The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1878-05-02

to 1866 this act remained without change,
but in that year and since then il has been
amended 50 as to extend the jurisdiction Of
the inferior Federal Courts 10 the extreme
limit Of constitutional power. Every amend
ment has been TO extend the jurisdiction
of these courts and diminish and subyer,
the jurisdiction of the State Court.
The twelfth section Of the act Of 1850.
providing that, IF a suit be commenced in
any State Court against an alien, or bya cit.
izcn of the State in which the suit is
brought, against citizen Of another State.
and the matter in dispute exceeds s%* the
sum Of five hundred dollars" &c. by the
filing Of petition by the alien or citizen of
the foreign State the cause shall be removed
into the Federal courts. This section.
like section eleven, was but little felt at first,
as comparatively few aliens or citizens
availcd themselves Of the privilege Of the
statute. 1t was claimed lin Gordon ". Long.
est by the Supreme Court of the United
States, that the object Of ne statute was 10
have, in each State, tribunal presumed to
be free from local influences. This may have
been the reason, but the high authority from
which it emanatcs does not make it the true
reason. The judges OF the United States
courts are chosen from the bench or bar Of
the States and are no more eminent or learn.
ed than many that are left behind The
jurymen are chosen from the body Of the
people Of the State and are no less subject
to prcjudces against foreigners than the III
ries of the State Courts. If any prciudices
exist in this country against foreigners. it
arises more from national than local matter,
If one should assert, at this day. that the
Judge of United States Court would be
less prcjudiccd against subject Of Great
Britain than the Judge of State Court. the
author of such an absurd proposition would
be answered by laugh in his face.
Section twelve remained unchanged in
every essential particular until 1866, and
would not have practically done much harm
as amended if it had not been for the con.
struction put upon ii 10y the Fedora! Courts.
1t will be noticed that the Constitution of
the United States. and sections eleven and
twelve Of the statute of 1889, use the words
or phrase; when an alien is party, or
the suit is between a citizen of the State
where the suit is brought, and citizen Of
another State The language Of the Con-
stitution is plain and unambguous. The
words alien and citizen had. at the time, :
each wcll-dcfncd and wcll-undcrstood
meaning. The word 'aiicn" meant one
born in foreign country andnot naturalizcd;
and the word citizen" meant IN inhabitant
of the Republic or State who enjoyed the
rights Of citzcn--a freeman who enc
ioycd the right to vote for public officers.
This is the sense in which these words are 4
used in the Constitution and statutes Of the
United States, and they were 50 recognized i
and pronounced by the Supreme Court Of
the United States in several decisions. and
adhered To for many years after the passage
of the statute OF 1889. But the corpora
tions. not daring to ask admission 10 ~
Federal courts through the Congress cf the
United States, commenced knocking at the
doors OF the Federal Courts for admission
by the rule Of construction. Al first they
were refused the United States Supreme
Court in one case using the very strong and
emphatic language that Il corporation -grc-
gate created by State could not, IN any
sense, be regarded as citizen Of that state.
1t followed, as Il logical conclusion, that cor
porations could have no standing in the Fed
cral Courts under sections eleven or twclyt
Of the statute of 1850.
But the corporations were not 70 he driven
back by an absolute refusal, and they con-
tinucd their knocking at the door until, IN
the case of Louisville Railroad Company 10
Ietson decided in 1874, the rule laid down
in former cases, and that had been adhered 20
for nearly half a century, was reversed and
corporations declared to he citizens for pur-
poses Of jurisdiction within the meaning Of
the Constitution and the eleventh and twelfth
sections of the judiciary act. The United
States Courts have, since 1874, been open 10
corporations Of every kind, and they were not
slow to avail themselves OF the advantages
thus accorded to them. The result has been
that since that time, corporations sucl ~
insurance companies have used the law aN
m engine of oppression. They establish
Loo .t