Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-22

thores Legislative discretion finds lis limits there
no shall decide when its boundaries transgressed
II this power had been placed in Congress- them not
the Constu'ion but the will of that body would be the
fundamental law OF the empire IL is In the nature Of
things that there must be irresponsible power
where's and I'm the adjustment of the parts of our Gov
eminent, IL was deemed essential TO the uniformity of
its action, TO place beyond the influence of those COM
motions arising from popular errors which indiscrmi.
nately DESTROY, and soon pass away This mower was
therefore, intended to be placed in judicial officers rem
dered immoveable, save for misconduct.
This body being the ultimate tribunal, from which
no appeal Hes must necessarily decide, among other
things, upon lis own constitutional powers The only
reliet from its ERRORS rests i'm resort to ns
OF the Constitution TO Impeachment of the Judges
aud IN cases OF hagrant usurpaons TO refusal by the
officers to execute its DEGREES Corcible resistance
the part Of the State which sought to be subject
ed to its power
While we deny TO the Supreme Court the right to
bring us before its judgment seat have no reason to
believe that IL designs to usurp authority over us or
that IL will persist in enforcing jurisdiction when 4,
is convinced OF its error Indeed the Court seem to
invite TO discussion of their power i'm IN. cos;no
part oil their opinion, where they saw thar the ones
ton OF proceeding to final Decree will be
as not concusvely settled until the cause shall come an
TO be heard in chief"
However clear we NAV consider tho oues,;on ~ ho
that the curt has no power, yet the only peace al ri
buna which has cognizance OF the question has decid
ed IT, Professionally, against us and il becomes a ques
ton oil magnitude, whether shall now assume an
attitude Of resistance, whether we shall embrace The
opportunity still presented to debate the question
Ii VIII be proper TO enquire in the first place II any,
AMI what rights OF the state will be compromted h.,
an appearance in Court TO contest the ur scton and
ultimately to try the merits of the dispute between he
states resort 10 forcibie resistance. would he both
unwse anu 9noecom'ng in the State, except undis
puted ground, and at the last point oi forbesrance
" has been feared by some, that il we should apre,r
IN our', we should thereby waive right TO object
10 the jurisdiction in the subsequent progress OF the
cause W law OF Congress he necessary TO rive ef
iect TO the Constitution, and the Court takes no rs
dction without il, then appearance by the state
valves nothing. Jurisdiction cannot be conferred bv
an act, which does extend il all over the S,at.s
The Constitution or the Law, or both conio;n,Iy ,r,,,
confer such jurisdiction; but no State can be,,ow
it, either by implication express consent II ia
RUE OF .aw' hat The consent OF party does give
jurisdiction; Court t'kes power by virtue
OF it, than an unofficial person. The authority of ,r
buna erected by the consent of the parties il deriv
eu rom the submission and cannot be extended be-
yond its terms 'onendng, as do that the clause
oil the constitution, which declares that the judicial
power shall extend to controversies between States -
dormant power, and does not attach to any tribunal
until II is verified by act of Congress- our appear
ance, in comp ance with summons from the Cour,
under protest against its proceedings, will admit no
thing.
that the Constitution should be interpreted TO mean IN
invest the Court with jurisdiction, which il is una
BILE TO execute for want OF process bring the party
into Court; yet have right 10 contend and tb;nL
we will be sustained by the Court and the enigbten
ed sense OF the American people, that the technical
rules oil law, so proper and expedent in ordinary eau
SEES, between private parties, ought not to apply 10
case so peculiar and momenous. This case is entire
ly anomalous involving great and fundamental uues
ton OF right IL is TO determine the limits of power he
tween State sovereignty and of the national
government, beyond which there is no appeal except
to that which the bond of the Union and involves
us in all the horrors OF civil war Such rights az we
contend for. are not TO be controlled by echnica;ies
and cannot be waived by any implication. We have
toe much regard TO the public peace TOO much
TOR the constituted authorities much in
tain'ng the National as well as State Governments in
their proper spheres, to put at defiance any breach OF
authority created by the Constitution until argument
and remonstrance exhausted.
We have great confidence, that when the me rits of
me controversy between this State and New jersey,
shall be examined, they will be found TO rest with ma
u this should be the result OF an before
the Court. IL would quiet this hitherto vexaous dis
Pute, which has so long disturbed harmony with
sister STATE. III known judgment should pass con-
trary TO our expectations, and justice SHOULD not de-
mani OF us TO cede the disputed territory and 20
should still deny the authority of the tribunal w y
should then be in as good condition resist the ex
ecution OF the ud gment, il il had passed again. no
by default OF appearance.
As the Court has fit TO select the Executive
and Attorney General, as the proper persons TO bring
into their court, as the representatives of the state
SHALL unless otherwise directed by the legislature in
suct the Attorney General 10 protest against any eyi.
dence OF right by appearing and to appear and 10
test the suit in IFS progress TO its final determination
+. L. THROOP.
Albany, March 10, 1881.
.Nso York Us. .Neto Jersey-Ws have commenced
'o-day, the publication Oi thu d1cum snts which Lave
been laid brfor the Legislature relative the conro
versy between this state ADD he state OF New Jer,ey
TO ierritory AMI urisdctonal limits L. ann arr hs,
ew jersey has commenced suit in the Supreme
Court OF the United States. 10 which she sets forth
that she is Justly and law ully entitled the excu
the Hudsoo River from the Ala, degree of iatute to
the bay of New Yok or midway of the said river and