The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-12-30

oeItIes are ever undermined and denroycds It
wilibe by that government. Snppotr it corrupt.
ready too well enabled, to potion the fentiments
OF the people. The fate governments are
as they have already proved. the watchful
guardians of our rights. Suppofe one or more
OF them, flavifh in their principles, vicious in
their practices, their example need not be fol-
lowed, their influence is bounded by the bounds
of the fate. 1t is to conhne the general govern
ment to objects of general and external ma
thre, to prevent its obtruding tfelf in our do
meEic arrangements, that 1 am oppofed to its
Judiciary; the conftitntion is properly con-
fined to Objects general and external, and 10
! fHeie, ! with to confine the court.
But let us, Mr.. Chair man, examine the fnS.
jet more particularly.
| Suproie an individual living in one of the
frontier ountes in this fate, is fied in the fe-
deral court she has to encounter long, fatigu-
ing, and expenGve journey to Richmond, there
to employ lawyer at an expence the mott
normous, when Centralized with the fees he had
been accufomed to pay to repeat the journey
as well as the fee, frequently before the fuit is
decided and ultimately to have judge
ment againf him, with colts, comptehendng
the miilage of the MARTIAL, and the fee for the
plaintiff s attorney, amounting in all, probably
to more than the original debt defendant,
unlets absolutely certain of fuccceding, (and the
glorious uncertainty of the law is fuch as
to prevent his ever feeling this certainty foon.
er than undergo the fatigue, the trouble, and
the vexation, and rifque the expence of de-
fence, will abandon the claim to the foreign
harpy by whom it was let up can fich fyf-
tenn be fuffered to exit /? Is it beneGciarto any
other human beings, other than the Richmond
attorneys, the federal martial, and the federal
clerk? Is it not deftruSfive of the cafe, and
ruinousto the fortunes of all the community
beides, involved in its vortex But if a man
is diiiatisfied with the Judgment, he may appeal
to the fupreme federal court, fitting in the CT
ty OF Warrington. That is, he may travel
lone hundred miles further, he may pay more
fees, exceeding, l prefume, the fees paid in
Richmond, in the proportion that they exceed
thoie paid in our county courts and after all
this trouble and expence, it is more than pro-
hable have confirmation of the judgment al,
ready given: For the judge from whole OPT
mon he appeals will contitute one of the appel
late courts, ard being prefumed by the other
Judges to he more converiant in the laws Of
his own fate, will consequently dictate the de-
cihOn. IF this view of the fnhieGl he corr-Gi
and 1t mpofes upon the citizens of our fate,
lhardships which ought not to be borne, and
difficulties which cannot be overcome, what is
the iituation Of man inhabiting the ftatcs of
Vermont or Georgia, or the houndlefs country
} OF LouiGana?
} Is it MT prepof erous, abfurd, and infulting,
to fay TO an Individual, ialtice is neither delay
!. ed, nor denied |? You may travel fifteen hun
ired miles and you will obtain il. The prefent
iytem, in this inffance, amounts TO total,
complete, and uneqnivoca denial of juC-
!, tcc. MIR. Chairman, for thefe reafons, it is not
only proper, but necenary, that the conftituti-
on ftou.d be amended. believe it never was
thought of m any other age or country, but
thaf in and thaf Ia R,ts NJ, IL
! be two judiciaries, both OF them fovereign, and
each independent of the other. Two legilla-
} lures, and two executives, would not be more
homogeneous, more in oppofition to principles
OF politics universally deemed correct. Let us
lee from the following cafe, the operation OF
this judicia! arrangement, and enquire of its
friends, to obsiate the difficulty which arifes
(; A inititutes fuit la the federal court, againit
c, for tra6. of land, in the pofef1ion of C. B.
inttutes fut in one of our fate courts, againft
c. for the fame land the federal court decides
in favour of A, againA c, the Rate court decides
in favour of u, againf C; A has an executive
title under the Judgment of the federal court ;
and Is has an executive title to the fame land.
under the judgment of the fate court and
both thefe courts are fovereign 6, independent
There is no iupreme tribunal, common to both,
to decide between them. This cafe may hap.
pen, have heard that it had happened. For my
part, Know not now the Queitlon IS to be fet-
tied, and requeft TO be informed by thofr hof-
tile to the amendment.
Permit me, Mr.. Chairman, TO fate another
objection which have to the judiciary of the
U. S. as at prefent contributed. have already
declaredny anxious with, to dimini.h The power
and influence Of the general government; TO
prcferve, mott facredly, the independence and
fovereignty of the different Gates. The amend
ment propofed by the fate Of Kentucky, will
produce thefe effects; if adopted, it will wipe
away the foul Rygma cat upon the fate courts
by the contribution. 1t will no longer permit
an idea TO be held out TO the world, that thefe
courts are too corrupt, or too ignorant, to de-
eide fome caufes which may be brought before
them. Ii will elevate us in the eyes of foreign
nations, and it will increafe that confidence and
eiteern, which ought to be felt by the ftates for
each ether. In other governments, diftantly
analogous to ours; in the Helvetic confederacy ;
in the Seven United provinces there was no
tribunal like our federal court, founded upon 4
iufpicion Of want of integrity and talents, in
the different courts of the independent cantons,
or provinces. 1t never appeared, that fuch
court was necefary. If Virginian fues an
EpgIiihman, it is in his court at Weaminiter.
1t is the fafhion to fpeak of that court as init
and intelligent. IF an Englifhman fues a Vir-
giuan, let it be in his own fate court if il is
not fashionable to fay 70, il is more true that
they are jut and impartial.
| In our ftate courts, Mr.. Chairman, uueflion
4 fOmetImeg drjfcs. az To the conRitutionoI;tv &c