New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-03-31
gts4 [CoMNuNIcATED.J FfsN .
OF, sTATE COURTS.
Ma NJ IN IfxatEp1, Laws.

IN VARIOUS ways but mas never ieCeiFetl
from the legal profession which it's importance ae-
lnands as d legal proposition Nor#is lfs magntude
any less as political aifectins tne flgts
and powers Of the States We&plopose 70 consdersI
the subject in two points Of view Tor the ct
eciting the opinions of those learned Jursts who are
caDale 81 throwing strong light upon the question:
we rropose to treat the subject in q purely argument
tatiye relying upon our own to mains
tain tile argument adYanced and this is stoned by
the fact that we arc unavised Of any judicial author
Iity on the points under consideration There may be
such, however, and their weight may be against US;
but We advance to the argument with full confidence
in the soundness Of the positions which we propose
to assume, hoping that our views will be met and con-
troyerted if they founded in error, either as to
law oras to the great and vital adjustment of the
powers Of State and Federal Governments
First, we hold that the power to naturalze aliens
is confined exclusively to the Federal Courts and can
not beextended to conferred upon the judicial de-
ipartment Of any Of the several States. n ,5..8
The Government Of the United States and the
State Governments are separate and distinct in their
organic structure, and in all matters the subjects Of
Legislation, which have been conceded to one Or re-
served to the other by the Federal Constitution
The object Of the trainers Of the National CONSTITUTE
ton was, 70 organize power, supreme in its sphere
Of action, totally disconnected from and uninfu-
enced by the reserved powers Of the several States
They intended also that the sovereignty Of the States
should be equally as exempt from interference by the
Federal power. These two classes Of American SOW
eregnty are totally separate and distinct from each
otherin the distribution Of their respective powers,
and in their organic structure as if they existed
separate divisions of the globe as if there was no
national unity existing among them. 4 l gsB .eg,Y
For the purposes of general government, the States
of America are legal and political unit for the pnr-
poses Of State government they are as independent
of each other and of the general government as if
there was no national league between them. The res
pectYe sovereignes of Great Britain and France
not more distinct and independent of each other than
are the State and Federal governments for all pun
poses and in all powers rights ETC., as embraced in
their espectve constitutions.
To the general government certain powers have
been entrusted. Over certain subjects the right of
the federal power legslate, sovereign and excu-
sive. It has not only the power, but duty is i'm
posed upon it, both to exercise those powers and
Of itsel fand to prevent them from being usurped o.
exercised BY any othersovereg nty than itsown The
great objects forWhch this exclusive and independ-
ent sovereignty was organized too well understood
require further detail; every heightened mind fully
appreciates functions of this great agent
of unity, prosp and power; and every
II truly patriotic heart is fully determined to maintain
the full scope and effect Of its jurisdiction. TO
u carry out and execute the several important man
dates committed its exclusive care and authority il
has its organized governmental machinery its three
n great departments Of power, adequate to the fulfill
ment Of every duty, and to the successful achieve
ment every object eonfided to its hands and we
may assert without fear, that the execution of every
power bestowed upon it must fall exclusively within
one of the three departments Of the Federal govern
ment We assert further, that so exclusive is this
grant fSautholity to the general government ovel
certain enumerated Subjects that it cannot be exer
eised the with the consentof Congress
except in those eases specially permitted BY the Con
stitubion The reasons forthis are too obvious to re-
quire any further comment unless the proposition we
have advanced should be seriously denied The de-
partnents Of the Federal government are Executive,
| Legislative and Judiciary. The powers confded to
it are various; among them are, power To lay and
collect taxes duties mposts and excuses pay debts
and provide for the common defence and generalwel
fare of the United States. To borrow money on the
national credit To establish an uniform rule of nat
uralization, ETC. The legislative power of Congress
over all the subjects enumerated is excusive-no Stat
can exercise any authority over these subjects evel
with the consent Of Congress There is no question
i'll law more firmly settled Or sustained by the weigh
lof more eminent authority, than the exclusive julis
dcton of the Federal government overall the emu
merated subjects confded to it; and nothing is NOR
clearly established than the proposition that Congress
cannot deegatelits exclusive legislative power owe
any of these subjects to the State governments.
The offices Of the three great departments of til.
Federal government are clearly defined. The Execu
tive and the Legislative, with its subdivision int
Senate and House of Representatives, are in the frs
instance, the functions of the government, by til
combined action Of which laws are enacted upon a.
subjects of federal legislation. The Executive is th
!, department which presdes over and enforces til
entire legal economy Of the government. The office
presiding as his name implies is the great Executiv
agent Of the federal power, and in this capacity
! subordinate to both the Legislative and Judeial
departments. He is the head of the entire Executv
system of the law whose duty it is to see all egis
tive enactments and all DEGREES of the Federal court
executed by the various subordnates to whose hand
their executonis Immediately entrusted
" Neither the Executive nor the Legislative depar
ments of the General Government can enter the limit
of State authority, nor employ State machner
to execute the national functions nor can they deli
gate by mutual consent, to the States the va1iou
powers which are confded to their hands, The of1ic
of the Federal Judiciary is to expound all question
arising under the laws Of Congress to construe thos
laws by the Constitution toconfne State and Feder
Governments within the limits prescribed by the N.
tional Constitution. The judicial power extends
treaties made or to be made; to all ambassador
!, other public ministers and consuls to all cases
e admiralty and maritime Jurisdiction; to all cases
which the United States may be a party; to contr
, versies between two more States between Sta
and the citizens thereof between citizens Of iterel
States, and between citizens Of the same State CLAIM
r ing lands under grants from different States "Tl
u judicial power shall extend to all cases in law
equity arising under the laws and Constitution of tt
United States.s Const., art Sd, sec. I'd. s. This d
: partnent of government as exclusive in its sphe
= as either the legislative or executive it is the so
i and exclusive Judicial power in the land which ca
il by virtue of its primary and original intendmen
expound constue and enforce the laws of the FEEDER
Government 1t is the constitutional agent, and IL
only one which, in the economy of the General Go
eminent, can occupy the place and exercise the poy
. ers which a judiciary occupies and must exercise
every independent and sovereign form of government
State courts may review Federal legislation colat
rally, may interpret and expound it in reference
O.