The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-01


be relied on. Nttey are prefumcd TO be parti.
al TO their fellow citizens from local attach
ments. then they ought no more to be entrukel
With the deciion Of cauies under the value of
I'VE hundred dollars than with the decifion of
thofe OF greater value than hse hundred dol
lars. ~ that fpeces Of partially may operate in
cauies OF the one defcripiion as well 40 the O.
tner: But the rate judges are entrufed with
the deciiion OF caufes not exceeding in value
nve hundred dollars. 1t feems to be prefum-
cd that IN caufes of no greater value they will
have no fufficient inducemeut to fwerve from
right They are not entrufted with the decifion
| OF caufes wbsse the value exceede Eve hundred
dollars. The inference is frong that their in.
:, tcgrity would not be proof againit corruption
where cauies Of great value were depending be-
fore them.
Is it right, fir. that the Judiciary department
OF TINS Hate iiiouid be denied the right of jrdc.
ing Gales ariing within this ffate, under its
laws! Shall the local laws Of Virginia, be de-
cided on. in Virginia, by men not impeachable
by the representatives Of the people of Virginia
Can no man. or fet of men in this ftate be fafe
" entruited to decide who isowner of one hun
dred acres OF lands lying in this fate, and claim
ed by citizen of Maryland or North Carroll.
ma! The Federal Contribution Eays no and
the allegation is humiliating, and dfgrace
fol.
/ The effects of the prefent fyltem are fraueht
with injuftce to our own citizens. Aliens and
CITIZENS OF other ftates in the union are entitled
| to the like jultice AS our own citizens. and mn
more. The law now favors them, TO the ,niu.
ry OF our own citizens. A merchant of Rich.
mond owes to merchant OF London or Phila.
delPha, alum of money above FIVE hundred
dollars He is fued in the federal circuit court.
The merchant of Richmond, being citizen of
Virginia, is obliged to fue his fellow citizen,
who ftand indebted to him, in the fate courts.
The cauies find their way to the Court of Ap
peais, where they letp for years. Judgment is
obtained againit this unfortunate citizen in the
federal court fpeediiy; for there's not great
number of caufes depending there The con-
fequenceis, that although his reiources would
have been equal to the payment of his debts,
had the like jufice been rendered to him as TO
aliens, yet he is ruined.
| Sir, thsre ihould be the like iuitice for the
citizen and the arxnge:. The pscfent fyffem
prefers the ftrangcr. It ia encouragement TO
alien merchsnts to become eitizeas. 1t i. un-
natural, unjuf and impolitfc.
1t is not iufficient to examine the evils which
have actually proceeded from the excrefe of this
power. We fhould contemplate thofe which
may arite from it, ihould the general govern
ment cometo be administered by men friendly
to a Capitalization of the Gates, who would ex-
tend as tar as pof1hle every power granted by
the federal conltitu;ion. They would urge that
as the contribution exprefHy gives the federal
courts jurifdiction of caufts bet ween citizens of
different Rates, it was eSDedient, and for the
promotion OF juftice, thAt the federal courts
ihouid take cognizance OF all fuch cauf.s of
whatever value; and congrefs may, whenever
they peafe, provide thai the federal courts
ihall have cosniz.nce of Ill fuch caufes, either
concurrent with, or executive of, the courts Of
the different fates.
i What cauies, MIR. Chairman, will then
remain TO be decided in thr fate courts !!
Only ihoie when the parties are citizens and in
hab.tan,s OF the :an> fate; and os a part OF
thoe, tie fate cosirs will probablyb be deprived.
1t will be bttitiouly all-aged that one of thu
PartIesis citizen of another Rate. This prac-
tice, it has been iad, begins already to prevail.
We may expect the gentlemen of the bar will
favor it. lawyer to whom your law alows
fifteen AhilIings as feeinthe hyperion courts of
law, will hnd it to his iHterelt to bring his fuit
IN court where Reasonable and adequate
compensation is allowed for his ,ferviccs and
he may DC expected TO purdue his intcreft The
mode adopted in Englapdto encreaie the buff
| neis of the court OF excbcguer, will be adopted
here 10 encreale the buGnek ofthe federal courts.
There, although by the contribution of that
court, il is reitricled to eaufcs relating to the
revenue, yet on its being faticuGy aiIedged,
| e""t 'hS pfdi'A'H 10 Il OcOtOT 10 the king, thu
court takes jur!dieion of the caufr. Here il
will be fctitiou0y kiiedged that the plaintiff i,
citizen of another Rate. A plea to the iurif.
dic.ion of the Court NUT be PIT in pcrfonaIly.
and on oath. The lawyers will agree not TO
advie the putting 10 of fuch plra and 70 the
federal court will he allowed to retain iurifdic.
tion Of the caufe.
| | think have fhewn that the effects of fbis
power, given by the contribution to the federal
courts, are already degrading to the fate 90.
vernments and may leadto their humiliation.
Let US fee 1T this power is eGcnta "to efab-
lrih lueice and enfure domefic tranquility"
! The albeit advocates of the federal conftitu.
ton, have admitted that TIC power which Ken.
lucky feeks to take away from the general 90.
vernment, is ufelefs. EHere Mr.. Smyth read
from the debates of the Virginia Convention.
extracts of the ipceches of Mr. Maaitou. %. $40
OF Mr.. May(baH, p. 9s5; of Mr.. Rando!sb. q.
4o9 and of Mr.. PTndlst0a, p. sso-sss
/ lhis amendment was not originally pTopof-
ed by Kentucky. It was propofed by the
greateft, the mott enlightened body ever sf;.m-
hled IN Virginia the Representatives of the peo-
pie IN convention in 1888. Here MIR. Smvth
read an amendment propofed by the Convent
on, Debates, p. 474.
Thus It appears that the albeit friends of the
federal contribution have admitted this power
to be uielcfs. Some of them have admitted !,
TO be dangerous. And the people Of yrpini,
IN convention, have formerly propofed great
or dlm'nution of the power of the federal ;udi
cIarY, than Kentucky hae rn,r ,,.oooc.l