Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-29


brought how State may be made party or how shall
be brought before the Supreme Court There has heretofore
been little difficulty, the States carrying the litigation
before the Supreme Court have made objection in being
brought before It, The United States has assumed
be party, and hope will and before they attempt
take such position before Of the departments of their
Federal organization, they ought to have legislative
sanction and direction Before the United States, party
undertake to bring before its judicial tribunal sovereign
State that may pechance be dputng the extent Federal
power enforced by the State ITSELF there should be some
to direct the suit and the mode Of conducting it, the Gov
eminent should think proper to suit ought
emanae from other branch Of the Government than the
tribunal that is i officers No such act has ever
passed for such purpose and yet the Federal and State
Jurisdictions have often in conflict Such conflicts have
always brought in question the constitutional extent Federal
power growing out Of State and Federal legislation
The States members have reserved rights, and when
encroached upon, who shall Judge between them and
their usuvpng antagonist Shall it be their own court
This would give one department Of the Government
power TO sustain the claim of another and would take from
the States all their power of seltpotecon. Although they
retain In 30 many terms their reserved sovereignty, they
would obliged to acquesce have delegated the power Of
taking that sovereignty from Them If nfsctons made
on the constitutional rights of the State will be under
claim Of power in the legislature Whilst is admitted that
would 90 unsafe for the Legislature determine finally upon
the extent of its powers commended that Il would be en-.
rey safe for the judiciary to discharge that Office The SUI
Preme Court be safe tribunal Would il be right that one
Of the departments Of the Federal Government itself should
decide upon the extent Of its own powers and jurisdiction
and then upon the power of the Federal Government ITSELF
and the rights of its members
Sir, is Of those where party claiming to be
of the departments Of the Government decides what
powers will and what will not exercise This remark
might not extend merely TO question Of boundary
definition Of Jurisdiction; but il surely never could have been
contemplated that government acting under derivave
power from the States themselves should have the exclusive
power decide its jurisdiction for this would be not
only claiming and assuming jurisdiction, but by lis
court confirming it. This would be putting the axe at once
to the foundation Of State sovereignty hope there will be
but few in which such conflict will arise but
II such should arise, hope that no State will ever be
brought before this court to have its powers adudicaed with
out its consent being expressly given. There some con-
uoveses that might well be submitted but there are others
which could not without the danger OF dangerous surrender
Of vital rights The powers Of the Supreme Court all
derivave and it may well decide between the parties from
which derived its authority Blu. il very different pro-