The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-12-30
Gle Gnqulrer.
RICHMOND, sotb DECEMBER.
DEBATE ON THE KENTUCKY AMENDMENT
TO THE FEDERAL CONSTITUTION.
HOTJSE OF DEI,EGATFS

/
the whole (Mr. B. Harrifon in the chair) on the
following amendment to the federal Conftituti-
on prepofcd by the State of Kentucky.
Rsisfved, That the fenators in Congress from this
ftate be, and they hereby inrueed and our re-
preientatives in Congrefs alto requeaed to ufe
\ their bell endeavours procure fuch amendment 70
the contribution of the u States, as will coniue the
judicial power Of the of the u. S. cafes in
law and equity, ariGng under the contribution and
laws OF the u S. and treaties made and which NAL!
be made under their authority, cafes affecting ambaf
iadors and other public n,ininers, and coplus cafes
Of admiralty and maritime juriidiSion controverie,
to which the U. S. fhall be party controversies
| between two or more itates.
Mr.. Robertfon fpoke to the following effect
| Mr.. CHAIRMAN.
Intending to vote in favor of the amend.
| ment to the contribution Of the United States,
propofed by the fate of Kentucky, and conf
! dering the fuhjett to- he i'm very high degree
important, hope to be executed by this COM
:nittre, for occupying fhort portion of their
time, whit fate fome Of the reafons by which
l am governed. ] know, Mr.. Chairman, the
almoa infuperab!e difficulties to be encounter
ed at the very threfhold of this inveaigation
am we'll aware of the frong prejudices in favor
OF all exiting governments of the adherence
which is felt againtt every thing like change, or
innovation but. this prejudice is to be found
| in governments the mott obnoxious to the prn-
cplcs OF liberty, as well as in ihofe beft cacua-
ted to promote the happinefs, and preferve the
dignity of man I deem it therefore altogether
unworthy of refpcGt or of further confederation.
Indeed, am decidedly of opinion, that this
tentiment of tame and ferviIe fubmifion, to all
governments under which we may live; has
been productive Of more mitchell, of more de-
graduation to the hural character, than ever
| reiuled from the operation of contrary prin-
ciPle. But, FIR, the trainers of the u. S. con-
ftitution, with modefty which does them no.
nor, (and which, it were to be wifhed, had
been exhibited by other trainers of conttitutiops)
admitted the pofIibihty of defects in that in
hrument, and point' out mode Ivy which
TO amendthem: conscious, however prrfeetl it
might appear in theory, that in practice, it might
prove ineficien!, Or perhaps fubverhve, of the
purpofes, for which it was formed.
Let us then enquire, whether the amendm ent,
at prefent nndef dfcufiion, ought, or ought
not, to he adopted.
4 The 6tuaton of the U. States, i, peculiar to
itfe!f. There is nothing in hiftory analogous to
It. We have general government, and inde-
pendent and fovereign fate governments. The
province of'the general government, is to iu-
psrintend our general concerns, peculiarly TO-
reign relations, End thofe things about which
the United States are iEteretted. The fate
; governments, are intended TO regulate our in
ternai and local affairs, in which foreign govern
ments, aud other Fate governments are not in
tereftcd, and ought not to be permitted to in
terfere. This idea is clearly exemplifed, in
coniderng the powers of tie executive, and
consreis. The judiciary differs in as much, as
tits authorized TO intermcddle in the internal
concerns Of each fate.
The judicial power extends to all cafes, in
law and equity, ariiing under the contribution,
the laws Of the u. S. and treaties made, or
which hail he made, under their authority
J, to all cafes affecting amhaifadors, coniuls, and
other publ C minifers: to all cafes of admiral
ty, and maritime iuri;iietion and to all con-
.roverhesto hich the U. S. ihal be party.
That the federal courts, ihould exercife exclU-
live juri!idion, in the cafes above enumerated,
:: pro- petition TOO obvivuGy true 10 i,e dcni-
ed. 1t is proper that quefions involving the
union Of the ftates, and the interets of the u.
S. with foreign nations, fhould be decided by
the courts Of the general government, and not
by the Judicial tribunals of a fate, not amena.
BILE to, nor in any way representing the U. S.
This reaioning does n"t apply to other pow
crs poiieiicd by the federal courts. II does not
.hew that they ihoald be allowed to decide
cauies between citzers Of different ftates, be-
tive, n citizens of the fame fate, claiming
lands, under grants of different Gates or of
their being permitted TO exerCife any of the
powers, which it is the object of the preient
am endment, to deprive them of.
The ftafe Courts are as pure, and as ntelli-
gent, rs the courts of th- u. S. The deciiions
of both, are regulated and confronted, by the
fame laws and ufages. IF there are defects in
the organization of either, or both, the defects
| OF the former, arc more ealily remedied, than
thofe Of the latter. But it is faid, that Fate
court will feel Partially, in favor of its own
citizens, in controversies between them, and
citizens of other Gates, fut,jttts of other go.
| vernments. The fame objection applies to the
federal courts. The federal judge here is a
| Virginian, the juries who try the caufes be-
fore him, are Virginians he and they are
bound by the fame laws, which control the
Judges and juries of our fate diftr6t courts. I
do not believe, that this psrtiality, if felt, is
iuffered to work injuftice. ] think, know,
that in our courts, no odious difcri-
mination Is made between the citizens
of other hates, aud our own; no, nor between
foreigners and natives. If this is the cafe in
Virginia, why not in othet ftates! They are
az honef as we are. Yet it is fufpeSted, that
Kentucky has propofed this amendment, that
ihe may be enabled to decide all the controvert-
ed qdeltons with refpeGt to her lands, in favor
of her own citizens. This is fufpicion too
ungenerous to prevail, too monHrous to be
true. Kentucky has given no evidences of
fuch corruption and deprayity. confder her,
IN every way, among the moi respectable off
1 ttates. a ihort time ago, this was an universal
fcntimek. Kentucky was the fri fate in the
union, To ftep forward, in oppohtion to the ty-