Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-09-09
ANIEp0gTANTQ QUESTION

Many Q! Our citizens have become proprietors
of lands in Texas, and are, Of course, sclicitOur
as 10 The manner in which the various land titles
OF thai country will be affected by The transfer Of
The supreme Jurisdiction ON her courts, on the
final consummation Of annexation, 10 the llis!les
court known 10 The laws of the United States. In
the Texas Convention, The question was referred
10 a committee oflegal gentlemen Of distinguish
ed ability Alter full and critical examination,
The committee made an able report through their
Chairman, Judge IIenThi!l, The Chief Justice OF
The Supreme Court OF Texas-who is said 10 be
ore o.lhe frs, urisis in the Southwest. We ind
Ike report, said 10 be from the pen Of Judge H.,
in The Galveston News OF The 23i-and would be
glad 10 transfer il entire 10 our co!umns-bu, are
forced 10 ccaGac or cx.Tac:s TO few paragraphs,
which, however, contain the cream uithe learned
and conclusive argument:
'Shoull. then a controversy arise between n
citizen q. ;hs country and a citizen OF another
State, who, subsequent 10 our Incorporation into
The American Union, nigh, acquire claim 10
lands iih.n ih:s Stale, either By Inheritance de-
wise or purchase and should suil be- prosecuted
for the same in the federal counts, the rights oil
tie parties weak! be decided BIZ liz same laws
and rules BIZ which Tie" woad be determined III
the couT;s Of The Sa;c.
"Whciher the laws, cp>!Ims, and asaees of
Spain, III. dccicrs Of Mexico, or ihus. Of Coahu-
liza and Texas. OF The la rs nfl!.c republic of Tex
as. or all together, affected The -his in conlro-
ySr>Y-io each and all OF these laws would ih'
cour;s Of the Union give their just lorce and el-
feel; ana W no other laws or principles, deduccd
from other systems OF Jurisprudence, would line
questions al issue he determined.
"Ncilh,r The Constitution, treaties, nur laws Of
the United States, can change, alter. or modify
the rights Of individuals 10 real properly, rs e-,a-
h!isi"d b. The existing Laws ol the Republic
Both The Federal and The Slatc Courts will be re-
silicied in their decisions on those rights, 10 INC
provisions oil he laws under which those rights
originated or hy which they have been affected;
ana, should rights have arisen under that portion
OF our Constitution aid laws, which as Icing re-
rurnant 10 the Constitution and laws OF tic
United States, Kill become null and void, set the
riyhrs Tins created will remain un.!;s'nrbcd.
.A!l controversies which may arise between
citizens ug Ills Stale and aliens Authorized 10 sue,
will be determined b. The same rue, aid lawS
which vii! guide The Courts III li.c decision I'll
causes between the ciizeus OF different States.
Your committee have confined themselves 10
deductions drawn entirely from the Constitution,
laws, and judicial decisions OF the United Stale,
These afford the most solid grounds OF assurance
that the ric!;.s OF individuals 20 property will be
guarded with The most jealous "jsapcc, BY The
Cour;s Of The Un,>d States aEd determined Oh
the sane PRINCIPLES oi law which coasttut" the
rules of decision in The tribunals If he Stale
the establishment, Of the Federal Coats within
The Limits of The Sale, and their cosnizance Of
disputed claims 10 lands will NOT iDlurou>ly al
feel the titles Of citizens Of this Republic Il
Kill simply furnish citizen Of another STATE, or
an alien. q selection between two f,rnms for The
adjudication Of his rights; both Of which Courts
viii be cunlfoIird hY The laws ot the State upon
which those rights are founded, or - which they
are controlled.
.The tcnefrcnt operation OF the judicial power
oflhe Unn in this class Of cases Is The bcsl proof
ofthe enlightened wisdom Giihc trainers OF the con-
stitulion in clothing The fedora! conrls with this
hirh jurisdiction The right 10 select tribunal
altogether independent OF any OF the States, Tor
the Settlement Of controversies between the citi-
Gems Of different States, and between citizens AMI
aliens, tends greatly to increase the harmony aGt
confidence between the States themselves, ana
preserve peace, and public and privatc credit II
our intercourse with foreign naiun>. II prevents
all irraions and jcalousies which might other
wise spring pbctwccn the different States, 1.-The
controversies between their citizens were, oil ne
cessitv, subjected 10 The arbitrament OF The iriba
mails feilher In the exercise Of this jurisdiction
Justice has been im1artially and wisely disiribu:'
ct;: while the laws fthc States, not Inconsistent
with The constitution of the United States, have
been obscrved. sustained and enforced
John HEMPtllLL, Chairman"