To escape the operation of these comprehensive words, the counsel for the defendant has mentioned instances in which the constitution might be violated without giving jurisdiction to this Court. *430 The jurisdiction of the Court, if acknowledged, goes no farther. Law Project, a federally-recognized 501(c)(3) non-profit. What power of the government could be executed by its own means, in any State disposed to resist its execution by a course of legislation? All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In case of the refusal of any person to accept the office of Mayor, upon his election thereto, or of his death, resignation, inability or removal from the City, the said two boards shall elect another in his place, to serve the remainder of the year. ", "In this case, the following statement is admitted and agreed by the parties in lieu of a special verdict: that the defendants, on the first day of June, in the year of our Lord eighteen hundred and twenty, within the borough of Norfolk, in the Commonwealth of Virginia, sold to William H. Jennings a lottery ticket in the lottery called and denominated the National Lottery, to be drawn in the City of Washington, within the District of Columbia. Marshall left open whether the probate exception has application when jurisdiction is based on federal question as well as diversity of citizenship. It is in these words. Virginia had a law prohibiting the sale of out-of-state lottery tickets. Our original jurisdiction in suits between two States is also "exclusive." 1251 (a). *290 Mr. Barbour, for the defendant in error. In *414 many other respects, the American people are one, and the government which is alone capable of controling and managing their interests in all these respects, is the government of the Union. The propriety of entrusting the construction of the constitution, and laws made in pursuance thereof, to the judiciary of the Union, has not, we believe, as yet, been drawn into question. and M.J. Cohen were charged with selling tickets for the National Lottery in Virginia. The jurisdiction of the Court, then, being extended by the letter of the constitution to all cases arising under it, or under the laws of the United States, it follows that those who would withdraw *380 any case of this description from that jurisdiction, must sustain the exemption they claim on the spirit and true meaning of the constitution, which spirit and true meaning must be so apparent as to overrule the words which its framers have employed. . If these individuals may be exposed to penalties, and if the Courts of the Union cannot correct the judgments by which these penalties may be enforced, the course of the government may be, at any time, arrested by the will of one of its members. "The instruments whereby this remedy is obtained, are a diversity of suits and actions, which are defined by the *408 Mirror to be `the lawful demand of one's right.' This case has been cited by other opinions: CourtListener is a project of Free The argument considers the federal judiciary as completely foreign to that of a State, and as being no more connected with it in any respect whatever, than the Court of a foreign State. This proposition is not denied, and, therefore, the validity of a law punishing a citizen of Virginia for purchasing a ticket in the City of Washington, might well be drawn into question. This is the authoritative language of the American people, and, if gentlemen please, of the American States. They maintain that the nation does not possess a department capable of restraining peaceably, and by authority of law, any attempts which may be made, by a part, against the legitimate powers of the whole, and that the government is reduced to the alternative of submitting to such attempts, or of resisting them by force. A majority of each board shall be necessary to form a quorum to do business, but a less number may adjourn from day to day. The Court decided and we think very properly, that the legislature could not give original jurisdiction in such a case. Cohens v. Virginia, 19 U.S. (6 Wheat.) The act proceeds to direct, that the body of the criminal, after execution, may be delivered to a surgeon for dissection, and punishes any person who shall rescue such body during its conveyance from the place of execution to the surgeon to whom it is to be delivered. Either this must be the case, or the local Courts must be excluded from a concurrent jurisdiction in matters of national concern, else the judicial authority of the Union may be eluded at the pleasure of every plaintiff or prosecutor. Commonwealth's costs, $31 50 cents. further enacted, That the Mayor of the city shall be appointed annually by the President of the United States; he must be a citizen of the United States, and a resident of the city prior to his appointment. That after providing for all objects of a general nature, the taxes raised on the assessable property in each ward, shall be expended therein, and in no other; in regulating, filling up and repairing of streets and avenues, building of bridges, sinking of wells, erecting pumps, and keeping them in repair; in conveying water in pumps, and in the preservation of springs; in erecting and repairing wharves; in providing fire engines and other apparatus for the extinction of fires, and for other local improvements and purposes, in such manner as the said Board of Aldermen and Board of Common Council shall provide; but the sums raised for the support of the poor, aged and infirm, shall be a charge on each ward in proportion to its population or taxation, as the two Boards shall decide. It is founded, not on the words of the constitution, but on its spirit, a spirit extracted, not from the words of the instrument, but from his view of the nature of our Union, and of the great fundamental principles on which the fabric stands. But a case to which a State as a party may arise under the constitution or a law of the United States. The Court addressed both arguments. [2][3], On June 1, 1820, both Cohens were charged by authorities in Norfolk with selling tickets in Virginia for the National Lottery. 264, 404 (1821). The ruling was issued on March 2, 1821, and asserted the Supreme Court's constitutional right to jurisdiction in this case. votes, together with the number of votes given to each, as Members of the Board of Common Council. And what is the citation? All its capacities are limited to the City. In law language, it is the prosecution of some demand in a Court of justice. (At the time, the District of Columbia consisted of two cities, the other being Alexandria. Let the nature and objects of *423 our Union be considered; let the great fundamental principles, on which the fabric stands, be examined, and we think the result must be, that there is nothing so extravagantly absurd in giving to the Court of the nation the power of revising the decisions of local tribunals on questions which affect the nation, as to require that words which import this power should be restricted by a forced construction. One gentleman has said that the judiciary act does not give jurisdiction in the case. 5. They extend it, among other objects, to all cases arising under the constitution, laws, and treaties of the United States, and in a subsequent clause declare, that in such cases, the Supreme Court shall exercise appellate jurisdiction. It then states that the lottery was regularly established by virtue of the act, and concludes with referring to the Court the questions, whether the act of Congress be valid? It is their government, and in that character they have no other. The opinion of the Federalist has always been considered as of great authority. In the City of Washington, the great metropolis of the nation, visited by individuals, from every part of the Union, tickets may be freely sold to all who are willing to purchase. Cohens v. Virginia, 6 Wheat. These States are constituent parts of the United States. 264 (1821). The counsel for the defendant in error have stated that the cases which arise under the constitution must grow out of those provisions which are capable *379 of self-execution, examples of which are to be found in the 2d section of the 4th article, and in the 10th section of the 1st article. Colo. River Water Conserva-tion Dist. In many States the judges are dependent for office and *387 for salary on the will of the legislature. He shall see that the laws of the Corporation be duly executed, and shall report the negligence or misconduct of any officer to the two boards. 8. ); accord Spann v. Martin, 963 F.2d 663, 673 (4th Cir. The primary focus of the unanimous Court opinion, written by Chief Justice Marshall, involved the State of Virginias motion to dismiss the matter for lack of jurisdiction. If there be any exception, it is to be implied against the express words of the article. It is a complete commentary on our constitution; and is appealed to by all parties in the questions to which that instrument has given birth. He shall appoint proper persons to fill up all vacancies during the recess of the Board of Aldermen, to hold such, appointment until the end of the then ensuing session. Were a State to lay a duty on exports, to collect the money and place it in her treasury, could the citizen who paid it, he asks, maintain a suit in this Court against such State, to recover back the money? 257, 6 Wheat. 264, 404 (1821); see also . "Pleas at the Court House of Norfolk borough, before the Mayor, Recorder, and Aldermen of the said borough, on Saturday, the second day of September, one thousand eight hundred and twenty, and in the forty-fifth year of the Commonwealth. We come now to the third objection, which, though differently stated by the counsel, is substantially the same. Ogden, for the plaintiffs in error. 200 Fallon, supra note 9 , at 106 . And it shall be the duty of the Mayor for the first election, and of the commissioners for all subsequent elections, to give at least five days public notice of the place in each ward where such elections are to be held. And be it further enacted, That the person or persons appointed to collect any tax imposed in virtue of the powers granted by this Act shall have authority to collect the same by distress and sale of the goods and chattels of the person chargeable therewith; no sale shall be made unless ten days', previous notice thereof be given: no law shall be passed by the City Council subjecting vacant or unimproved city lots, or parts of lots, to be sold for taxes. Ibid. 11. III, 2 defines the extent of the judicial power of the United States. The Cohens were convicted and fined $100 for the violation. We think it will not. Where, then, a State obtains a judgment against an individual, and the Court, rendering such judgment, overrules a defence set up under the constitution or laws of the United States, the transfer of this record into the Supreme Court, for the sole purpose of inquiring whether the judgment violates the constitution or laws of the United States, can, with no propriety, we think, be denominated a suit commenced or prosecuted against the State whose judgment is so far re-examined. It is very true that, whenever hostility to the existing system shall become universal, it will be also irresistible. (from 10 cases), Explaining that Article III does not extend the judicial power to every violation of the constitution which may possibly take place In that enumeration, we find "controversies between two or more States, between a State and citizens of another State," "and between a State and foreign States, citizens, or subjects.". '", " Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Act, entitled, an Act to incorporate the inhabitants of the City of Washington, in the District of Columbia, except so much of the same as is consistent with the provisions of this Act, be, and the same is hereby continued in force, for and during the term of fifteen years from the end of the next session of Congress. And be it further enacted, That the Corporation shall, from time to time, cause the several wards of the City to be so located, as to give, as nearly as may be, an equal number of votes to each ward; and it shall be the duty of the Register of the City, or such officer as the Corporation may hereafter appoint, to furnish the commissioners of election for each ward, on the first Monday in June, annually, previous to the opening of the polls, a list of the persons having a right to vote, agreeably to the provisions of the second section of this act. 264 1821 (See 3.2.1 , no. ]"); Webma.. NATIONAL ASS'N FOR ADVANCE. The State of Virginias motion is denied. We find in them no expression which looks beyond the limits of the City. 6 Wheat. 4. Can it be affirmed that this is so limited a market, that the incorporating act must be extended beyond its words, and made to conflict with the internal police of the States, unless it be construed to give a more extensive market? The mode of removal is form, and not substance. And be it further enacted, That the Corporation aforesaid shall have full power and authority to pass all by-laws and ordinances to prevent and remove nuisances; to prevent the introduction of contagious diseases within the City; to establish night watches or patrols, and erect lamps; to regulate the stationing, anchorage, and mooring of vessels; to provide for licensing and regulating auctions, retailers of liquors, hackney carriages, waggons, carts and drays, and pawn-brokers within the city; to restrain or prohibit gambling, and to provide for licensing, regulating, or restraining theatrical or other public amusements within the City; to regulate and establish markets; to erect and repair bridges; to keep in repair all necessary streets, avenues, drains and sewers, and to pass regulations necessary for the preservation of the same, agreeably to the plan of the said City; to provide for the safe keeping of the standard of weights and measures fixed by Congress, and for the regulation of all weights and measures used in the City; to provide, for the licensing and regulating the sweeping of chimneys, and fixing the rates thereof; to establish and regulate fire wards and fire companies; to regulate and establish the size of bricks that are to be made and used in the City; to sink wells, and erect and repair pumps in the streets; to impose and appropriate fines, penalties and forfeitures for breach of their ordinances; to lay and collect taxes; to enact by-laws for the prevention and extinguishment of fires; and to pass all ordinances necessary to give effect and operation to all the powers vested in the Corporation of the City of Washington: Provided, That the by-laws, or ordinances of the said Corporation, shall be in no wise obligatory upon the persons of nonresidents of the said City, unless in cases of intentional violation of the by-laws or ordinances previously promulgated. *448 JUDGMENT. Virginia asserted that it had an unreviewable right to interpret and apply federal law as it saw fit. We readily concur with the counsel for the defendant, *386 in the declaration, that the cases which have been put of direct legislative resistance for the purpose of opposing the acknowledged powers of the government, are extreme cases, and in the hope, that they will never occur; but we cannot help believing, that a general conviction of the total incapacity of the government to protect itself and its laws in such cases, would contribute in no inconsiderable degree to their occurrence. The State of Virginia moved to dismiss the appeal, arguing that the U.S. Supreme Court lacked jurisdiction to hear the case. This rule will apply to writs of error from the Courts of the United States, as well as to those writs in England. - 6 - res, a second court will not assume in rem jurisdiction over the same res." Id. It is admitted, that "affirmative words are often, in their operation, negative of other objects than those affirmed;" and that where "a negative or exclusive sense must be given to them, or they have no operation at all," they must receive that negative or exclusive sense. Dismissing the unpleasant suggestion, that any motives which may not be fairly avowed, or which ought not to exist, can ever influence a State or its Courts, the necessity of uniformity, as well as correctness in expounding the constitution and laws of the United States, would itself suggest the propriety of vesting in some single tribunal the power of deciding, in the last resort, all cases in which they are involved. When, then, the constitution declares the jurisdiction, in cases where a State shall be a party, to be original, and in all cases arising under the constitution or a law, to be appellate the conclusion seems irresistible, that its framers designed to include in the first class *394 those cases in which jurisdiction is given, because a State is a party, and to include in the second, those in which jurisdiction is given, because the case arises under the constitution or a law. Every argument, proving the necessity of the department, proves also the propriety of giving this extent to it. 264 (1821). We do not think it essential to the corporate power in question, that it should be exercised out of the City Could the lottery be drawn in any State of the Union? The Cohens sold tickets for a D.C. lottery in Virginia. The Supremacy Clause further supports that principle. He shall, before he enters upon the duties of his office, take an oath or affirmation in the presence of both boards, 'lawfully to execute the duties of his office to the best of his skill and judgment, without favour or partiality.' to decide questions of state law whenever necessary to the rendition of a judgment." Meredith v. In these, the nature of the case is every thing, the character of the parties nothing. We think, then, that, as the constitution originally stood, the appellate jurisdiction of this Court, in all cases arising under the constitution, laws, or treaties of the United States, was not arrested by the circumstance that a State was a party. In expounding them, we may be permitted to take into view those considerations to which Courts have always allowed great weight in the exposition of laws. In such cases, therefore, the Supreme Court cannot take original jurisdiction. ("We cannot pass it by because it is doubtful."). Not a single individual, so far as is known, supposed that part of the act which gives the Supreme Court appellate jurisdiction over the judgments of the State Courts in the cases therein specified, to be unauthorized by the constitution.
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