Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-09
Virginia Legislature.
D E B ATE ON THE K ENT UCK Y
ENDMENT
Mr.. SArrH Cof Wythe.)
Mr.. CHAIRMAN,

on Of the Unitsd States, ought, before it is
adopted, to receive the most serious consi-
Iteration. No change should be made in
that important compact that will endangcr
the peace and tranquility of the union.
| But the trainers of the constitution were
/ themselves sensible, and the whole nation
have declared, that it was defective /; and
sundry alterations therein have already
been made. And ifthere remain any pow
ers granted by that intrument, which are
found unnecessary to the general govern
ment, or injurious to the governments OF
the states, they ought to be taken away.
Kentucky has complained, that the pow
or given TO the federal Judiciary to take
| cognizance of suits in which an alien is a
party, or between citizens ofdifferent states,
is injurious to the state governments, * to
the people. Some of the other states have
agreed with her. Itcertainly becomes the
| legislature of Virg. MIA, who have often pro-
posed amendments TO this constitution, to
consider this proposed amendment, with
respect, and deliberation.
| II there remain in this constitution any
| imperfection, proposed changes could not
! be discussed at more favorable time than
the present. The public mind is free from
agitation and the determination which
shall now be entered into, will probably be
that most favorable to the preservation of
public liberty.
| will beg leave to consider that power
given by the federal constitution, which
the legislature of Kentucky propose shall
be taken away, both as it is now actually
exercised, and as it may be exercised,
hereafter, should the general government
come 10 be administered by men DESTROYS
to eXtcndto the utmost federal power.
in passing laws to carry this power into
execution, Congress have been moderate.
4 They have by no means extended the pow
ers of the federal judiciary as far as consti-
j tutionally they might have done. They have
provided that the circuit courts of the IT.
States shall have original jurisdiction, con.
current With the state courts, of civil suits
where an alien is party plaintiff or de-
PENDANT, or where a citizen OF a state, other
| than that wherein the suit is brought, is q
! party plaintiff or defendant, and the matter
IN dispute exceeds the value offivc hundred
I dollars. Andif a citizen sues in court o
his state, an alien, or a citizen of another
state, where the value is above FIVE hundred
dollars, the defendant may remove the sui
into the federal district court
shall attempt to prove, that according
to those provisions one half of the suits a.
rising within this state, where the value i
above FIVE hundred dollars, may be brough
in the federal circuit courts
y There are among US large number O
aliens, with whom, as well as with alien
residing abroad, our citizens have man,
contracts. Our citizens have also man,
contracts with the citizens of of the ajacen
states. IL becomes necessary to examin
who are citizens Virginia: For if / al
not in an error, great numbers of the inha
bitants Of Virginia are still citizens of othe
states; and suits between them and citizen
of this state, may be brought in the fedora
: circuit court.
, IF citizen Of the state of MARYLAND come
into Virgin a, although he is entitled to a
the Privileges of a citizen of Virginia, yc
he is not citizen of Virginia. He is sti
r citizen of Maryland. II he should be 81
ed in this state, in state court, by one
our citizens, for debt above fiv
hundred dollars, the law of Congres
authorises him to remove the suit into tn
federal circuit court. ! cannot discove
that remaining in Virginia for any lengt
>, of time would divest him of the characte
of citizen of Maryland, and of his consC
quent right to have a suit between him an
a citizen of Virginia tried in the feder;
court. Should he take the oath of alleg
s ance to Virginia, and abjure all allcgianC
c claimed by any other state, he might the
{ cease to be a citizenof Maryland, and loo.
: his right to sue a citizen of Virginia in III
S federal circuit court.
If am correct in this supposition, pr
badly fourth Of the inhabitants of Virgin
threefourths of the inhabitants of Kentuck
and nine-tenths of the inhabitants Of Obi
# are citizens Of other states.
: It will follow that according to the pr
+ sent system, one halfof the suits in Virgin
:, for value greater than FIVE hundred dc
q lars, may be brought in the ederal circu
court. The controversies that shall arr
u in Ohio, Tennessee, and the states herea
! to be formed in the INDIANA, Mississippi
: Orleans, and louisiana territories, whe
: the value is over FIVE hundred dollars q
= Guiding almost all the land causes) will nca
= w all Of them be within the jurisdiction
3 the federal courts, and removable 20 u
q city Of Washington. This will be ruino
L 70 every man who is not wealthy. Su,
. only will contend for their rights, when 4
Is causes affecting them are to be determin
d at the city ofWashington. A laboring m
l. who shall claim a small tract Of land IN 10
L isiana, had much better give II up, q
r preos forward into the wilderness IN
contend against a wealthy adversary :
fore the supreme federal court, ut the q
Washington. Can such a system DC pl
per to " establish justice and ensure dSIn