud asgrandxsmsn,.
The last arguments used by the advocates Of federal
power lie, that the action OF the federal government will
DC so sc'pped by the repeal OF the twenty nth section
OF the If $50 that its wholesome operaton, will be
a.es" q. AIhoush the committee will not aeknow
ledge that such would be the necessary .Quen
yet may be admitted Tor the cake of argument wIt!i
cut angling the result.
Tue committee believe that il is the ratiye duty
oil Congress to repsa without delay, any of ts
contravention OF the contribution, be the
what they may. II Congress had no power to pas
such laws, they are null aud void and ought not
man on the statute book; such be really necessary,
The power that created he constitution can and will
md It, Necessity aud expedience the pleas OF
me 'yran'; nsmsnt, the dictate OF the con,itution
ny pursuing the former course, we trampe upon the
constitution; by following the LATER we 20 back to the
people, III. original source OF all power.
IL has slso been urged as branch Of this argument,
that the 25th section is indispensable. to that supre
cy oil the 10 sral court, which is required
Tue peace OF the country with foreign powers. and to
rehder uniform all judgments in treaty css,s The
answer to 'hsse objections TO the repeal the 25ih
section, the committee believe to be full aud pc feet in
tue Gaze oil Hunter vs. Martin aud prefer prese pting
IN tue Language Of the able Judge who delivered IT,.
" nave said that this controlling power was not
seoua 10 preserve he peace OF the naton.- Without
gong to o h.t combinations hores on the sub
lee II Is suioi sotto remark that The American people
nave decided that 1t IL no cause OF offence ioreign
lions, 10 have their causes decided and xcu.vey and
h1aly decided by the State tribunals In tina, amend
men. 10 the constitution by which the iur.dicon of
Tue federal courts r0hbited suits brought
Tue oa'e oy foreign citizen. or subjects this
"on - undoubtFd and ha' never been complained Of
since the adoption Of that ndment, the ton
oil lufsdie'i has been en- rely taken away from TO-
re'shers IN suits az aims the Saies aud those suits
can now be brought in the States courts in exclusion Of
e'e'y o'he'; aud that too in cases, 10 which from the
crcumstdnces OF the States themselves being paet.s
m,ght pe'htps be plsusiby urged that the Judges OF
inc STATE courts free from bias consider In
ms declaration by the American people, and which
mas never ex'lsd murmur ia foreign nations, has
put down the notion in question Ii has settled the
question forever that is no cause of war 10 foreign
nations that the State judcaris should finally decide
he causes, elected to be brought therein by their sub
Jecs. IL has consequently overhrown the only ouu-
dalton on which the wbos supsrstucure II the twenty
III section OF The judicial act has been supposed TO
mat Pret"nce Is ms only one on which the pow
in question could be attempted TO be justified That
OF rendering uhiorm all Judgments in the case of tire
ties, Is sil less tenable and is not attained nv the
scua' provisions OF the judicial act Uodsr that oct
Inc appeal equally lies to the Scpreme Court of the
United States, where such uniformity already exi.t,
aud is denied where it is ,oanted.
"lt Tor example, the Supreme Court Of the United
States has decided against treay, and the Supreme
Sour'o' STATE uscuss the same way, there this uni
iormly already exists, and yetthe appeal il allowed
III on the other hand, the former court dec dies az inst
treaty, AMI the later in favor OF IT, this uniformity is
waiting, yet the appeal Is denied"
The following is the unanimous opinion of ;bs Su-
preme Cou' oil virginia, in the above ,tated case.
"The Court is unanimously of opinion that the ap.
Peate power of the Supreme Court of the United
States does not extend this court under sound con-
sructioa Of the constitution of the United States; that
so much OF the 25h section of the act of Congress 10
establish the judicial power of the United States as ex
tends the appellate judicial power Of the Supreme court
70 ns court, Is not IN pursuance OF the constitution of
the United Staes and that the writ of error In this case
was improvidenty allowed under the authority of that
act that the proceedings thereon in the Supreme Court
were coTdm non judicem in relation this court and
that obedience TO its mandate be declined by this COURT
The committee will present more judicial opinion
oil Sale court against the powers conened for by the
Supreme Court of the United States.
The Supreme Court of the Common wealth of Penn
sylvania in the case of the Commonweat VS. Cobbetf
solemnly and unanimously refused TO permit the defen
oant, VINO ws an alien, TO remove in which he
was sued by the State in its Supreme Court, into Cir
cult Court of the United States Notwithstanding the
comprehensveness of the words of the twelfth section
oil the judicial act The court, after deciding i'm the
nos. explicit terms, that all power not granted the
Government of the United States, remained with the
several States that the federal government was league
or treaty. made by the individual States as one party
and all the States as another; that when nations diff
Ter as 10 the constructor of a league treaty exist
ing between them, neither has the exclusive right
10 decide II; and that if of the State. should diff
Ter win the United States as 10 the extent of the grant
made TO them, there is common umpire between
them; but the people by amendment of the constu
uon went on to declare its opinion on the subject
and oyerruled the motion the ground that the sove
reign State OF Pennsylvania could not on account of its
dignity, be carried before that This was the So
lemn and unanimous decision of the Supreme Court of
oil the most respectable and republican states of the
Union. - $40
The decisions OF these tribunals the committee con-
Ser oil high authority and great weight; the Judges
who composed them OF exalted character pat.
Tiosm, learning and ability They had taken the same
oath imposed upon the federal judges support the con-
'tuton OF the United States, together with the super
added obligation TO maintain the constitutions of the
states, whose judicial powers confided TO them
The committee 10 not pretend TO originality in the
views and privileges of this report on the contrary
hey believe they could not better discharge their duty
Or render more acceptable service to the House
man by presenting the authorities on which il is foun
ied Believing the section Of the act referred TO the
consideration OF the committee TO be unconstitutional
they herewith report bill 10 repeal the same.
Hunter -. FarfaI, 9th Mumford)
t3d Dallas f73.
of m orr h, ~.