cohens v virginia
The polls shall be opened at ten o'clock in the morning, and be closed at seven o'clock in the evening, of the same day. Congress may distribute the federal judicial power among the federal Courts, so far as the distribution has not been made by the constitution. An act of Congress does not apply to the case; and therefore this Court have no jurisdiction under the judiciary act. But admit this abstract doctrine of inherent power: the question still recurs, what is the constitutional effect of this power being excited into action by the paramount power. 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. Sec. If, then, when a State is a party, this Court have original jurisdiction; if the grant of original, exclude appellate jurisdiction; if, as in this case, a State be a party; and if the jurisdiction now claimed is clearly appellate, then it follows, as an inevitable conclusion, that in this case this Court cannot take jurisdiction in this way, if they could take it at all. 257, 6 Wheat. To give jurisdiction over the State Courts, it is not sufficient that the constitution has said that the Supreme Court shall have appellate jurisdiction; for that will be understood to signify, jurisdiction over inferior federal Courts. It must be exercised by Congress, and in the manner prescribed by the constitution. The second section of the third article of the constitution defines the extent of the judicial power of the United States. 154. This grant neither impairs the authority of the State Courts in suits remaining within their jurisdiction, nor makes them inferior Courts of the United States. There is not a word in the constitution that goes to set up the federal judiciary above the state judiciary. he shall be adjudged guilty of misprision of felony, and shall be adjudged to be imprisoned, &c. It is clear, that Congress cannot punish felonies generally; and, of consequence, cannot punish misprision of felony. We must endeavor so to construe them as to preserve the true intent and meaning of the instrument. A general interest might well be felt in leaving to a State the full power of consulting its convenience in the adjustment of its debts, or of other claims upon it; but no interest could be felt in so changing the relations between the whole and its parts, as to strip the government of the means of protecting, by the instrumentality of its Courts, the constitution and laws from active violation. This class comprehends 'all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority.' Spirituous liquors are property; but they cannot be sold by retail, without the license of the State government. If the defendant submits to the jurisdiction of the State Court, and takes a chance of a fair trial, it is reasonable that he should be bound by the result. Appellants' Claim. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. Law, V. It is, then, a national law, enacted for a national purpose, and has no other limits in its operation than the limits of the legislative power itself. Yet the relation between the general and State governments was much weaker, much more lax, under the confederation than under the present constitution; and the States being much more completely sovereign, their institutions were much more independent. Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1637 to 1832Cohens v. Virginia - Significance, Lotteries In America, Copyright © 2021 Web Solutions LLC. One landmark case in the 1800's had great significance on the lottery, Cohens v. Virginia (1821), and helped to shape the decisions made by states regarding lotteries. The constitution declares that every citizen of one State, shall have all the privileges of the citizens of every other State. It gives a remedy in the name of an individual—a common informer. Our opponents must maintain that this is an act of Congress authorizing the sale of lottery tickets in Virginia: For if it is not, the question is at an end. Mr. Smyth stated, that he should support the motion to dismiss the writ of error granted in this case, for two causes: (1.) But the words of the judiciary act are pursued by this writ of error, as they always have been in other cases. The Mayor shall appoint to all offices under the Corporation. 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 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. Provided always, and be it further enacted, That no tax shall be imposed by the City Council on real property in the said City, at any higher rate than three quarters of one per centum, on the assessment valuation of such property. With a view to the present question, it may, perhaps, be safely admitted, that there are certain acts of legislation passed by Congress, with a local reference to this District, which proceed from the general powers with which Congress are invested. There can be no question of supremacy and subordination where there is no connection or conflict. 3. We must ascribe the amendment, then, to some other cause than the dignity of a State. The by-laws of the City of London are not acts of Parliament, or laws of the realm; neither have the by-laws of the City of Washington any force beyond the limits of the City. But it is said, that the jurisdiction of the State Courts is concurrent with those of the Union, over that class of cases arising under the constitution, laws, and treaties of the United States. It was a cynical appeal, brought by two highly paid lawyers, on behalf of two speculators hoping to reap a multi-state harvest from a District of Columbia lottery. Martin v. Hunter, 1 Wheat. Nor do I perceive any foundation for such a supposition. In Cohens v. Virginia, 19 U.S. 264 (1821), the U.S. Supreme Court established itself as the highest court in the county. This particular portion of the judicial power of the Union is indispensably necessary to the existence of the Union. To those laws all corporate laws are subject.17 But there cannot be that kind of collision between by-laws of the Corporation of Washington and State laws, as between the by-laws of the Corporation of the City of London, and the laws of England. On consideration whereof, it is ADJUDGED and ORDERED, that the judgment of the said Quarterly Session Court for the Borough of Norfolk, in this case, be, and the same is hereby affirmed, with costs. By the 11th article of the amendments to the constitution, it is declared, that 'the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign State.' The cause was this day argued on the merits. If the power to legislate over the City may be vested in the representatives of the people thereof; yet, surely, a power to legislate over the States cannot be transferred to the representatives of the people of the City. A statute is not a law of the United States on account of the subject on which it acts being limited or unlimited. And be it further enacted, That the present Mayor of the City of Washington shall be, and continue such, until the second Monday in June next, on which day, and on the second Monday in June annually thereafter, the Mayor of the said City shall be elected by ballot of the Board of Aldermen and Board of Common Council, in joint meeting, and a majority of the votes of all the members of both boards shall be necessary to a choice; and if there should be an equality of votes between two persons after the third ballot, the two houses shall determine by lot. It would be hazarding too much to assert, that the judicatures of the States will be exempt from the prejudices by which the legislatures and people are influenced, and will constitute perfectly impartial tribunals. In the case of Marbury v. Madison, the single question before the Court, so far as that case can be applied to this, was, whether the legislature could give this Court original jurisdiction in a case in which the constitution had clearly not given it, and in which no doubt respecting the construction of the article could possibly be raised. Abr. This Court have said, that 'the sovereignty of a State in the exercise of its legislation, is not to be impaired, unless it be clear that it has transcended its legitimate authority; nor ought any power to be sought, much less to be adjudged, in favour of the United States, unless it be clearly within the reach of their constitutional charter. But officials in Norfolk, Virginia, zealously guarding the coffers of that state's lottery, fined the Cohens $100 for siphoning off the cash of Virginia citizens. Now, what is the given power for the execution of which the sale of lottery tickets in the States is an appropriate means? Thus, the State Courts have acknowledged jurisdiction; and if that jurisdiction is constitutional, Congress cannot control it. There is, perhaps, no part of the article under consideration so much required by national policy as this; unless it be that part which extends the judicial power 'to all cases arising under the constitution, laws, and treaties of the United States.' Other principles which may serve to illustrate it, are considered in their relation to the case decided, but their possible bearing on all other cases is seldom completely investigated. Without, however, deciding such supposed case, we may say, that it is entirely unlike that under consideration. If the intention be merely to distinguish cases arising under the constitution, from those arising under a law, for the sake of precision in the application of this argument, these propositions will not be controverted. The opinion of the Court was delivered by Mr. Chief Justice MARSHALL. The States have granted to the United States power to pronounce their own judgment in certain cases; but they have not granted the State Courts to the federal Government; nor power to revise State decisions. Take away both, and the constitution, laws, and treaties of the Union lie at the mercy of the State judicatures. What, then, becomes the duty of the Court? In the State Court, the defendant claimed the protection of an act of Congress. One gentleman has said that the judiciary act does not give jurisdiction in the case. An act of the Congress, in its capacity of local sovereign of the District of Columbia, is said not to be a law of the United States. argued, that there was no authority produced, or which could be produced, for the position on the other side, that this Court could not, constitutionally, exercise an appellate jurisdiction over the judgments or decrees of the State Courts, in cases arising under the constitution, laws, and treaties of the Union. 5. Otherwise Congress might pass bills of attainder and ex post facto laws, and exercise a despotic authority over the District of Columbia, and its citizens would thus be deprived of their rights entirely. This, as well as every other law it is capable of making, is a by-law, and, from its nature, is only co-extensive with the City. Power to legislate over the States in certain enumerated cases. But although the jurisdiction over the District is of a different and more extensive character, yet it is not so circumscribed that it may not incidentally affect the States, although exerted for a local purpose, as it is called. The by-law is the execution of a power given by a law of the United States. The grant is of an exclusive power in all cases over ten miles square. After bestowing on this subject the most attentive consideration, the Court can perceive no reason founded on the character of the parties for introducing an exception which the constitution has not made; and we think that the judicial power, as originally given, extends to all cases arising under the constitution or a law of the United States, whoever may be the parties. If the case decided in the State Court be regarded as a case in which a State was a party, the Supreme Court has, by the constitution, original, and not appellate jurisdiction. So, in the same act, a person who, having knowledge of the commission of murder, or other felony, on the high seas, or within any fort, arsenal, dock yard, magazine, or other place, or district of country within the sole and exclusive jurisdiction of the United States, shall conceal the same,,&c. But that other jurisdiction will go far to show, that there is nothing unnatural in giving appellate power over State Courts in cases where a State is a party plaintiff. But, when an alteration of the plan of the City, or a public improvement affecting the whole of the City in a national point of view, is to be made, it is uniformly subjected to the control of the President. But, as that question had been solemnly decided otherwise by this Court, with the argument of the Court of Appeals of Virginia before them, he had forborne to discuss it; he had referred to it, however, because, whilst this Court acted upon the principle of that case, there was a controlling power, on the part of the federal, over the State judiciaries, in practical operation. The constitution and laws of a State, so far as they are repugnant to the constitution and laws of the United States, are absolutely void. Even if the appeal was, "never was such contrivance so justified," Beveridge concluded. The argument is, that it could not; and the very clause which is urged to prove, that the Circuit Court could give no judgment in the case, is also urged to prove, that its judgment is irreversible. This writ of error brings up the judgment rendered in a State Court, in a criminal prosecution. The act of Congress only calls this inherent power into action: and this inherent power, when so called into action, is the only power which this Court can deal with. Mr. Pinkney, on the same side, (1.) If the State legislatures may be supposed possibly capable of violating that instrument, and the State judiciaries disposed to sustain them in that violation, it may as well be supposed, that the federal legislature may be thus disposed, and the federal judiciary prepared to sustain them. It is said, however, that the judicial power is declared by the Constitution, to extend to all cases in law or equity, arising under this Constitution, the laws of the United States, and treaties made, &c.; and that by reason of the expression 'all cases,' where the question is once mentioned in the Constitution, the federal judicial power attaches upon the case on account of the subject matter, without reference to the parties. Neither of these consequences ought, without evident necessity, to be involved; the latter would be entirely inadmissible, as it would defeat some of the most important and avowed purposes of the proposed government, and would essentially embarrass its measures. It has been, in effect, maintained, that Congress may not only themselves legislate over the Union, but that they may exercise this power by substitute. If in that case original jurisdiction could have been exercised, the clause under consideration would have been entirely useless. A man may own poison, but he must not sell it as a medicine. Extract from the Journal of the House of Delegates of the Commonwealth of Virginia: 'Tuesday, January 23, 1810. Miller v. Nicholls, 4 Wheat. The cession was to the Congress and government of the United States. These words signify plainly, that the federal Courts shall have jurisdiction in those cases; but this does not imply exclusive jurisdiction, except in those cases where the jurisdiction of the State Courts would be contrary to the necessary effect of the provisions of the constitution. Does it purport to authorize the Corporation to force the sale of these lottery tickets in States where such sales may be prohibited by law? . It has never been suggested, that such writ of error was a suit against the United States, and, therefore, not within the jurisdiction of the appellate Court. Those tickets may be sold in any place where the local laws will admit. There can be none; for the line of the District completely separates them. Virginia case brief. No question, it is believed, has arisen to which this principle applies more unequivocally than to that now under consideration. If it shall be established, he says, that this Court has appellate jurisdiction over the State Courts in all cases enumerated in the 3d article of the constitution, a complete consolidation of the States, so far as respects judicial power is produced. The power given extends to all cases whatsoever, and no one will contend, that Congress have power to legislate over the States in all cases whatsoever. It was because the two codes were to prevail in the same places, and over the same persons. See to what consequences we should be led by the doctrine, that because this lottery was authorized by Congress, therefore, the tickets might be sold in any State, against its laws, with impunity. Again. what its qualities under the law which gave it, and the constitution under which that law was passed? Such is the law of Virginia, prohibiting the use of billiard tables. The City of Washington shall be divided into three divisions or wards, as now divided by the Levy Court for the county, for the purposes of assessment; but the number may be increased hereafter, as in the wisdom of the City Council shall seem most conducive to the general interest and convenience. It marks, with lines too strong to be mistaken, the characteristic distinction between the government of the Union, and those of the States. In the first place, this Court, in the case of Hepburn v. Elzy,1 decided, that the District of Columbia was not a State, within the meaning of the constitution, and that, therefore, a citizen of that District could not sustain an action against a citizen of Virginia, in the Circuit Court of that State. In many States the judges are dependent for office and for salary on the will of the legislature. We admit, too, that the laws of any State to defeat the loan authorized by Congress, would have been void, as would have been any attempt to arrest the progress of the canal, or of any other measure which Congress may adopt. If we look into the history of the country, the debates of the Conventions, or the declarations of the Federalist, we shall alike arrive at the conclusion, that his power was given in consequence of an incident which had occurred in Philadelphia, and the necessity which thence seemed to result, of Congress deliberating uninterrupted and unawed. If this writ of error be considered to be a suit in law, this Court has no jurisdiction: for it is prosecuted against a State; and, by the 11th amendment to the constitution, no suit in law can be prosecuted by foreigners or citizens of another State against one of the United States.
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