Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-05-13

States and the General 0oFeIH'nens - IL
mcul TO the peace and harmony OF Inc oh'on. M
I'D endeavor 10 state the matter at issue as ne uh
The second section of the third article OF the Con
s,;iut;on ASSERTS that he judicial power shaii e1enu
- all c,ses in law and equity, arising under ms ION
,;,,,;oo the laws of the United States, and treaties
made or which shall be made, under their authority'
Tho c,ses enumerated, in which the Supreme Coutt
shall have original jurisdiction, are, SIN all cases.
inn ambassadors and other public ministers, anu COZ"
suls and those in which Sta,e snaii DC .h.il
Il, other cases enumerated, the Supreme Court sha'l
ave appellate jurisdiction under such regulations as
Congress shall make. The first Congress, alter ihe
adopion of this Constitution, foreseelng questions u
difficulty which mig arise, cehned Inc cases 70 NC
b,ouob, into The appellate jurisdiction of the Supreme
60, He particularly referred to the 25h section OF
lie act Of Congress regulating that jurisdiction snow
no that until the State jurisdiction had proceeded 70
final Judgment the Supreme Court could nave no M
reference He referred 10 several cases IN Pon such
40 tb,l of Martin and of Coens against The Stale OF
virginia. and Worcester against the State of Georgia
ii had been decided by the Supreme Court mat inns
aopeate Jurisdiction reaches TO criminal as wen as
civil cuses. About this point he would not now dispute
nor was it material; for, even conceded, nough Tue
disposed of the main portion OF the argu.
nents adduced by the Senator from Georgia, II d'd
not meet The real question at issue.
The present proposition 10 alter the law OF The
land which has been in practical operation ior my
vears without any real ncon yenence; and no sutn-
e;ent grounds had vel been shown for changing it. He
would usk what practical evil had resulted from The
oneration Of the law: and why should The whole crni-
nal jurisdiction of the States be jeoparded 10 meet
solitary case If there be any evil III The present. stale
Of the law, it is of magnitude, compared WIN Inc
evils of change and il may well be said that It Is bet
Ter TO "brar those ills we have, than fly 10 others that
we know not OF. -,
The solitary case TO be met is such that OF Nc.
Leod for which special clause is made at the END OF
the BILL And what is The most extraordinary remedy
al L SC that Tho Fnfnn
rsdction of the States shall be alter udy
me Mt but before proceedings have been entered up,
trial had, and judgment given. All that IS requisite -
for the accused plead that his defence rests on the
Constitution, on the laws OF Inc oa,es' or Oh sum-
treaty with foreign power. On this plea, The original
jurisdiction is TO be taken from the Slate, by an inter
position of district judge, who may set the accused
ree on hearing Of the facts and the law, without the
nterposilion of jury The power of the State IS pal
sled at once and falls dead at the feet OF mere district
Judge on the application Of the accused.
The Constitution limits The for jurisdiction OF
The Supreme Court those controlled by the Consli-
,u;on ITSELF by the laws Of Congress, treaties with
foreign powers but this bill goes beyond the Consti'
tuition, and superadds two more cases-ihose orisng
out of The law OF nalons orders given by foreign
princes.
This case of Mcleod had been an unfortunate one
in many respects. 1t had proved almost Pandora's
box-for, many rs had been the evils which flowed
from it, the worst yet 10 come in this Iniraction Of
State sovereignty, and The consequences "hicR may
ensue.
In the course Of his argument, lie meant to prove
First, Tim, if Congress had the constitutional power
10 make this law, il ought not to exercise It,
Second That Congress does not possess the power.
Third: That the tendency of the bill is TO increase
ltoaton increase the expenses of judicial proceedings
and occasion such delay and defeat OF justice as must
prove in,olerabe.
Fourth: That regard for national honor and ma.
lopal character ought to prevent its adoption at this
| time.
With regard to the first he conended that Congress
could have no power to confer the right of judicial in
reference unless in appellate form, as revision OF
Judgment previously given by the State tribunal; and
could confer power under the law of nations, or or
ders Of a foreign prince no such power being dele
rated to itself by the Constitution.
The first effect of such law that proposed would
be TO induce collision between the State Governments
and the Federal Government, endanger'ng the peace
and harmony of the whole Union.
i Mr. B. here entered into minute review OF antic
paed results aud showed great variety of cases IN
which this collision would be TO arise The delay
of Justice he es,irnnted would not fall short OF two
years He showed that to use the writ of ho0eas cor
nus as proposed in this bill, would be TO pervert that
which was instituted and hitherto had been used, as
the safeguard Of liberty into instrument for the sub
version OF The liberty Of sovereign States, and the con-
sodation of concentrated power, lninca TO all iber-
Iy 1t would be used the means OF subyerting the
trial by jury, guaranteed by the Constitution TO all per-
nnuch the State jurisdiction, lin itself primary ee.
of and afau' the intervention of
Sd ' hsr ssf Ho we. sa y. ia the
State tribunals have acted, and entered up judgment,
evnced-a practice now proposed to be adopted for
the first time within The fifty years during which this
Government has existed. But, even if it were con-
sltu,iona in Congress to pass this BILL it was not now
reconcilable with national honor and national charac
ter TO do so.
Here Mr.. B. entered into animated and graphic re-
view Of the Mcleod case, from the burning Of The ca
roline down TO the pending negotiation between the
Cabinet Of the present Administration and Lord Ash
burton, ind showed that would have been ineya-
ble had not the State Of New York maintained her
sovereign rights and tried Mcleod He contended
every thing that could he done to apPense Great Bril-
tain mad already been done by this Administrations and
it wus time now for Grrat Britain TO do methng her
part towards reparaton for the injury inflicted under her
authority. il was not necessary TO go further than
this country had already gone by passing this bill
1.-THE foregoing is hurried and imperfect sketch OF
a few OF the leading arguments urged by MIR. Bu-
clnnan in of the ablest speeches of this session
full report Of the speech will be given in few days
After MIR. Buchanan had concluded,
Mr.. CHOATE obtained The floor; but il was then :
o'clock, and he moved that the Senate should 60 into
Executive session; which was agreed to.
The Senate accordingly went into Executive SEES
sion, and shortly afterwards, adjourned
HOUSE OF REPRESENTATIVES,
The House, by general consent, this morning re-
ceved variety OF petitions reports, and other pa
pers.
MIR. J. c. EDWARDS asked leave to offer the fol-
lowing resolution
Resoired, That the Committee on Military Affairs
be instructed TO inquire into the expediency Of making
appropriation TO survey and improve the nav CATION
Of Spring river from the Western boundary of the
State OF Missouri, through the Indian territory TO IFS
junction with the Neoso, where it becomes part Of
Grand river; and of Grand river, through the Indian
territory, its junction with the Arkansas river, at
Fort Gibson and TO report by bill or otherwise.
Mr.. WARREN objected, and the resolution not
received.
MIR. STEENROD presented the petition of sundry CT
zens Of Ohio county, Virginia. in favor ofa protective
tariff: referred 10 The Committee on Manufactures.
Mr.. KENNEDY, ofMary land, presented various me-
MORALS in favor Of protective tariff which be said
were signed by persons Of both political parties