Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-09
To Il Gents Single.l

ESPRIT he coyfis, will all tend to produce
this effect. j cannot, therefore, believe in
the superior integrity, justice, and impare
TALLY of the federal courts.
Give me leave, sir, to attempt to prove
that the state courts are more competent
than the federal courts, to the administers
ton or justice in all cases arising under thG
laws of the respective states.
Talents and application are necessary to
enable Judge to understand one code OF
laws A very able judge is rare chas
rIcter, even where he has but a single code
OF laws to comprehend. Suppose that in
the 18 judicial districts of this state there
were eighteen different legislative bodies,
and eighteen distinct codes of laws, annu-
ally changing, would not your general COURT
Judges have a formidable task to under-
stand them all, and to administer justice in
each district according to its laws Then
suppose your general court to hear appeals
from the decisions of each of its members
in the district courts and you have pic
ture of the situation of the federal judges.
! They will have to administer justice in 20
states, by twenty different codes Uf laws5
and tiien to revise in the supreme COURT
! each others decisions under those twenty
I codes.
Now, sir, if you expect from the federal
courts better decisions than you expecs
from the state courts; you must suppose
the federal Judges to possess twenty times
the capacity of Judges of the state courts
That the federal judges are ignorant OF the
laws OF those states whereof they are not
citizens, appears by the numerous questions
they ask of the bar, concerning the law and
practice of the state courts. 1t cannot be-
otherwise. The federal judges are require
ed to learn the laws of twenty-five governs
ments, which laws are perpetually change
ing, according to the will Of twenty-five lea
gislative bodies.
But we are alarmed about the compact
entered into between Virginia and Kentuos
Ky, on the erection of the latter into a state
l hope the clerk will be allowed to read
the third, fourth, * eighth articles Here
tho clerk read those articles; Req eodo
In. ST.
/ cannot see the least danger that the le-,
gislature of Kentucky will attempt vio.a-t
ton of those articles. Their citizens ho-d
their titles under the laws of Virginia, and,
should they attempt such a violation, 10
would give rise to a controversy between.
the two states, which if not decided by B
| commissioners according to the 8Jh articles
would be determinable in the supreme fcss
dcral court.
| We ought to decide this question with q
view to its effects on the general governs
nent, the gov crnments of all the states, and
the people, and not with view to the si-
Ituation of Kentucky alone. Remember
that by denying 10 Kentucky the right to
decide causes concerning lands within her
limits, you also deny to Virginia the right
to decide causes concerning lands within
4 her limits. Remember the Indiana claim,
which may yet be brought before the fedes
4 raj courts, To country inhabited by $4,000
Cf ,sffs. ~1F H.. IL
the heirs of lord Grcnville to large part
ofNorth Carolina and Tennessee Remem-
Der also, that an opinion has been enter
tanned that some OF the federa Judges
are not unfavoraby disposed toward such
iclalms; and you may see expeGiency in
the change proposed.
As to the interests of non-residents i'm tho.
lands OF Kentucky, | conceive they have
nothing to fear, unless it be sale for the
non-payment of taxes, or a forfeiture for
neglect ofcultivation. The first is a conse-
quence OF the ght of the legislature Of that
} state to lay and collect taxes. The second
they have by the compact an express righs
to nfiict. 1t is proper they should possess
such right; it being essentially necessary
to encrease the population, prosperity, and
power Of the state Non-residents may a.
void any loss, by doing what they ought to
> do; that IS, either cultivating their lands,
: or selling them TO others who will do so.
But shall we leave with the federal courts,
power over all the property in the unis
. on, a formidable and dangerous power.
which threatens to swallow up the state go1
vernments, rather than leave TO the iude Is
OF kentucky the power TO decide on me
claims OF a few engrossers of lands Ihope
not. hope we shall be governed by ge-
neral principles, and not by particular III,
4 tcrests.
1t is but justice to the general convention
D Of 1871 TO say that they had inducements
r 90 vest this pow, 10 tie federal courts,
which no logger exist Paper money, and
S tender laws, were in existence in some OF
= the states particularly North Carolina,
% and Rhode Island But the constitution
y having provided that no state shall emit
u bills of credit, or make any thing but gold
= and silver coin a tender In payment o. debts
y or pass any law impairing the obligation o.
u contracts, and the judges in every state be.
Il ing sworn tosupport the constitution of the
i u. States, there is no longer the same oc.
n casion that the federal courts should pos,
IS sess this power.
# I will beg leave TO add few observati,
= ons on the consequences which must una
il voidably flow from the retention b. the fc
j. deral courts Of power 70 decide causes be
S, tween aliens and citizens, and between ci
s. tizcns Of different states in other words
t. 60 decide civil causes, Of every description