The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-28

Il
dangered; by which the contribution Of the United
States, the buIwark Of our national felicity and indie
pendenee might be brought into jeopardy!
Should eonereis propoLe the amendment, the ac-
quiecence of the Rates. will exhibit to the world the
harmony which prevails between the federal ana the
tate authorities. IT this aequiefceuce does not take
| place; II the tatcs are divided, the inference will
only be that the Gen. Government is willing to fur
render part of its power which rhe fiates are not
willing to re(ume. But this critical period when
our relations with Great Britain and Spain have in
dueed the gen. aaemby Of Virginia to pledge the
Hate to fuPPort the congres of the United States in
any iyitcrn which they may think proper to adopt,
vernMent, would produce in the minds of foreign ma
tons belief Of internal difconteut dieniion no ei,
injurious to our interes than draceful to the cha
racter OF our republican nliitutions.
From thefe principles il feems to be regular de.
duetion, IT the proportion amend houd com. from
congreis that our decifon now, is premature as we
HALL be obliged to decide again and if il ihold NOT
that our concurrence with Kentucky will be highly
en,barraiiing by Pedging this tate for cooperation
IN meaiures dangerous to the tranquility Of the
union, and to the permanence of the contribution I
mould not helitate therefore moment the
quetion about to be put Tueiday next, in fuch a
way as would preferve to the Legislature the power Of
deciding at future day upon the fullen Information
and oil aching the circumstances of the times NAV
|
without departing from that refpeef which ihould al
ways be manifehed by the itates to each other and
ought to be done If it is believed that the mea
lure propelled is the offspring of the moii liberal and
| enlightened policy. But to this COMMUNICATION it j.
| not Untitled.
hat elaue OF the contribution which gives to the
federal judiciary jsrfditoa in the three claes of ca
les above itatcd, was dgeRed and approved by many
Of the weh men and beft patriots that ever did ho-
nor to any country; and tho their wildon and pari-
otm are not concluve evidence that all the claues
o the contribution are correct, there at leaf pre-
iumPhon that they are 10 until the contrary is proved
Nor ought 1t he forgotten that aer the pan of the
contribution had Rood the telt of the mott able and
acute examination in all the ftates and moR effect
ally IN this Hate, the amendments propelled immedi-
ateiy after its adoption in March 1889 had no reati
OH to the psHts embraced bv the rsoution from Ken
lucky What is the evil therefore norv felt or appre
hended, which fhsll induce TO believe that the ex
tent OF urdietion allowed to the federal judiciary is
injurious TO the peace welfare Of the United States
Information this point is foseh. for in vain in the
preamble to the rcfoluton from Kentucky Their
reaionng applies the r cafs of cafes only that of
contetng claims under grants from different ftates
and becaufe of thee claims the federal courts in Their
oPnion ought not to have jurifdiasn, they are not
10 retain 1t in the two other claIes of cafes which
may relate and generally do relate property of diff
ierent description II our contribution is to be chang.
ed lee us at leaf hear and underiand the reafons by
Whole influence it is 70 be effected
With reipett to ;he coilion between the decifion,
the fate and federal courts on the fubc o. Grants
from different tfates it fomewhat fngular that the
eglture of Kentucky ihould urge as reaio for the
propced innovation the identical eircumnance which
occaoned the adoption of the elaufe in queifion. II
was iuPpofed the trainers Of the contribution that
the national tribunals ought be entrufed with RI.
deciiion OF all hofe cafes where fate court mich,
be under the Influence of any bias or local ar
taehment If the contef therefore is for land Calm
ed undar grant from Virginia, and held under a
grant from Kentucky, the queition whether a court
IN Virginia. court in Kentucky or court :ndepeu
dent of both itates ought decide, admits but of
one aniwer. The idea of fubintting iuch aueltion
toa court in this fate would in Kentucky be deemed
abiurd Why then fhall the people of VIRGINIA, van
numbers OF whom have important claims in Kentuek XIV,
voluntarily furender their right to proecute thefe
claims before an impartial tribunal! To the people
OF this itate,it is matter of the moi ferrous con-
Germ. The owners of land in Kentucky rafdinq here
have been Kept in iate of perpetual anxiety by the
laws OF that fate affecting the lands of non-reidents:
land To them 1t niui be point of the firR import
anee that the queeions concerning the compatibility
OF tkoie laws with the compact between Virginia ard
Kentucky with the contribution of Kentucky, and
with the laws and contribution of the u. s. houd be
decided by independent, impartial tribunal. |
esfefs, therefore, that am oppofed to the amend
ment Tor the very reaion that is urged in its upport
II there be coon between the deciiion of the Gate
and federal courts the point under CONFEDERATE.
there can be no reaon apprehend that the
!, will be committed by the latter.
This point being diPofed of, will not trouble you
with many observations the other two claiIes
OF cafes, of which very little if any notice is ia
ken in the Kentucky refolution. Thofe who with
for full information them, will be amply graft
fed by referringto the report of a committee Of the
Legislature of Malchufetts on this ubjett pub!ifbed
in the Enquirer of the esd July lait. BY that legif
ature the refolution from Kentucky was unanm ouf-
y rejected, for reafons tated with degree of per-
lfpicuty and force, which would be impaired by anv
, attempt TO exhibit them in a different form.
To thefe reafons will add two only. The fri is To-
cal in its application, and in fact confined to this
fate the laa involves confederation extremely i'm
: portant to the contribution Of the u. States.
The buHDefs which is done in the federal court in
} Virginia in way, 70 jualy commended few days
pat in the Capitol, is exenfve and frequently ntri.
cate a, well as important. If all this bulnefs was
thrown on the ftate courts already linking under the
: burthens which they bear, would not the effea
be iueh every friend to Juice mufi depore If
our own citizens NUT fubmit to the miiery of the
laws delay, let Leaf retain in the fate thofe
courts where Juice is expeditiouly well as Impair
TALLY adrinitered, in favor Of citizens of other Gates
and Foreigners and in like manner in favor of our
own citizens againft them.
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