Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1839-12-07

ir,ne thaj the cumaou hN n hudmg % tiese
States one snciciy. The doctrine. "a the contra
ry.'s evidently rvpuRuaRi 70 lie fundamental prE-
| c pc a. tic Rcsu'uuon
The Articles at Confederation are ihe ns Il source
Of information en It's subject
IN the interval between BE commencement ct the
Revolution aud The 6n5l rsufgs,on Of thest Ari-
Giles, the nature and extent o ths [ non Vas deter
u'nta BY he circumstance OF tte crss rather tLsn
~ any arcuratc dcueal.la ol the general authofi-
~. twill not be alleged thar The common law"
e9a.d hate had any legitimate birth as a hw uf the
United States during that state uf things. If 1t
came as such into existence Al sB the Charter og
Confederation must lase tccnlts parent
Here again, huwcver, is pIctensious are abso-
iu'rly destitute Of foundation. This instrument does
not CONAN sentence OF asyilable that can b. tor
taftd me rounicnanee ol tIe idea tat the Parties
Ia vere, with ic>pcet 10 the obl cts Of The cum
mon law, 90 form onr eommguj'y. No such law IS
banned. on unpicd, or alluded ~, as berg - iuros
or a. brought into force by 'aat compact. Ne pro-
| vision IS made by which such a kw could be earned
| mo operation; whilst en- th- uthlr hand, every
sooh inference er protest q absolutely pIcendrd by
/ sricIc > which declares hat each State teams
| rs ,ovrrcisuty Freedom AMI independence, and ey-
cry power. Jurisdiction, ava git. which IS nat b.
tbs Confederation expressly delegated 20 lAc LulIed
| States IN Congress assembled
| Thus lar Il appears hat uola yrsi'gr oi tltscx.
| tnord.uary doctflne can be uuud IN tie origin OF
| progress OF American Institutions. The evidence
against il has, on The contary, grown stronger st
every step, al ii Las amounted Ia tarnal and pos
| ave exclusion, hy written artcscs 81 compact a.
mnng the parties concerned.
| l. Tins exclusion revoked, and the common Inv
introduced rs national law, bN the present Consii-
tuition of the United States This is the f4alqu's-
| ton 20 be examined.
II Is readily admitted that psiIcular parts Of The
| common .w may have asancti1n from ihr Cpnsutu-
-. IL. ri. L r. q
| Ia tie technical phrases which express tue p1"ers
federated 10 tie Government; cad 50 far also as such
other parts may be adopted hy Congress as necessa-
~ and pfopcf or carving into execution the pow
ers expressly delegated. But the question does not
relate 10 either OF ihesc partitions OF Tie eammnh
law Il relates 70 the common law Lryoh1 'hese
limitations.
The only part Of the Constitution which secus %
have been relied ON in nis Gaze is tht - section q
Article III The judicial power slnil extend 10
all eases in ialr and equity, arising mdtf ms Ton
,tituf,on the laws Of The United States, ana lrca-
lies made or which shall be made under ihct au'hoI-
y."
Ii h1s been asked, what cases, DISTINCT irom tho'd
arising nrder The laws aud treaties OF lie unRea
Snlrs can afisc under the Constitution, other 'tan
lhnsr sf,.ng under the common law and Il u ~
Gr,rl ,fnt lie common law IS accordingly nuoI"S
: or recognised by the Constitution
Never prflapa was so broad construction APP
pled tna text SO clearly upslsccpuh'e % ~ ~ any
cpouf tol the Inference could BE- louhJ II nus' NC ~
4 tho impoashlity Of finding any o'hei ea''s - ="
4 ana coufty within the ptuysi0W Of ht Iohsuth'
t,n. 10 satisfy the expression and, rather tlah re-
y pa,, ION construction ancetug $50 essentially We
,,,ole character of TIC government II wouh per
hans be more faunntl 20 CONSIDER lhr tApls'1"' d.
o mere pcouasm OF tuadyercuce' bul y = hu' ~
}. rceaatY "a decade on such q dilemma. ny tApth-
!, sion ia fully satisfied and is accuracy lasuhrd by
- All ,.aAf Ia
tbotty 4 extended ana uflther OF wbteh IMPLIES
y Inn he common law Il the law OF he United
. S,otrs One of these descriptions couprthfnl NE
~ cases growing ont nl the restrictions ou tae Le8@-
le biye powcr Of The States oscsampe, i, IS pro-
videl That no State shall emit ttis 81 cied'L ~
r. make any thinG but gold ana ',Ftf com 'ch0fI
!. IN aymen, of debts" Should tbs po@5bon be
:, yinJoied. aud suit bffuttn ef:eus q me 'an'e
- Stafe NJ tie consequence ibis would b. ease aFts-
y H., ubdcr the Constitution before bc Juiela pow
~ rr of ihe United States second description com
Is nrehends suits between c1tns aHd luFggncIs, 81
G. citizens OF different States TO be decided ACCORDING
a, II, hf Sinte ar foreign laws bot submitted BY the
~ Constitution 10 the Judicial power Of tbe United
States, he judicial power beng, 80 several nstan'
eos. extend d beyond the legislative power ct the
United States.
o. Toih.s explanation orthe text, tie following OBJ
" sefgatuus mgy be- added
%. The expression cases ~ law and equity y
Id unntaUy confined TO cases OF c'h ha'Hit5 ehV
fl, woitexcIule cases Of cnmiaa. Jltsicu1n. Cfhn
i mol cases ia nv aud equity WONG w @NshBG
unknown to the INV.
~ Fbe enccecdup pa,agpp or the sam" section 3
~ IA, lat,ponv with ms construction. Vi Is A icaf
words In all cases Oh, enug Ambassadors, 81
no otler pubic Ministers, and CoaAs. ara lhQse i
wldrb 3 STATE shal Be q party iie supreme NHA
he shal have Original jurisdiction ~ az ''lt o,-oi 81
-, scs Including cases Of law and cqHiy afEhg M
h. lc CONSTITUTIONAL the supreme Court shoa taF
apyfiafe jurisdiction both Is 70 lass atd jari ~
such exceptions and under such regulations, q
ION ConHrcss ~hai nake
efs Iip paragraph by expressly giving On arpetai
nm Jurisdiction IN cases 81 aw and tau'g Z, SIG "a
d,f Inc Constitution, 70 feet as wr So to law, elea'
~ ~ excludes criminal cases, whore ile trial Uy Iai
"- Il secured because the fact ia such cases, IS h.i
70 subject Of appeal And although we appea = hl
as BE 10 such exceptions and regulations - IongFe
ne nav adopt yellt is not to be Supposed iba' on G.
Of | eepiion 81 MI criminal cases could bc contemplate
ma aswcH because discretion 10 congress =" mast
f e., umt tie eHcepu.h would le inI"pet' US teS''se
would have been unnecessary Tie exception ton
csc sscasly have teen made by lAc Constitution use
} u az referred 10 ne Congress
tne, moro. tic amendment last added 70 Y
n TO Constitution deserves attention, ~ tfeNta% ~
lcnt ON TIN, subject: The Judicial power Of NE -
rec ted States shall not be construed ~ extend " q
az sun in latc or equity commenced or P|tceV
and against one Of lie United States by citizens u
Ibis other State, or by citizens or SUBJECTS y wy 's.
aud Power" As vii not DC Prteiaeu tnat ',t -.
Tie mai proceeding could take place against a sat
was The ,eu. Ia,r Or eqdty must be uud, rsood as
lwcr pfoprar 10 clril, N exclusion o' @ '"s','u
.ace From desc consideration, It Is evident That I
was narl OF lie Constitution, even eou'G he app
part at all 10 the purpose for winch II has ueen GU
tins would not include any cases "I8"'r' W a tl.i'
rms nature and, consequently, would not auitoFae
M nGrenee from It that the Judicial anthor'y eNte
Fen, 10 offences against the common law, as oheuces
Lich ing under Inc Constitution.
Iblrc /, Is farther to be considered that, even i.
zion part nf the Constitution could be strained mo