Sidney, wrote for the Enquirer, a series of papers
on the law of that case. I considered these papers
maturely as they came out, and confess, that they appeared
to me to pulverize every word which had been delivered
by Judge Marshall, of the extra-judicial part of his
opinion; and all was extra-judicial, except the decision
that the act of Congress had not purported to give
to the corporation of Washington the authority claimed
by their lottery-law, of controlling the laws of the
States within the States themselves. But unable
to claim that case, he could not let it go entirely,
but went on gratuitously to prove, that notwithstanding
the eleventh amendment of the constitution, a State
could be brought, as a defendant, to the bar of his
court; and again, that Congress might authorize a
corporation of its territory to exercise legislation
within a State, and paramount to the laws of that
State. I cite the sum and result only of his
doctrines, according to the impression made on my
mind at the time, and still remaining. If not
strictly accurate in circumstance, it is so in substance.
This doctrine was so completely refuted by Roane,
that if he can be answered, I surrender human reason
as a vain and useless faculty, given to bewilder, and
not to guide us. And I mention this particular
case as one only of several, because it gave occasion
to that thorough examination of the constitutional
limits between the General and State jurisdictions,
which you have asked for. There were two other
writers in the same paper, under the signatures of
Fletcher of Saltoun, and Somers, who in a few essays
presented some very luminous and striking views of
the question. And there was a particular paper
which recapitulated all the cases in which it was thought
the federal court had usurped on the State jurisdictions.
These essays will be found in the Enquirers of 1821,
from May the 10th to July the 13th. It is not
in my present power to send them to you, but if Ritchie
can furnish them, I will procure and forward them.
If they had been read in the other States, as they
were here, I think they would have left, there as
here, no dissentients from their doctrine. The
subject was taken up by our legislature of 1821-22,
and two draughts of remonstrances were prepared and
discussed. As well as I remember, there was no
difference of opinion as to the matter of right; but
there was as to the expediency of a remonstrance at
that time, the general mind of the States being then
under extraordinary excitement by the Missouri question;
and it was dropped on that consideration. But
this case is not dead; it only sleepeth. The
Indian Chief said, he did not go to war for every petty
injury by itself, but put it into his pouch, and when
that was full, he then made war. Thank Heaven,
we have provided a more peaceable and rational mode
of redress.