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obligation throughout the Union: laws paramount in the States to the laws of the States.

It seems to have been considered by the advocates of the Corporation, that what Congress authorizes to be done, that they do. This is not so. Congress authorized Missouri to form a constitution; but Congress did not therefore form the constitution of Missouri. The Corporation of Washington were left free to act on the subject of lotteries. They were empowered to authorize the drawing of lotteries, and to pass the laws necessary and proper for carrying that power into effect. The law establishing the lottery in question, is the by-law of the Corporation. 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.

Congress have not said that the lottery tickets. should be sold in the States. They have not even said that there shall be a lottery. Congress empowered the Corporation to pass the law, and the Corporation passed it; the ordinance of the Corporation establishing a lottery, is no more a part of the act of Congress, than the territorial laws now passing in Arkansas will be parts of the acts of Congress. It is not an act of Congress under which these tickets have been sold in Virginia, contrary to the laws of that State it is a by-law of the Corporation of Washington that gave existence to this lottery. An act of Congress does not apply to the case; and therefore this Court have no jurisdiction under the judiciary act.

The powers of the Corporation of Washington are confined within the limits of the City. Being a Corporation for government, all within the corporate limits are subject to them; but no others." They cannot make a by-law affecting even their own members, beyond the corporate limits; they have no power to pass a law authorizing the sale of lottery tickets in Georgetown, much less have they the power to authorize the sale of them in a State, contrary to its laws. This by-law either extends beyond the limits of the City, or it does not. If it does, it is void and if it does not, it can have no effect in Virginia. The by-laws of a Corporation are to be subject to the laws of the land, even within their limits. The laws of the States are the laws of the land, within their limits, on subjects not committed to Congress. To those laws all corporate laws are subject. there cannot be that kind of collision between bylaws 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. As the by-laws of London may come in collision with the laws of England, but cannot come in collision with the laws of Ireland and Scotland, in those countries; so the by-laws of the Corporation of

But

a 1 Bac. Abr. 544. 2 Comyn's Dig. 154. 3 Mod. 159. 1 Nels. Abr. 415. T. Jones 144. 1 Nels. Abr. 413. 3 Yeates, (Penn.) 478.

b 1 Bac. Abr. 544, 545. 551. Hobart, 211. 5 Co. 63. and 8 Co. Rep. 126,

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Washington may come in collision with the laws of the United States in the ten miles square; but can never come in collision with the laws of a State, for they cannot have operation in a State.

The Court will maintain the powers of Congress as granted by the people, and for the purposes for which they were granted by the people; and will, if possible, to preserve harmony, prevent the clashing of federal and State powers. Let each operate within their respective spheres; and let each be confined to their assigned limits. We are all bound to support the constitution. How will that be best effected? Not by claiming and exercising unacknowledged power. The strength thus obtained will prove pernicious. The confidence of the people constitutes the real strength of this government. Nothing can so much endanger it as exciting the hostility of the State governments. With them it is to determine how long this government shall endure. I shall conclude by again reminding the Court of a declaration of their own, that, "no power ought to be sought, much less adjudged, in favour of the United States, unless it be clearly within the reach of their constitutional charter."

Mr. D. B. Ogden, contra, (1.) stated, that he should not argue the general question whether this Court had an appellate jurisdiction, in any case, from the State Courts, because it had been already solemnly adjudged by this Court, in the case of Martin v. Hunter."

a 1 Wheat. Rep. 304.

2. This is a case arising under the constitution and laws of the Union, and therefore the jurisdiction of the federal Courts extends to it by the express letter of the constitution; and the case of Martin v. Hunter has determined that this jurisdiction may be exercised by this Court in an appellate form. But it is said, that the present case does not arise under the constitution and laws of the United States, because the legislative powers of Congress, as respects the District of Columbia, are limited and confined to that District. But, if the law be thus limited in its operation, how is this to be discovered but by examining the constitution? and how is this examination to be had but by taking jurisdiction of the case? In the whole argument, constant reference was had, and necessarily had, to the constitution, in order to decide the case between the parties, upon this question of jurisdiction; and yet it is said to be a case not arising under the constitution. It is also contended, that it is not an act of Congress, the validity of which is drawn in question in the present but an ordinance of the Corporation of the City of Washington; and the maxim of delegatus non potest delegare, is referred to, in order to show that the Corporation cannot exercise the legislative power of Congress. Is it meant by this to assert that Congress cannot authorize the Corporation to make bylaws? Even the soundness of this position cannot be determined without examining the constitution and acts of Congress, and adjudging upon their interpretation. The whole District of Columbia, and all its subordinate municipal Corporations, are the creatures VOL. VI.

case;

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of the constitution; and the acts of Congress, relative to it, must be determined by the constitution, and must be laws of the United States. Are not the extent of the powers vested in Congress, and the manner in which these powers are to be executed, necessarily, questions arising under the constitution, by which the powers are given? How can the question, whether this is a lottery authorized by an ordinance of the Corporation, and not by a law of the United States, be decided, but by a reference to the laws of the Union, and the constitution under which they were enacted? The plaintiffs in error set up a right to sell lottery tickets in the State of Virginia, under the constitution and laws of the United States, and the State denies it. By whom is this question to be decided? It is a privilege or exemption, within the very words of the judiciary act, set up or claimed, by the party, under the constitution and laws of the Union. It is immaterial for the present purpose whether the claim be well or ill founded. The question is, whether the party setting up the claim, is to be turned out of Court, without being heard upon the merits of his case. If you have not jurisdiction, you cannot hear him upon the merits. Upon this motion to quash the writ of error, you can only inquire into the jurisdiction, and cannot look into the merits: but you are asked to turn the party out of Court for defect of jurisdiction, and without giving him an opportunity to show that by the laws and constitution of the Union, he is entitled to the privilege and exemption which he claims. It is no answer to say that