Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-07-20
THE ATTACHMENT CASE-No. I.

To the Editor Of the .Aierdndrid Gdzefte.
SIR:-In your paper of the FIRST of this month
is published the answer of John II. Peasants to
the rule of the United States Circuit Court Of
the District Of Columbia, sitting in Alexandra,
requiring him to shew cause why an attachment
should not be awarded against him, to coerce his
attendance as witness in an indictment then
before the Grand Jury, and to answer for his
contempt in not only failing. but positively re.
fnsing, to obey the summons OF the Court. after
it had been legally served on him. With this
answer. there are also published some remarks
of the Editor Of the Wing and extracts from
letter OF his counsel to him. The Editor $50.
Z" IicIts the attentive perusal OF that answer by
"gentIemen Of the bar, and by The public at
IS large, believing as he does that grave princi.
" Piles Of constitutional law are involved IN the
:. case;" and his learned counsel in his letter n.
forms him. that sin his case there has arisen
a state rights question ofportentous import, and
one of far more interest than many that have
made more noise in the counry"! have read
with attention. not only the extracts from the
letter of the respondent, but the opinion Of Judge
Barbour, referred to, in the answer. Without
pretending to the power Of intellect or Of legal
&C qsiyeme nts, which have been justly ascrbed to
both She counsel and judge. as one Of that public
whose attention has been solicited, il shall be my
humble effort to show that the legal positions Of
the learned counsel and Judge are not sustained
BY the constitution. They both have gone over
the old beaten ground of state rights. more dan
gerous to our happy Union than any political he.
resy that has ever existed in this country. The
counsel assumes that Virginia 10, under the con
sfifuiion of the United States, a sovereign and
independent state: the correctness of this pro-
position deny No state in the Union can un'
der the constitution be sovereign, and conse
quentIy independent Of the other states. The
people Of each state have, by constitution perPe
tual in its terms, surrendered the most important
portion Of their sovereignty to The people Of The
United States; they have yielded to the U. States
the power TO lay and collect taxes, duties. IN
posts and excise--to provide for the common de-
fence aud general wefsre--to regulate commerce
with foreign nations and the several states-to
establish an uniform rule Of naturalization, and
uniform laws on the subject Of bankruptcies
coin money and fix the value thereof OF fore.a
coin, and fix the standard OF weights and mei'
sures-to establish post Offices and post.roads-
TO define and punish piracies and felonies com
United on the high seas, and offences against the
law Of nations--to declare war, grant letters
marque and reprisaI; and Of course to make
peace and treaties, to raise and support armies
and provide and maintain navy. All the above
are high powers Of sovereignty, in addition 10
which the states are prohibited from passing an!
law in relation to these subjects. How a''e
this surrender Of such powers, can any state Os
considered sovereign or independent Of the o'he'
states! Under the constitution, none OF tls
states can exercise more than portion OF So
vereignty: they therefore can be regarded as o.
i more than .demi. soyereigns. shall not t,.
Z any further notice of this vexed question: Ou'
proceed to the examination Of the positions ~
sumed BY the learned counsel 10 his letter to ID,
respondent. The Circuit Court Of the District"
Columbia is in this letter called "a foreign ~
/ " risdiction.' to which it ~ alleged the resPooG
ent never was subject, and against which ne
charged with no offence, but that OF deei'n%s
g upon bis native soil,' the ertra.territona ~
risdiction Of "a foreign tribunal orer ~, pa' (
g SON and i6erfy The substance OF hl' ms - Z
that the United States Circuit Court Of the u.
trict Of Columbia, sitting in Alexandra Is {