Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1851-12-06
State Interp0SitiOn-The Right to Judge.

In our last we discussed only the restrictive
character of the language of the Cd Sec. of the
third article of the Constitution, and showed that
the powers of the Supreme Court were limited to
Ceases IN Lar and Equity" and did not extend
to questions of power arising between the Govern
ment and State.
Our argument it will be recollected, is, that tie
people Of each State in their sovereign separate,
political character as State, have the right to
Judge both of the ''infraction' and of .'the mode
and measure of redress as to questions of power
not granted to the Government by the Constitu-
ton. That this power to Judge of political
questions " mot ceases in Law and Equity is
no where delegated TO the Supreme Court it Is
without the shadow of Constitutional authority to
assume it. That this power is not granted to any
department ofthe national Government and for that
reason both by necessary implication, as well as
express stipulation is reserved to the States re-
spectively.
We come now to our second argument in sup
port of of this position, and it is new to US, de-
veoped by the publication of the Madison papers,
which were not published, until after the various
exciting discussions had on this subject about $50
and after.
The argument is that from the debates of the
federal convention in creating this Judicial pow
er, it is obvious that no such power was ever in
tended to be conferred the Supreme Court.
The first time the subject came under the con-
sideration of the Convention was-oa the 29th of
May 1887, see Cd vol. of Madison's papers page
1887 Mr.. Edmund Randolph in his 9th resolu-
ton, proposed the establishment of national Ju
dietary to "hear and determine all.piracies and
feonies on the high seas; captures from an enemy
cases in which foreigners citizens ofother States
applying to such jurisdiction are interested or
which respect the collection of the national reve-
nue., impeachment of any national officers, and
questions concerning the general peace and lar
mony."
On the same day Charles Pinckney laid before
the convention his plan of constitution, by the 9th
article of which, be provided for the establishment
OF courts of Law and equity, and their Jurisdiction
was to extend 'to all cases arising under the laws
of the United States,'' &c. See Cd vol Madison's
papers, page 743. On page 854-5, some amend
ments were offered mot necessary to noticel in
committee of the whole. when on the same day.
18th of June ~, the committee rose and re-
ported plan of Government, with Mr.. Gorham,
the chairman. By the 18th resolution, it was re-
solved, ''That the jurisdiction of the national iu
dietary, shall extend to all cases which respect the
collection of The national revenue, impeachments
of any national officers, and questions which in
volve the national peace and harmony
On the Il 9th June '87, the above resolution came
up for discussion. On motion of Mr. Madison 81
to alter it as to read thus:
'tThat the jurisdiction shall extend to all cases
arising under the national laws. and to such other
questions as may involve the national peace and
harmony" which was agreed to mem con. end
vol. Madison's papers page 1873.
On the Goth July '87, the resolutions adonted
by the committee of the whole, were referred n a
committee of detail, who reported on the 9Th of
August, page 1916, 1886. By the llth arti
Gle of which reported plan, the Jurisdiction of the
Supreme Court, was again changed, as follows.
Article 18th, Sec. 3. 1.-The jurisdiction Of the
Supreme Court shall extend to all cases ar;s;na
under laws passed by the Legislature of the United
States; to all cases affecting ambassadors orotb-
er public ministers and consuls to all Gases ofI
admiralty and maritime Jurisdiction to contro.
VERSES between two more States, (except sucb
as shall regard territory jurisdiction j between
Sta;e and citizens of another State between elf
liens of different States and between State .,
the citizens thereof and foreign states, citizen>
or subjects In cases of impeachment cases afec-