Judiciary. For his comments on the case of Cohen v. Virginia see his Writings (Ford ed.), X, 198–199, 226–232; Works, VII. 222, 223, 294–298; see also his expressions of alarm owing to the influence of the Judiciary, Writings, X, 140–143, 160, 161, 170, 177, 184, 189, 192, 200, 223, 224, 248, 259; Works, VII, 134, 192, 199, 216, 256, 278. For the more conservative views expressed by Madison in his correspondence with Judge Roane, Jefferson et al., see Works, III, 143–147, 217–222, 223, 224, 246, 291–293, 325–328; IV, 18, 47, 296, 297. For an account of the efforts made in Congress in 1821 to secure an amendment to the Constitution conferring upon the Senate appellate jurisdiction in certain cases see, Ames, Proposed Amendments, 161, 162; Annals of Congress, 17 Cong., 1 sess., 23–25, 68–92, 96–114. For comments on the case of Cohen v. Virginia see Const. History as seen in Amer. Law, 85–90; Landon, 312, 313; McMaster, V, 414. Van Santvoord's Chief Justices, 466–469.
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Resolved, as the opinion of the General Assembly of Virginia, that the Supreme Court of the United States does not possess appellate jurisdiction in any case decided by a State court.
That, even if this appellate jurisdiction did exist in cases decided in a State court, between individuals, a State cannot be made a party defendant to any suit before a federal tribunal commenced with a view to obtain a judgment against such State, or to reverse one obtained by it in a State court, or to any process or proceeding instituted in a Federal Court to correct or reverse a judgment entered in a State court for a penalty or punishment prescribed for the commission of any offence.
That a law passed by the Congress of the United States by virtue of that clause of the Constitution which gives to them the right of exclusive legislation over the District of Columbia has no greater force or effect out of the said District and within the limits of a State than the law of one State has within the limits of another State, or than a law of a State has within the District aforesaid.
Resolved, That the Supreme Court of the United States have no rightful authority under the Constitution to examine and correct the judgment for which the Commonwealth of Virginia has been "cited and admonished to be and appear at the Supreme Court of the United States," and that the General Assembly do hereby enter their most solemn protest against the jurisdiction of that Court over the matter.
