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

The power granted by this clause of the
federal constitution is extremely degrading
( to the state governments particularly to
! the Judiciary departments. The legisla-
lures of the states are allowed TO make
laws; but the judges of the state courts are
not to be entrusted to Judge cases arising,
under them. No reason can be assigned
tor this, unless 1t be, either that the state
Judges are ignorant or partial, or corrupt
From the manner in which the act of CON
grcss Is drawn, the inference seems TO be
that the integrity of the Judges in the state
/ courts, is not to be relied ON. Ifthev are
presumed to be partial to their fellow citi-
! zens from local attachments, then they ought
no more to be entrusted with the, decision of
causes under the value of FIVE hundred dol
lars than with the decision of those ofgrea-
ter value than FIVE hundred dollars, as that
species of Partially may operate in causes
LOT the one description as well as the other
But the state judges are entrusted with
the decision of causes not exceeding in va
lue five hundred dollars. 1t seems to be
presumed that in causes of no greater value
they Will have no sufficient inducement to
swerve from right. They are not entrus-
ted with the decision of causes where the va
lue exceeds five hundred dollars. The in
| terence is strong that their integrity would
ses or great value were depending before
| them.
| is IT right, sir, that the judiciary depart
ment or this state shouldb denied the right
| OF Judging cases arising within this state,
| under its laws Shall the local laws of V r
ginia, be decided on, in Virginia, by men
not impeachable by the representative of
the people Virginia Can no man, or set
or men i'll this state be safely entrusted to
decide who is owner of one hundred acres
/ of lands lying in this state, and claimed by
la citizen of Maryland or North Carolina
! The Federal Constitution SAYS no; aud the
allegation is hnmiliating, and disgracefu
+, he effects ofpresent system are fraught
| with injustice to our own citizens. Aliens
and citizcus of other states i'll tine uaion are
enti ed to the like justice as our own cIti-
zens, and no more. The law now tavors
them, TO the injury of our own citizens.
A merchant of Richmond owes to a mer-
lchant of London or Philadelphia, a sum of
money above five hundred dollars. He
us sued III the federal circuitccurt The
merchant OF Richmond, being CT izen of
Virginia, is obliged to sue his fellow citi-
zenS who stand indebted 10 him, in the state
courts. The causes fInd their way to the
Court of Appeals, where they sleep for
years. Judgment is obta ned against
this unfortunate citizen In the fede-
raj court speedily /; Tor there is not a j, reat
number Of causes depending there.
The consequence Is, that although his re-
sources would have been equal to the pay :
ment Of his debts, had the like justice been
: rendered TO him as to Aliens, yet ne IS ruin
; ed.
Sir, there should be the like justice for
the citizen and the stranger. The pre-
ffa,.u a. l. =
5 encouragement to alien merchants to be.
come citizens. 1t is unnatural, unjust ant
I impolitic.
It is net sufficient to examine the evils
which have actually proceeded from the
exercise of this power. We should con
template those which may arise from it
should the general government come to b,
5 administered by men friendly to a conso
j l;dation of the states, who would extend a
far as possible every power granted by tn
5 federal constitution. They would urge tina
, as the constitution expressly gives the fe
I deral courts jurisdiction of causes bctwee
j citizens of different states, it was cxpedi
: ent, and for the promotion of justice, tina
u the federal courts should take COgnizanc
c of all such c .uses of whatever value an
: congress may, whenever they please, pre-
{ vide that the federal Courts shall have cog
, lllNdUCC VI I'll sum IduSISJ GiNnCE tOilCul
n rent with, or exclusive of, the courts of til
= different states.
d What causes, Mr.. Chairman, will the
Il remain to be decided in the state courts
i OnlySthose when the parties are either
c and inhabitants of the same state and
n part of those, the state courts will probi
&c bly, be deprived. It will be fctitiousl
e lalledged that one of the parties is cit
zen of another state. This practice,
has been said, begins already to prevail
: We may expect the gentlemen 81 Tie bs
= will favor it. 4 lawyer to whom your Ia
Is allows fftee1 shillings as a fee in II
y superior courts of law, will find it 20 his il
ltercst tobring his suit in a court where a rel
2 sonable s. adequate compensation is ALLOW
a, ed for bis services ) and he may be eXpe,
IL ted to pursue his interest. The mode q
it dopted in England to encrease the busine
sc Of the court of exchequer, will be adOptt
+ here 70 encrease the business of the feder
II, courts There, although by the consttut
re on of that court, it is restricted 70 caus
n relating to the revenue, yet on its BEN
r hctitiously alledged, that the plaintiff is
OF debtor to the king, the court takes juri
nc dicton Of the cause. Here II will be fict
us tiously alledgcd that the plaintiff is a cit
IN zen Of another state. a plea TO the iuri
ne diction Of the court must be put in Derso
ed ally, and on oath. The lawyers will ayr
an not to advise the putting IL of such a pies
" and 50 the federal court will be allowed