Spencer Roane

“ Everything which makes against their side of the question is greatly distorted and aggravated, and everything in its favor is very much palliated and softened. They often assume premises which cannot be conceded and take for granted what ought to be proved. There are arts, I had almost said artifices, scarcely to be excused in an advocate and which are surely unworthy of the high character of the supreme court.
As for the hair-splitting distinction between a citation and a summons, taken with a view to discriminate between a writ of error and an action, I cannot comprehend it. ”

“ I address you under a solemn conviction, that the liberties and constitution of our country are endangered—deeply and vitally endangered, by the fatal effects of that decision.
Drawn towards you, fellow-citizens, by every tie which can attach man to man; deeply penetrated by all those fond endearments, which bind the affections of a man to his native country, ought I to sit silent under such circumstances? ”

“ Such is not the genius of a federal government, where each party has its reciprocal rights. It is the blind and absolute despotism which exists in an army, or is exercised by a tyrant over his slaves. ”

“ It is said in Vattel (15) that nations, like men, are considered as equal; that a dwarf is as much a man as a giant—and that a small republic is as much a sovereign state, as a powerful kingdom. Again, it is said (16) , that a nation does not cease to be free, when she has fulfilled the obligations into which she has entered. Again, it is said (17) , “that several sovereign and independent states may unite themselves together, by a perpetual confederacy, without each, in particular, ceasing to be a perfect state; and that they will form, together a federal republic.” ”

“ It is not enough for the supreme court therefore to say, that as to many purposes, the United States form a single nation. They ought to go on and say that they do so as to this purpose. They ought even to put their finger upon the specific clause in the constitution, which contains the special delegation of it. Nor is it enough for the court to say or even prove, that it is highly reasonable, that quoad this power also the United States should form but one nation. ”

“ It would seem to be a much smaller abuse, of the federal constitution, that a power should be exercised by one department of the same government, which was confided to another, than that one government should usurp the just powers reserved to another. If the line of demarcation between the different departments of the same government, cannot be obliterated by implication or construction, neither can that broader and bolder line, which is established between the different governments. ”

“ The interest of each state, in the federal government of the union, does not premit the administrators of that government to encroach on the municipal rights reserved to the several states, by the confederation. The people of each state had a right to choose how far they would subject their rights to the control of the other citizens of America; and any further exercise of power, over them is by wrong and usurpation. ”

“ The right of a citizen to sue his state is not, therefore, in such case, coeval with the institution of his action, and the great principle is consequently violated which requires that there must be a cause of action, as well as proper parties at the time of instituting the suit. The ground of jurisdiction, or of action, may show itself for the first time, months and years after the institution of the suit, and the constitution or law, which is to give the court jurisdiction, may come out for the first time in the surrebutter of the defendant. ”

“ No nation especially can justly complain that the states do not give a preference to foreigners over their own citizens in their courts, as none of them give a similar preference to our citizens suing in their respective kingdoms.
The court goes on to say that they are led by the causes to which they have been pleased to ascribe the amendment in question (and which I have endeavored to show are not justly to be imputed to the states) to consider that amendment as only intended for those cases in which “some demand is made” against a state by an individual. ”

“ But the decision before us, finds no support from any statute; and is adopted in the most prosperous epoch of our existence, as a nation. It professes to give a true exposition of the constitution, and does not deign to seek a shelter under the pressure of any circumstances. It can only be accounted for, from that love of power, which all history informs us infects and corrupts all who possess it, and from which even the high and ermined judges, themselves, are not exempted.
It is of no account, that the judgment in question was rendered for the state of Virginia. ”

“ This diversity of opinion and of decision is better than an uniformity, which may be grinding and deadly to our liberties. It is better that liberty and state-rights should be maintained in some states, than no where, It is better that the Legislature of Virginia should solemnly protest against federal laws invading her laws in favor of the morality of her people and against the decisions upon them, than that they should be trampled under foot in silence, by the federal authorities. ”

“ A general grant of power to the former chancellor of Virginia, over all causes in equity arising within the commonwealth, would not have enabled him, to decide his own cause. It is contrary to natural justice that any man, or any sovereign, should decide his own controversy. In such case, the general words of the grant, would be limited by the principle aforesaid. It would be as to it, lex sub graviorilege. The same principle would limit the grant of jurisdiction, in cases, “to which the United States shall be a party”. ”

“ If therefore, the people themselves, have not this transcendent and unlimited power, neither have the messieurs judges. Not even these high characters, can justly deprive our people of their chartered rights, or violate the sacred duty imposed on the state governments, of preserving the morals of their people. It is not in their power to let loose a system of gambling among them.
To this “supreme government,” the court says, the most ample powers are granted, and they refer to the preamble of the constitution, to show how ample these powers are. ”

“ While it is profuse as we shall see in ascribing the most unworthy motives, to other governments, and other departments, it arrogates to itself a degree of purity scarcely equalled by the white ermine with which it is invested. It challenges a degree of infallibility scarcely claimed by the arrogant pretentions of the former Popes of Rome. There is but one higher grade in this climax of arrogance and absurdity, and that is, to claim to hold its powers by divine authority, and in utter contempt of the sovereign power of the people. ”

“ The objection, therefore, only is, in this case, that a writ of error does not lie from a judgment by a state court rendered between such state and its own citizens. Both these objections are grounded upon the principle, that the general government, in all its departments, can only exercise the powers which have been granted to it by the constitution and it will be seen hereafter that no power has been granted conferring on the supreme court the jurisdiction in question. ”

“ There is no reason resulting from the sovereignty or dignity of the states which does not apply as well to cases in which the state is exhibited as plaintiff, as defendant; and every reason which allows the state courts to have a just cognizance of the cause permits that cognizance to be final. The state is a defendant to a writ of error, sued out against her, and there is but little difference between the summons by which an original suit is commenced, and a citation which is consequent on a writ of error. ”

“ It is well known that moderation in salaries, as in habits of living, is the best preservative of virtue: and the fifteenth article of the bill of rights of Virginia, which must have been given by divine inspiration, and ought to be written in letters of gold,—declares,-‘‘That no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, FRUGALITY, and virtue, and by frequent recurrence to fundamental principles. ”