The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-01
Try ire no where elfs tolerated but in the Uni.

ne inppohti"n on which the power in quef
ton is granted to the federal courts, TO wit,
that the courts are partial, merits ferons cos-
liberation. II is alledgcd that they will de ny
liuftice to an alien or citizen of another ftzte.
IN favor OF one of their fellow citizens.
4 SuPPoie we admit this degrading infinnation
to be well founded, what remedy does the fe-
deral contribution give A citizen of Kentuc.
Ky owes a debt to Britifh fubjeSf. He 10 fl.
ed IN the federal court, before one of his fellow
citizens. The fuit 10 removed to Warrington
city and there it is again tried by his fellow ci-
tizens. ~
Why mayw not fufpees our fellow citizens
in the federal courts of partially, as well as our
fe'io" citizensi in the courts ofthe Rate !. Sure
" no friend OF the federal judges will FAY that
they love their countrymep lefs THAI, the tate
judges do. They would not confider any one
as paying them compliment who would tell
them 10. fyou admit that they are not, any
more than others, devoted to the interefs of a.
liens, 1t will follow that they arc no more i'm
partial than judges of the rate courts, in futs
between citizens and aliens. And i'm fuits be.
tween citizens of different Rates, the federal
judge will often be the fellow citizen of the one
or the ether party So THAT partiality from 10.
cal attachment 10 not obviatcd BY this proyifion
OF the federaLconRitutioa. -.
Sir, l cannot contemplate the federal courts
az more exempt from Partially, or in any way
more entitled to confidence than the fate
courts. Remember all the appointments that
nave oeen made, OF Judges under the federal
government, and it is probable your opinion
will agree with mine. Two federal Judges have
already been imprached. No man appointed
Judge by the legislature of Virginia has ever
| oeen iuipected. And to me it Teens, that revo-
buttons ~ administration, fuch as produo ed the
midnight judiciary, will happen lefs often in the
itate, than IN the general government.
! ithink have ihewn there is no reafon to be-
| heve, that the federal circuit courts will he
more impartial than the hyperion courts of the
ftates. And if unjuf or illegal deciGons fhall
be given in the circuit courts, will they not be
confirmed: l apprehend it is very probable.
FIVE judges, who have been on different circuits.
aiicmblc together To hold the fupreme court.
From decidons given by each of them, there
arc appeals. Will they not fuitain each Others
declilons, If it be pcfiible by plaufible areu.
ments to do 70? Will not each fpare his bro.
ther' that his brother may fpsre him in return !?
we may eSPea it. Their pride, their love of
| fame, the eLprH de corps, will all tend to pro.
duce this effect. l cannot, therefore, believe
IN the hyperion integrity, juftice, and impartial
ity OF the federal courts.
| Give me leave, fr, to attempt to prove that
the itate courts are more competent than the
federal oourts, TO the administration of iuftice
IN all cafes arlfins under the laws of the refpec-
tive hatcs.
Talents and application are neccfary to en-.
able judge to undcrftand one code of laws.
Avery able judge Isl rare character, even where
he has but Jingle code of lawsto comprehend.
Suppoie that in the 1s judicial diitrets of this
tatc there were eighteen different leeiflatiye
bodies, and eighteen diftinct codes of law, an
nualy changing, would not your general court
judges have formidable talk to underftand
them all, and to adminifter jutice in each diC.
triet according to it's laws? Then fiippofc
your general court to hear appeals from the
decilons OF each Of its members in the diftri6t
courts and you havea picture of the H,uation
of the federal judges. They will have TO adj.
minllter jnltice in twenty tatee, by twenty DIFF
ferent codes of laws and then to rcvife in the
fupreme court, each Others deciGons under
| thofc twenty codes.
Now, fir, if you expect from the federal
courts better decihoDs than you expect from
the fate courts; you mutt fuppoie the federal
judges to PoilefS twenty times the capacity of
Judges OF the fate courts. That the federal
Judges are ignorant of the laws of thole nates
whereof they are not citizens, appears by the
numerous auctions they afk of the bar, con-
corning the law and practice of the fate courts.
1t cannot De otherwifc. The federal Judge. are
required TO learn the laws of twenty-five 90
vernments, which laws are perpetHaliy chang
ing, according to the will Of twenty-five Iegif.
latIvc bodies.
But we are alarmed about the compae en-.
tered into between Virginia and Kentucky, an
the erection of the latter into Fate. Ihope
the clerk will be allowed to read the third.
fourth, and eight articles. There the clerk
read thofe articles; ReV. code D. ST.
| cannot Ice the leaf danger that the leeils-
tarc Of Kentucky will attempt violation of
thofc articles. Their citizens hold their title.
under the laws of Virginia, and f,ould they
attempt fuch violation, it would give rife TO
a controversy between the two Rates, which
I if not decided by >ommifIioners according to
the ath article, would be determinable in the
fuprrmc federal court.
We ought to decide this queftion with view
to it's effects on the general government, the 60
vernments of all the ftates, and the people, and
not with view to the 6tuation of Kentucky
alone. Remember that by denying TO Ken
lucky the right to decide caufes concerning
lands within her limits, you ALTO deny to Vir.
gina the right to decide caufes concerning lands
within her limits. Remember the Indiana
claim, which may yet be brought before the
federal courts, TO country inhabited by $4,000
of your citizens. Remember the claim of the
heirs of lord GrenvlIe to large part of N.
Carolina and TennelIee. Remember alto. that
an opinion has been entertained that fome of
! the federal judges are not unfavorably difpoGed
! toward fuch claims; and you may fee expedi-
ency in the change propofed.
As to the interefts of non-rehdents in the