Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-12-05

y,
Territory of this Commonwealth.
In meeting the high responsibility which re-
quires me to recommend to your consideration
such measures as ! may deem eXpedient in re-
gard to this matter. feel constrained to advise,
that no step whatever be taken by you, at this
time, either to avert or TO provide for such an
event. Reposing in confidence upon the alleei-
ance and fidelity of her People, Virginia binds
them to her by none other than the silken cord
Of their own affections. If any of them shall
desire to forsake their brethren at any time, let
them do So and in peace. We will still unite
in invoking prosperity and happiness upon their
future lot. wherever this may be cast. But so
long as they desire 10 remain what they ever
have been, part of ourselves no earthly power
will divide us, while we have any means TO give
effect to their p!ous wish
say this with no dstluSt of our perfect rights,
or of the integrity or intelligence of the forum
selected to pass upon them. If we could sub.
nit questions involving matters OF such high
concern to any Judicial Tribunal, perhaps no e
better could be selected than that before which
the General Assembly OF the State OF Maryland
desires to force us to appear. BUTT BELTS not
Sovereignty to submit the question OF lis own
existence To any Judicature whatever. The
same authority which is equal to despoil il State
of its territory is equal 10 annihilate the We
~ being of the State itself In ConSenting to
appear and defend our rights before any trlbu.
nal not chosen by ourselves, we virtually admit
its authority 10 determine the matter in contro-
verSy; and as Virginia can never consent to
hold her Territory at the will of any other, she
never ought to give cOuntenance to the Idea
that she will abide by the expression of any such
will.
The Congress of the United States. although
Of late importuned so 10 do, have ever steadily
refused To pass any statute prescribing the pro-
cess or proceeding to be used by the Judiciary
Of the United States, in the exercise of that Ju-
dicial power granted to it by the Federal Con-
Stituiion and therein declared to extend Ito
controversies betw cen two or more Sates."-
Even if Congress had ever enacted any such
statute, it seems obvious thatthe "controver-
sizes" mentioned in the Constitution, cannot be
such as involve the existence OF one OF the par
ties To retain jurisdiction over such contro-
verSies il is Indispensable that all the parties Ii
tigant should be States" If either ceases to
be such, whether by the judgment Of the forum
Itself or by any other means, The jurisdiction
will necessarily cease with the loss OF this pOiti
cal character. Itwould beimpoSsbe, however,
to conceive the idea of q State without Terri
tory; and equally impossible for the Judiciary to
define, what loss Of Territory might be compati-
bic with the enjoyment of sovereignty and in
dependence. Hence, to give any effect to this
grant Of judicial power over" cont OVERSEES be.
tween two or more States" we shall be com
PEELED to limit the jurisdiction, TO such contro-
veiSieS only DIS do not necessarily and directly
involve questions Of Territory, Of Government,
OF Allegiance, and the like, that include the ve-
ny elements of State, without which it could
not possibly exist as such.
Moreover, the Constitution itself, which COM
municates this judicial power Of Gtciding con-
ruverSies between two or more States contains
in terms the mutual ard reciproc al rccognions
of each of the high contracting parties in that
instrument, that all the other parties rafying
the same are States. Now. as territory is inds-
penSably necessary to constitute State if il is
asked, what territory was referred 10 in these
solemn recognitions? the only answer which
can be given, must be, the territory then held
by the several contracting parties, and claimed
by them respectively as their own. This idea
i confirmed strongly, by the visions of the Sd
Section of its 18th Article. But il seems mani
testify absurd TO suppose, that any department
of the Government created by this Constitution,
could be thereby endowed, with the power to
vacate and annul its own expressed provisions
and recognitionS, which al are sworn To support.
Especially when it is seen, that the consent Of
the Legislatures of the States concerned, as
well as of the COngre :, required TO the formal
ton of new State WITHIN the jurisdiction of
any ofthe recognized States or by the junction
of two or more OF these States or part OF any q {
them. therefore, the Judicial power cannot be
equal to 10 that act. for the accomplishment OF
which even the consent of the parties litgant
would not suffice, unless their consent was ac-
compdnied by the assent of Congress also, to
the annihilation or partition of an existing and
recognized State
1.-THE Court of the United States take cogni-
Zance of this controversy, and affirm our I'M
doubted, though undefended rights, the State Of
Maryland will probably be content with the
award of the Forum she has herself selected
1t will be time enough for us inquire into the
thoriy Of the Judges, when their acts threaten
to transfer the willing allegiance Of our cit-
ZenS, to deprive us Of the proceeds Of the vast
sums Virginia has expended in improving the
Territory in question: are likely to prove pre-
judicial 10 our ancient and admitted possession,
and consequently to our future resources.
1t is possible that the State of Maryland may
have adopted the course she has determined to
pursue, from misconception of the nature Of
the questions which arc supposed to exist be-
tween us, or from misrepresentation Of the
terms employed by the Assembly of 1853, in
ceptine her own proposition for the amicabIe
settlement Of them. Be that as il may, the adop-
ton of such course has closed the door Of cX-
PLANTATION upon us, for the present nor must
Virginia propose 10 reopen il. But let not the
No l.