Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-11-23
THE ALEXANDRIA QUESTION

The following communication 10 the Alexandria Ga
xette gives an interesting abs ract OF Judge Scos
opinion in the important Of Jurisdiction which
arose out Of the of Alexandria county tc
Virginia
In the late U. s. Circuit Court of the District of CO.
lumSla for the county OF Alexandra. decree was
made in favor Of the plaintiff, upon which appeal
was taken the defendant, TO the Supreme Court OF
tho s., in which Court the appeal was pendng
prior 10 the passage OF the several acts relating 10 the
retrocession OF Alexandria county TO Virginia. Sub
sequeny, however To the passage and carrying
said acts, and, mai .tained by the plaintiff, In
virtue thereof. mandate In reference 10 the appeal
was directed by the Supreme Court Of Inv and Chan.
Gerry OF virginia for Alexandria county IL was argued
by the counsel for defendant; that the latter Court
could not take cssnlzance fsnch mandate, emanatng
az il did from Federal Court and directed 10 Stale
Court In case not provided for by the act OF
crssion, even conceding the consutlonai,y Of said
act
The Court fudge Scott In passing upon the case on
Friday referred very fully to the powers of Congress
and the Supreme Court well as those of the State
Legislatures and State Courts. lie remarked that IL
always, To the present time had been held as unques
tonable that Congress could not exercise any powers
not granted by the constitution as derived from It's
ators The constitution of the u s. described the u
dical powers of the Federal Courts, and limited their
objects, and that no powers could he exercised other
Tran those enumerated, while all powers deIega
ted 10 the Supreme Judiciary remained 10 The States
and were conferred by them upon The State Judiciary
none exercising such powers hut those designated
Congress legislative powers, which could not be
transcribed. and any power exercised By Congress,
not so delegated was without authority. The const
tuition, he remarked, was a compact between oil The
States which could not be increased or diminished Nv
its own act that of any Of the States and n the
power exercised be not one conferred by the compact
no act OF Virginia or between Virginia and Congress-
could change compact OF which Virginia was only
one part.
We 20 back then TO the Constitution said the Judge
and enquire If this power has constitutional authority
and we find that gives to Congress the power TO ac
cept certain territory over which Its power pIenary
IS 30 all Government purposes. That IL embraced tho
power TO rerocede, Is conceded; and the question
s. had Virginia the power to accept What Is this act
II Re,rocessob! Il Is a compact between Congress
Ind The Legislature Of Virginia, Congress taking the
initiative, conformnble certain terms and stipula.
ions as between grantor and grantee The right 10
ecede and accept being admitted, the right 10 stipu-
ale Is undoutted, and the parties having full power
yer the subject, what were the termsi Virginia ae-
ep,s with sALvo that tho supreme Court shall have
irisdction over this matter. The Supreme Court had |
over over rms CASE before retroeesson II Is clearly