Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-09

appear useless. Ii is in the state court.
that the state sovereignties are felt, and &C
knowledged to be important. When your
judiciary shall fall into contempt, the ami
hiiaton OF your sovereignty viii be at hand
II there Was but one judiciary in the union
the arguments in favor of a single Ierisla.
ture would be numerous and cogent, and
would prevail
1 think have shewn that the effects OF
TINS power, given by the constitution TO the
FEDERAL courts, are already degrading to the
stare governments and may lead to their an
mutation. Let us see if this power is es-
sential "to establish Justice and ensure do
mestic tranqutlity.''
The ablest advocates of the fereral con-
stitutlon, have admitted that the power
winch Kentucky seeks to take away from
the general government, is useless. There
Mr.. Smith read from the debates of the
Virg. Convention, extracts o. the speeches
OF l'zr. Madison, p. 379 of Mr.. Marshall, D.
S95 OF Mr., Randolth, p. 400 and of DIr.
Pendfeton, p. 390-369.l
IN amendment was not originally pro-
posed by Kentucky. 1t was proposed by
inc greatest, the most enlightened body e.
yer assembled in Virginia the reDresen-
tatives of the people in convention in 1888
lhere Mr.. Smyth read an amendment pro-
posed by the convention, Debates, D. 474
nus 1t appears that the ablest friends Of
the federal constitution have admitted this
power to be useless. Some of them have
admitted 1t to be dangerous. And the peo-
PIE OF virginia in convention, have formerly
! proposed greater diminution of the now.
er OF the federal Judiciary, than Kentucky
has now proposed.
The acts of congress prove this power to
De unnecessary, They have left to the
state courts all those suits where the value
IN controversy does not exceed five hunded
dollars constituting far the greatest num-
Der OF cases, TO which by the constitution,
! le was declared the power of the federal
court should extend. They have declared
tnat al causes of action arising under the
post-uthce laws shall be sued in the state
courts. This proves the competency of the
| state courts to give satisfaction between CT
ti2ens of different states and even tocar-
ry into execution the laws of Congress.
A right to reject the courts of a fede-
rative state wherein a debtor resides, and
10 sue him in the courts of the ruling power,
IS no where else, believe, allowed but in
Ithe United States. ii you have a claim a.
I galnsta Scotchman residing in Scotland, can
you sue him before any ether than a Scotch
court Ii you have claim against Hol-
| ander, must you not depend for Justice upon
| the courts of Holland? Would von be al
lowed to say the courts of Scotland are
| partial" and to sue the Scotchrnan in an
English court Or to say g the courts of
Holland may be corrupted" and to sue in
a court of France No, sir. Such dis
graceful irnputations against the tribuna $
I u thc country arc no where else tolerated
but in the United States
The supposition ON which the power in
n &c 81, r.
to wit, that the courts are partial, merits
ser. GUS consideration. Il is alledeed that
they viii deny justice to an alien or citi-
zen of another state, in favor of one of their
fellow-citizens.
Suppose we admit this degrading insinu-
: alton to be we'll founded, what remedy
, does the federal constitution give? A cti
zen OF Kentucky owes debt to British
subject. He is sued in the federal court
before one Of his fellow citizens. The sui
is removed to Washington city and there j
i is again tried by his fellow citizens
: Why may we not suspect our fellow CT
n tIZens in the federal courts of partially
/ as well as our fellow citizens in the court
It ofithe state Surely no friend OF the fcdc
c raj judges will say that they love thei
q countrymen less than the state judges dc
J. They would not consider any one as pay
s ing them a compliment who would tel
: them so. If YOU admit that they are not
&c any more than others, devoted to the inter
ests Of aliens, it will follow that they ar
n no more impartial than judges of the stat
: courts, in suits between citizens and aliens
,s And in suits between citizens of difereu
rs states, the federal Judge viii often Le tn
= fellow citizen ofthe one or the other part
~ So that Partially from local attachment
i not obviated by this provision of the fede
Il raj constitution.
n Sir, / cannot contemplate the federi
- courts as more exempt from Partially, q
80 in any way more entitled to confidence tina
70 the state courts. Remember all the y
- pointments that have been made, of judge
/, under the federal government, and it
v probable your opinion will agree with min
r. Two federal judges have already been in
= peached No man appointed judge i
90 the legislature of Virginia has ever bee
ri suspected. And TO me it seems, that r,
al volutions in administration, such as pr
j. duccd the midnight jtdiciary, will happ,
pc less often in the state, than in the gener
10 government
think have shewn there is no reas'
s. to believe, that the federal circuit cour
il will be more impartial than the superi,
H. courts of the states. And if unjust or ~
IS gal decisions shall be given in the circu
NJ courts, will they not be confirmed | a
ee prehend it is very probable. Five Judge
, VINO have been on different circuits, a
TO lsemble together to bold the supreme cou
Il at. II I'll.