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

ihall now, after anfwering one arsunen,
/ OF the gentleman from Dinwiddie, take my. feat
under hope that the mind of this committee
will be awakened to this fubjea, and that il will
meet with difcufion COMMENSURATE with ts
| magnitude. 1t has been Rated by that gentle
man that great inconvenencies refut to the
lpeople from the prefent Establishment of the
federal court That they are dragged from the
remoteft parts of this fate to attend the fcfIi.
on of the federal judges in Richmond or in
w Arlington. But let me ak that gentleman,
what would be the htuation of things, If thofc
cautes which are now cognizable by the federal
, court were tranilated to the ftate courts
What would DC the fituation of a citizen OF YER
mont who had claim agaiuft citizen of
, Georgia He would be compelled to travel
from the northern to the fouthern point of our
Continent to attend to the profecntion of his
claim-At preicnt the feiIions of the federal
courts are held in every fate, thus are accefible
to every NEUTRALITY-SUSPICIOUS. the amendment pro-
pofed by Kentucky and you put it out of the
power of great majority Of the people of the
union to pay perfonal attention to their fuits.
The reafons which have urged induce me to
ifubmitto the committee the following refolution.
! (This retolutioH declared it inexpedient at the
prefrnt time to adopt this amendment.)
Mr.. Lindsay was followed by Mr.. Smyth (of
! Wythe.)
/ NIE. CHAIRMAN,
Every ropofal to alter the contribution of
the United States, ought, before il is adopted,
to receive the mott ferrous confederation No
change ihould be made in that important com.
pact that will endanger the peace, and tranquil.
| lity of the uIion.
| Bat the trainers of the contribution were
themfelves fenfble, and the whole nation have
declared, thatit was defective and fundry al
teratoas therein have already been made. And
II there remain any powers grated by that in
itrunent, which are found unnccefiary to the
general government, or injurious to the 60
vernments of the fates, they ought to be taken
away.
Kentucky has complained, that the power
given to the federal judiciary to take corni-
zance of fui's in which an alien is a party, or
between citizens of different Rates, is Injurious
TO the tate governments, and to the people
Some of the other fates have agreed with her.
1t certainly becomes the. legislature Of Virgin
Ia, who have often propofed amendments to
this contribution, to confider this propofed a.
mendment, with refpeet, and deliberation.
| 1t there remain in this contribution any i'm
perfection, propofed changes could not be dit.
cuiitd al more favorable time than the pre-
TENT. The public mind is free from agitation ;
and the determination which fllall now be en-.
tered into, will probably be that mott favorable
to the preiervation of public liberty.
VIII beg leave to confder that power given
by the federal contribution, which the legislature
OF kentucky prOpoir 1,aiI be taken away, both
as it is now actually exercifed, and az it may
be exercifed hereafter, fhould the general 60
vernment come to be administered by men de.
irous to extend 10 the ntmol federal power.
| In paihng iawsto carry this power into cx-
ecutioH, Congreis have been moderate. They
have by no means extended the powers of the
l federal tnnIrIarx far
might have done. They have provided that the
circuit courts of the United States faall have O.
riginsl jnriid'ction, concurrent with the fate
courts, OF civil fuitc y-I.erc all alien is part;
p6''''ff or defendant, or where a citizen of 2
Rate. other than that wherein the fuitis brought,
is party plaintiff or defendant, and the mat.
ter IN dfPute exceeds the value of five hundred
dollars And if citizen fues in court of his
| ftate, an alien, or a citizen of another fate,
where the value is above five hundred dollars,
the defendant may remove the fuit into the fe-
deral circnit court.
HAIL attempt to prove, that according to
! thoie provlilons one half of the fuits arifins
within TINS Rate, where the value is above five
| hundred dollars, may be brought in the federal
circuit courts.
There are among us large number of aliens.
with whom, as we'll as with aliens re6dinu A.
broad, our citizens have many CONTRACTS. Our
citiZens nave alto many CONTRACTS with The citi.
Zens OF the adjacent tates. II becomes neceC.
fairy to examine who are citizens of Virsinia .
Fort am not in an error, great numbers of
the inhabitants of Virginia are fill citizens of
| other ftatcs; and fuits between them and citi-
zens of this Fate, may be brought in the fede-
raj circuit court.
III citizen of the Rate of MARYLAND come,
into Virginia, although he is entitled to all ,be
3riviisge5 of citizen Of Virginia, yet he is i
| citizen OF Virginia. He 10 aill citizen of
Maryland. If he niould be fucd in this ilate
in fate court, by one of our citizens, for a
debt above FIVE hundred dollars, the law of
Congrcfs authorizes him 10 remove the fuit in
to the federal circuit court. cannot diff over
that remaining in Virginia for any length OF
| time would diyeft him of the character of ci
| tiZen OF Maryland, and or his confeouent right
| to have fuit between BIN and citizen Of Vir.
gina tried 10 the federal court. Should be take
the oath OF allegiance to Virginia, and allure
all allegiance claimed by any other fate, he
might then ceafe to be a citizen Of MARYLAND.
and loote hisright to fue citizen of Virginia in
the federal circuit court.
| 1T i am correct in this fupp fition, probably
a fourth of the inhabitants 6. Virginia. three.
foarth; of the inhabitants OF Kentucky. and
nine-tenths of the inhabitants of Ohio, are citi.
zens of other fates.
~ will follow that according TO the prefcpt
| fyttem, one half Of the fuits in Virginia, for ,
value greater than FIVE hundred dollars, NAV he
brought in the federal circuit court. The con-
troyeriies that ihall arifc in Ohio, TenneGee,
L IL n