The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-12-19

inc reasons OIL WINCH the OPINION was origi-
tnally given, why an action of 2resi.e.
should be deemed a local Action.
Time may have cass a shade over the yea
sons of many maxims and principles s.yct
they are principles and maxilns much l. be
lfespecteC.-But To me some appear to be c.
udent tor instance inShis action the title
and bounds OF land may come in question <
who so proper to decide on them us ones
| NeiShbors who are so much better act,uainr-
ed with each others lines and every thing
else which may lead to fair decision In an
| actlcn OF this Kind it may be necessary to
| direct Survey and lay down the prctens-
| ons Of both parties for the defendant has a
right to show in himself better title and
defend himself on that title. He calls for "a
direction from the court for this purpose *
II II goes at all, 1t mustgo TO an Officer 20 car
ry his Posse tn remove force, ;fany should be
offered. And suppose tho Sheriff an,; Jury
should denythc power of the Court,c; they
be cocrced /? Andis not this an undeniabie
proof OF the want of Jurisdiction ; stree al
though we should sustain the cause i'm court
by sort OF violence against principle, we
should not be able TO colnplcat what was be-
gun! The law never sanctions a vain thing
How vain therefore TO begin what we can
not end is not this enough to show the
locality OF the action & the consequent want
| of jurisdictioni
| shall not attempt to travel up to the time
when both real and personal actions were
local. This has been sufficiently done (though
perhaps not necessarily by the Gentlemen at
| TOOK place between local and traasitoIy ac-
tons. 1t is enough to say that notwithstand-
ing TINS distinction, the action for Trespass
QuGre Clausnm Fregit still remained local
& Is so held to this day. The Jury of the vi
cnage was & still is a valuable privilege in
both cases-May it not be true that when
". b. had emancipatcd herself from her in
sulated state ,fgurativcly speaking, by sprea-
DING her canvass & carrying her commerce
over every cline and every region, ths
change, this distinction soon followed after
1t, SO as to give greater energy to the trans
| actions between man and man therefore. by
u notion IN law suffer transitory action to be
maintained any where and every where in
which contract could be made.
But some how or other the Court must have
jurisdiction OF every cause it attempts to sus-
tam and can conceive no better scheme
than that which is pursued, of giving the
Sourt jurisdiction by fiction in transitory
acuons IN this way /; that contract, for in
stance, was entered into in New-Orleans, to
wit, IN the City of Richmond, between the
parties (not traversable but in case of iur1s-
diction,) from which City or the County in
Which the City is, the Jury must come. /
say must be supposed to come, notwithstand-
ing the Act OF Assembly which requires the
IDy-standers to be summoned, for they are
OF tie Comfy or Vicinage; and this Act
saves the necessity OF Venire faciaS in eve
ry case. the Venirc therefore is indspensi-
bic in my opinion to show Jurisdiction.
Again well recollect case of Waste
brought IN the Petersburg District Court,
when the County of Grcensville was suppo-
posed tomake one which composed that Dis
trict. The cause went on to trial. & a Yer
dict passed for the Plaintiff, without it's be-
ing observed that Greensville belonged to
brunswick District ; but at length the De-
PENDANTS Counsel found it out and moved in
arrest OF judg mcnt; but the Verdict was
sustained, an Appeal was taken and the
high Court OF Appeals reversed the Judg-
ment, because, it being local action, it
ought to have been instituted in the Distric.
wnere the 1respass was committed, over
which that Court alone had jurisdiction
Notwithstanding Verdict had passed, upon
the general issue, & it often has been deter
mined that no consent Of the parties bv
TIER pleadings could give jurisdction-
Various are the causes which have been e.
termined in this countryin support of the doc
trine laid down inIths cause, & not one to the
contsaryl venture to affirm car be reverted
to-. WHY then attcmptto alter this settled
principle Has any statute been passed in
TINS country that in the slightest manner dis
turbs the uniform decisions ? The case
have referred to was between Gait and
Thwcatt; < Town is strong one ,as the place
wasted and recovered tsas to have been de-
llvered up and the Court had no power to
enforce the judgment.-But have given
| reas ms enough to shew how Inadequate would
be the power OF this Court to carry on tie
cause before us and enforce the Judgment
1t seems clear then, that where title of
land is In question, the action must be local.
notwithstanding, what may be and has been
said OF contract to convey land-I well
know there is legal and moral obligation
'.n every man to perform what he contracts
perform and this among others is a rea-
son why all action personal should follow
person wherever he might be found and there
rise in Judgment against him.
| upon the ground taken, so far then, the
action Cannot be maintained i'm this Court ;
but the ingenious Counsel, never at a
loss Tor argument and new matter, has re-
lsor'cd to what he calls the General, the u :
niversal law. Now, j want to see this untlc-
fined law before | can sustain a princ;plr
under it. suppose what is meant by the
lGcDeral o. Universal law is the Law OF Ma
turc and Nations and who vet has been a =
bic to find where the Law of Nature has
ldefined what civil action is, or directed the
mode OF proceeding i'll it, or in what court
1T should be brought;-Ibese are high
sounding words, indeed, but they oniv
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