Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1834-12-04

mong these documents must call your attention
psrltrulnrly 10 the Resolutions of the General As
scmbIy Of the State OF Maryland upon the subject
of the Western boundary Of that Stale, AM TO The
determination which one Of these r. solutions an
nounccs, TO institute a suit agnIns, this Common.
wealth. in the Court Of :he United States for the
purpose Of obtOining by Inc compulsory process Oh
that Tribunal partition Of the Savefeigniy,
Jurisdiction and Terrtory OF tbs Commonwealth.
10 meeting the high responsibility which requires
me TO recommend 10 your eonsderahon sueh mems
ures may deem cxpedicr, ia regard 10 This m i.
ter feel constrained % advise hat no step what
ever be taken by YOU q, THIS time either TO avert
OF TO provide Tor seeh an event Heposing IN con
Gdcnre upon the allegiance aud hJeltty OF her PEG
pie Virginia binds them to her by none other than
the 81 ken cord Of their own affections. II any OF
them shall desire 10 fotsake .her brethren at any
time, let them do so, and III peace. we "'ii SIN
unite in invoking prosperity and happiness upon
their future lot wherever this may be cast But 80
long as they desire 10 remain what they ever have
been, par, ofourselyes, no earthly power will d.
vide u.s. while We have any means 10 give elect to
their p0ns wish.
say this with no disirost Of our perfect rights,
or of the integrity intelligence oil tho forum Sc
eced 10 pass upon them. 1--WE could submit qnes-
lions involving matters OF such high concern 10 any
Judicial Tribunal, perhaps none better could be Sc
lec,cl than lha, bdlre which the General Assem-
bly, of the State OF Maryland desires to force US TO
appear. Ba, il hof,s rot soscrtisniy 10 submit The
question OF is o@n existence 10 any Judcaturc
whatever The same authority which IS cqaal TO
spoil state of any portion OF its territory con
trhry to ITS consent, - also equal 10 annlhilatc
the very beng of the State sff. In conScntlhS to
appear and defend hts before any tribunal not
chosen by ourselves We virtually admit us aulLor-
ty 10 determine the matter IN controversy ana as
Virginia can never consent TO hold her territory at
the will OF any other, she never ought 10 give coun.
tenaace 10 the idea that she will abide by the expires
sion Of amy such Nl.
The Consrcsa OF the United States, although of
ten impotuned to do, have ever steadily tc'us-
cd to pass any statute prescribing the process or
proceeding 10 be used by the Judiciary of the Unit
ed States, IN the rclse Of that Judicial power
granted TO by The Federal Constitution, and there
N declared to extend to controversies between
two or more States Even # Congress had ever
enacted my such statute it seems obvious that the
" conIoycrsIcsp mentioned IN the Constitution, can
not be such rs involve the existence Of one of the
parties. 10 retain jurisdiction over such conlro-
vcrsics, it ia Indispensable that all the parties lGl
CANT should be States If either ceases to be such,
whether 10y the judgment of the forum Itself, OF by
any other means, The jurisdiction viii necessarily
cease wlt'i the loss of lhls political character.
would be impossible, however, II conceive the ldca
Of State with1ut territory; and equally imPoss
BIZ, for the judiciary 10 define what loss OF tcril-
toy might be compatible with the enJoyn Mt Of
sovereignty and ind, pcndcncc. Hence, II give any
eject 10 this grant of Judicial power over eontro-
VERSES b tween two or more States" we shall be
compelled 10 limit tn jurisdiction TO such contro-
yorsics only as do not necessarily and directly in
yoye questions OF Territory, of Government, OF Al
lcslancc, and the like, that include the very eIe-
mcnic of a State, wIthout winch it could not posi-
bly, exist as such.
Moreover, he Constitution itself which con-
munlcalcs this Judicial power Of dc cdlng ooniFo,cr-
sizes between two or more States, contains in terms
the mu'unl and reciprocal rccosni,ons of each OF
the high contracting parties in that instrument, that
all the other parties ra,iying The same are States
Now as territory is lndispensbly ec5ssary to con.
sliute Stale, il il IS asked what territory was re-
lerrcd to IN these solemn rccognirioGs the oaly
answer which can be given, must be, the territory
then held by the several contracting parties, and
claimed by thom respectively as their own. This
idea IS confirmed strongly 10y the provisions of the
Sd Section OF IFS iih Article. Bu, il seems mani
testify absurd 10 suppose that any department of the
Gcecrnmrnt created by this C1usiltuti II, could be
thereby endowed with tho power 10 vacale and an.
nu It's own expressed provisions and rccognlions,
which all arc sworn To support. Especially when
II Is seem that the consent the Legislatures ofthe
States concerned, as well as of the Congress- is &c
qul1cd 10 the totm1uon of II new State within the
jurisdiction Of any of the recognized States or by
the Junction of Two of these States or pats
ofny of them. Therefore, the Judicial power can
not be equal TO do that net Tor the accomplishment
of Mhich the consent of the parties lulsnnt
l1 mil, #,
MED ~ the assent OF the Congress also TO the an.
nhaton or partition of an existing and recogniz-
cd STATE.
f'hr Court Of the United States take cognzance
of this controversy, and affirm our undoubtcd
though undrteudcd rights the State of Mary land
Will probably he content with the award of the f..
rum she has herself selected. Ii Will be time
enough tor us to inquire INTO the authority of the
JUDGES, wh.n their acts threatening 10 ranster the
willing ALLEGIANCE ut our ciNzcns,& 10 deprive us Of
the proceedings of the vast sums Virginia has ex-
pended IN lmprovn. the territory IN question, are
likely To prove puulicial TO our ancient and adj
miltci possession, and consequently to our future
resources.
1t Is possible that the State of Maryland may
have adopted the she has determined t. pur-
SUI, from mlsconception Of the OF the ques-
tons which are supposed to exist between us, or
'o'" "''S" apprehension OF inc terms employed by
the Assembly OF 1888, IN accepting her own ptopo
sl,lon ior the amcGbo settlement of them b. this
rs II may, the adoption Of such course has closed
tho door OF cxpltnatipn upon us, for the present
nor must Virginia propose to reopen il. But let
not the breach between us be wdcned, by any act
or expression on our part nor let and per-
petual obstacle to ali future co reSpondence he IN.
terPoScd, by joining IN the " adversary proceed
inss' she proposes.
Aciuaicd hy these consijcra ions, feel bound
to recommend you, as have done, and holding in
we" the same objects, have token upon myself