M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-12-10
NOT.

-, ~ ''t'''O, W, "a ~ etl itio VIZ p
nal State Jurisdiction; FOR Congress S
might never ex .cise iieauthority. .ur.
il miSAtnot assign ITO them Il excin .
sively oitlle State courts. The very
frame Of tho Constitution. Therefore.
admits that ;ae SisIcs may baya tIie.
original jwisdiclion ofsuoh cases,
ealJecs 70 tho appellate ilrfdlcsioa
oflte Federal Supreme Cou:t, Rad
tie Federal law Gas yet forbidden il 10
them, even If ft!is may be done.
Aud slcn a Judiciary ayslen was
not ~ all strange to the fathers Of tho
Constitution, and is well I,nownin
hislory. 1t was the very systeIu al
the colonies before our ihdependence.
Our colonial courts had authority to
try al kinds ofcases whether arising
under colonial or imperial law, aud
the Gully remedy for misjudgment was
by appeal or writ Of error to the pfJ.
per ilnperia! courts in England, and
.ao il wa, in Ireland before the UJi0n.
and 80 iti9 everywhere with courts
an other authorities that are merely
local IN their constitution aud jnrisdic
tion; they administer even the goner.
al la| Of State. but alwGys subject 10
tbs appelh'e a6thori,y OF moregene.
raj jurisdiction And this appeIlats
juris lirtion was in general Uonadercd
sufficient to preserve the Anglo Sax
Oh courts in suborlination to the roy
al courts after the Norman conquest:
though cert,orarl to trsDsler causes
before tial was. alsl Ia u5a, and no
Mormon was bound to soido the iuig
ment ofa Saxon court to whose iIrs.
diction he choss to object. Nodoubs
a similar practice can ba traced in
every country, Iot purely dyspoSic,
where different State orHarization or
dvflrut people have besn united un.
der one general government, lp
many cases the pOramoan, hw'isin. @
ternatioual Law aud yet sectional or
State courts may decide what il is.
sntjsct-to tho appellate jurisdiction Of
treaties or Of armies. -p.'s ...7
With all this present to tho minds
o! the ialhers OF tho Constitution, IL
seems to lno that they could not have
iniendeda II departure without giving
expression :. thsr intention, and this
have no; done. They seem even to
express the contrary when they do.
clu!ed th9 Oonstitutionand laws made
under it to b. not merely Fe!eral
law. but "the supreme law OF the
land" and require all State officers
10 be sworn to support it. That mara
Federal authority does not exclude
State action ID worry we'll illUaratei
by this very subjJct Of tb9 militia,
where the FederaI authyrity.to legis.
Iato has noYJr 5lon regarded "a pre-
venting actual State legisIation.--
Aud ,lle danger Of elhaict5 oe,Seen
tudeni AMI State authorities is nos
dIileient ia its.charaeter from tia!
which may arise between different
d1partn .nts OF the sune Government
and lead to resuls,that are quite ii.
solaabie. Mutual trust and respect,
and a careful adherence the Coustitu.
tiOn, can ai0us saw Us from sUch dif.
Hsultios.
1t is with very real distress that
find iny MiDd iOrc4d into thia conflict
vita 40 act OF Congress Of such very
greG; Importance in tho present iaao.
tpga OF Ec,,eral affairs !; but / csnnos
help it. PCssbly, aud the question
la 81 prcsente1t'iat | cannot evade it,
lsi arghment from tie co1nseI of the
Cos -rHinent might ofsayed me from
Ihls, II, It's III error, and il may yet
,,vdNoe adlif.Wm result en- the fna!
,tagHiE whichl trust will take place
so.soon that uJ public or private in.
JnrF may arise from any lnisjulgment.
now aud here,
Certainly, IL utLis great struggle,
W. owe nothing to the rebe's but war
nntitstEey snbmit,- unless il he that
We Do not let the war 90 depart from
us proper purposes as TO force thsm,
t. submit TO constitution and sys,
tem different lrsm that against which
lucy have roteued. q Bat we do owe
il tneaGil other, to minoritiGs and in.
IIYIdda.s, that no parf OF that sacred,
compacs oil Union shall become The
sport Of partisan struggles, Or 30 sub-,
clcd tu the anatGhy Of conflicting
mora.itios, urged on by ambitious
hapas veiled in. the back ground,-,
Oar solemn Oaths aud plightod faith
have male that compact the shield
OF State constitutions, Institutions aod
ptcnllarites, sand of their right to,
tileir own free development. against
AL arbitrary and intvrnleddling ac.s
tion ,ci the central Government;
(Which in al! iree cOnntries represents,
a party) ana l venture hope that
that shslll will continue 4 to afford its
intended protection ~ =
What have written have writ
A e"H 4