ir . i " -
r,.
- 7
FBIDAY, JUNiS 6, .ifjiri'
JVo, 1105.
FofV
the supreme court toothing questions of juris- appears elearly to have Wen hit opinion,that it if
diction were cited. JT'2&$ ''. " jneeelaryfr the circuit court,' between citizens.
2dc Because the plaintiff claim under a apeof different states: that due of . the parties tot
T
Tr tuburiptioA, Three dollars per yefc one ' feial and private act of the stete-of Louisiana, the toil should be aeitizen of the state where
t? w m..,..., ,Hriitin be.JPee r0BI SOTWWMHTffr OB P5
feranm
.SiXFi'W ?MfC?Wi: Hawkiu. follew! on
thrice for One dopwV foV twehtydfare teat ea tub- the ime ..'side.: iVv.'-: . : H:'' ;
qaeut insertion i ana in .km proporwa i Oo (fee patt 9f tnet piai0tifl, Mr. Urveies
rn- r - . . ' "
greater number itiwtorini, ad Mr. WittSton COltteoded
: 6t accofc' .Uiose-WOiB peron. - f n.. ifci In:!! .,thri .tin tLe
01.
' J .,nfiC. if th
p:ijn of the editor. - . .
subscription cvn anv case be receivea whhvj couni o i.ne vuneupijiiei, was uertvw .uituc-
could no more ahnae tban enlarga vLy
Thai by ti;e cOBStitulioii it was declared that
the julieial power of the United States, shall
extend t0 controversies ? between fcitizens of:
ffifiVretot states," and that the prceent-parties
at nnd in thte relation. . '
.That the riht accruing to the -plaintiffs
Vsder the eat ml ws a twit rsnwdti!
'7 . ' J . i , .,':
LAW INTELLIGiCe.
faOM TlBE ORLEANS. OAZETtE, MAY -1
Lou siana District, . . 'f sin anf'eburt Kavine;- jwUdui;fca-etiriii the
fhWHVH; parties: ' - ' . ., - s.
Wirt" '&Z.hiif!r&ton' 'and Fulton, vs.- John
'CromM;i,'ffcQrge'&hirasond others M ;
Last wetfc an incidental point was ruled in
aieriesof casei,whicsh have excited o4-h in
terest, endjnvolved a question supposed, and,
we believe justly, to be of great importance
to the commerce of the Btates and territories
.i the west, to the naviga tion of the Mississip
pi and its tributary eire-iins. We nave been
favored with a copy of the opinion of his hon
or Judge Hall, delivered iu one of the cases
iu question, which we take great pleasure in
laying before our readers, together wiih brief
ftske(cli of such proceedings in relation to the
g abject as we are acquainted with. "
In the year 1811 the, legislature of the theu
territory of Orleans, grantea to iessrsfio
thft t isnrught but there i a ease in which)
it ta not necessary in order to give jorwdzction,
that" either of the parties should be a citizen of
the state wjaere toe suit is broughtthat is the
jBjujfcjufciuucu miuo ittiier pari or, iu& nm
see a suit brought by an alien agaista;eit
Uea'woo ma be found in any istriet. Thus
wd-find that alt the parts of the llth see. of the
aei'4jre perfectly cSttsistent where ciiizeus of
ditTurc at states sue, one party must be a citizen
of tjjie state where the suit is brought, but the
alien may sue a citizen wheiehe may be found.
Let'pViask upon what principle is the lhw.so
esliWlshed ? The answer is obvious the prin
ee motive forgiving tiicfal JurrsdiotioM is,
taMfw-wTtenjr auf citizens froja loeal prja
MieHfttfl f o dinger of loitLl.prj-'
dtee waeraborfc parties are citizens of ktutea
otker tiea vhere the suit warosbt they are
''After taking Jtomo time to, consider upon the! both indifferent; and therelWAthere is no (Sail-
important questions raised at the -bar, Judgjger that the state courts Wttuld bA partial V
tall pronounced th following t . - either. But the coustituiion and law appre-
' x DECISION: . I hend partiality where one of the parties i3ac.it-
This is a motion discharge the bail ordet; izen of the stattf where the action :s brought-
ed on this ia8eon the sround of want of juris
diction and for other cases. . If it shall appear
in the. course of the examination of the subieel J -.-this privilege is given to hiiH solely urrt
all dU-fl score of his . alienage ; to satisfy foreign natio
that the court has no jurisdiction, I sha
miss the suit. - ; ' . ,
It is contended, that the l lth sec. of the ju
diciary act gives this court cognizance of ct
ses between citizens of the different states, !f
ly where the suit is between a citizen or te
state where the suit is brought, and a citizel
of another state the plaintiffs aud defendanis
are eitizena nf two different states, but neither
Wt a. Livingston and "Robert Fullon, tbeir, are ciiizensof the state ; it is therefore Tco?i-
neirs, &c. the sole and exclusive right and;euje(j tj,at tjji, action cinnot bs
maintainel.
In answer to this, it is said, first, that in tae
same sec. it is declared, " that no civil uit
shall be brought before either of the said courts
against an inhabitant of the United States in
JM111 IU "UllMj IWM J '
vigate all and every kind or speeies of boats
or vessels or water craft, which iny be uged
or impelled through the water by the foree of
fire op steam, in all creeks, waters, c. witti-aovoher distriet than that whereof he is an
iu the jurisdiction of the said territory, for and) jljuabitant, or in which he may be foand at the
during the full term at eighteen years frooijtime of serving the writ :"' from which it is in-
f erred that any inhabitant ot the United States
may be sued wherever he may be louud. It
is said secondly, that the Constituiioii of the
United States having declared that " the judi
cial power shall extend, to controversies be-,
tweeii citizens of different states," cong-ess
had noright to restrain or limit the jurisdic
tion, and this eourt may exercise ail the judi
cial power granted by the Constitution.'
I shall consider the second point first.
and afier. the i s"f day of January then'fiext en
ruing " To this grant certain conditions were
anncxedt which the grantees' were' required to
comply v;ith : and it was provided also, " thati
any person or persons, whosoever, without be
tnu properly authorised by the said Living!-
tuu a. A Fulton or their heirs r &er w ho should
nuko use, employ ot navigate any boat or wit
ter craft, which should or might be urged, &c;.
taroasjhthe watar by the.rorce of it lor s'.eamr
and therefore give the federal courts cogni
zance of the cause. So in the ease of uu ulien
he
ions
we declare, that an alien may sue .in lena-
tionnl eourts auy of "our citizens wherever they
may be .found. From the above reasouiug it
appears ta me that the spirit of the constitu
tion i complied w ith in the grant of jurisdic
tion to the eireuit courts. X'ousrresiJ has (riven
cognizanca of controversies between citizens oil which arts, imentioun and science, become the
of British eapital, and by v?bich the eorintry has :?
been largely benefited to participate in pro ' .
rooting the interest of the manufacturer! I tba(, f
he is also assisting the independence -of hit '" "
Country if he Will' help to .close those profitable
channels ! of foreign cei4rVv'whici'.fr;? '.
produce comtnauds a high price abroad, and we
procure articles wh.eh superior kul and capi
tal can afford' at a low rate. In fact io sell ? 1
dear, and to purchase cheap, is ruinous eommer- r
eial policy with a certain class of statesmeO
and one whicb.ealls for legislative interference. "
We hope, and expect, thai Congress will not .
be hurried, by the clamors of .interested per
sons and their partisans, into measures which
wiH prove especially 'injurious to the gceat sta
ple the souf berp States. What was known
to be a bazardou ipeeulation, fostered bytem -
porary ctrcuinsttflces into unnatural "tnatnrity,
ough; uot, we to&ceive, to be eoUsideeft af the
liepftjaqpirvt intercntof it pvpajatoB sfentu!lj?
agrtehttrra ir:
nges to eiwef-' ' ' ''. ' ! - .
But tbjjjsreatest fallacy in thet. argument on 11
this subject rkositS ia this' that manufactures
make us really indepeudeut. Now, of ail ah;
surdities, that of supposing nation to legislate
in order. -to prsmote commercial independence
in a ctimmertihl era, is the greatest. It is a
miserable sopbUm, founded on the misapplica-
ion of a term. We1 are as fopd of Independence, .
iu a political view, as any of those who so laV
vishly abusoYSse word. But what sober poiiti--cian,
what ftirnd jo human ifflprovement could
wish for such'ia reujt, (if feasible.) as that of
insulating nations fr om each other, cutting off
that beneuceut intercourse, oy which tbey are
humanized, aud their prejudices weakenedby
different states confining it as they certainly
uiiu .a rigni io-.oo, 10 snen eases as werecon
tlmplated by the nstitution--that is lo cates
where there would be any danger arifing from
the influence of iocal laws and prejudices.
This not being such a one, it is uot included in
the grant, and this court deriving its jurisdic
tion immediately from the judiciary act., can
not take edghizaure of thi case
POLITICAL.
wife
FKOM TMB (CHAKESTOn) sdCTHEKS 1'ATKIOT,
A It.pabi.ciin paper.
It will aeVer, we believe, cease to e matter
of astonishment, how slowly truth ir aken its
way against selfish views and absriird pfvjudiees,
ail over theuniverse. We widely diff r, in fact,
with those philosophers, who ussert that meat
of the uncartainty of moral and pclitical reason-
ejarisde!Ajo of said tgrrittrll'eoWiLv T anurt "ivln i
'j i r,j cup, iuiicu aaupay u. 0j tbe judges or the United States, ever since
Livingston and Fulton, their htirs, &?. the formation of the constitution and judicial
r;C0O dollars, and should forfeit io the said laws, that excepting a few cases of orinaZ j.i
uvipgslon and Fulton, all such boats or water risdietion, given the supreme eourt by the eon
craf: together withlheeteam engine and all ap, stitution, thedisposal of the judicial power bo
paratus thereof." longs to Congress. This is the languafjo of
Lnuer this prjvilege Messrs. Livingston and .fudges Elsworth and Chaso :n 4th . Dallas.
l?uItonf .inthsyear 13t2, commenced runniug . if Congress has given the power to this eourt,
stiam-boats en the Mississippi, which ihey'we poshes it not otherwise ; and if Con-ross
have continued saccesstuilv ever since hat- ks irn tt nnwor tn this n , Ui, t ln r': m.-i.t t.f Dii,- rf.firin
sliIL remains. at the .lecislativei sous "r ;t aacsr seem, tliertf.)re. to Le t:te uui'J-
guaye. interest gives a fatal obliquity to
our views, on all questions- vvhieh e;r so re
motely (Tect the individual "welfare or prospe
rity of the species. Oo what-)iierpinciple,
can be esplaiucd, the revival of doetrni? , from
time to t.fie, which it has been supj;,.i-d have
been forever cist among the rt:b'jHh f anti
quated error aud pernicious apini.i.-i ? Wiiy
is it so d!Jticult tr. Oriti ;
not wit hoot rivals, or free from interruption or j otberoijrt, it
.interterenceo ne enjoyment ot the exeJusiv-; disposal."' Besidescongre.ss is not bound, Uerable destiny of huinan-nTt'etoeve loiF
rrivileg., wlicli they derived from the territo-i BUd it would perhaps be inexpedient to enlargd lever in the same eircleof error and abMinlity :
rv ef Orleans, andwhich thpv now bolt! umlorldo :...;,.i;i;n ti.o r.juroi .1,,,. i (i,..nnn.rd t.. .... ..r. '
the state of Louisiana. About the time or sonn
afteirthrtime when Mess 1 he iibt of philosophy t:as ac-
ui,uu uuuimcuvru iucii operauoiis, several judicial power ot the United . States could be
icam-uuai warv, oum upon me wesiern wa-; exe reined. tjJ3y the constitution congn sshas
ters; and in the necessary course of trade found; pjwer to establish tribqnsjjjneriori I lie Su-
their, way to New-Orleans ; there they wpre
denounced as intruders by those interested iu
the privilege of Messrs Livingston and Ful
ton. To these uncourteous. denunciations the
Strangers of the west answered in the, tone of
defiance, aud immediately the artillerv of the
jhar iwas marshalled on the fides of the retpec.
tfve 'combatants. For some time the contest
was' carried on in the state courts with vari
ous suceess j from thence it was .recently re
moved to the United StatVi court, where the
defendants in the present action, witfriseveral
others, were prosecuted for the penalties accru
ing under e privilege, and ordered to be held
to bail -some not being abje f.o find security
were confined.in prison.
It was moved that the bail should be feleas
eu in the eases in which it had been eiven. and
...mjutu ui mo uuniuiinii as were in prison,
uootu on aisenargeu.
. . . ' ... .
".as tne points taken by the counsel for the
parties are examined by the Judge, it is unne
cessary to detail their arguments at length.
The ese on he part of the defendants waS
opened by Mr. Dick, who contended tjjat the
court had no jurisdiction.
1. Because neither of the parties are citizens
of the state in which the suit is brought: the
piamtiBs deelanng as citizen of New-York,
and the defendants beini? dpi"inta,l
of Kentucky.
That this poiot depended oa the constitution
nnl I..... .flk. 1Tn:.-J Q.. .... .
iu v uiicu omieiiiie - limits of
it ! I . . j! t
me juuieiai aumoniy which thev mav ordain
and establish are designated in the 2d see. of
toe 3d art. of the constitution. But as the dis
trict and circuit courts owe their Organization
, so they derive their powers immediately
.from coneress. Their authoritv beine thm
limited the judicial act must be soughfln order
to cetermine its extent, and ascertain its boun
daries. Bv the llth section of that apt tK
suit . courts have original cognizance of civil
suits in three cases only. 1st. Where the U
?jted States is plaintiff; 2d- Where an alien
w a' party ;.and Sd. Where the luit ia be
tweena citizen of the state Where the suit is
oroirgnt, and a citizen "uf anothp atato. In
vjjport ot these positions, alt the decisions of F
prcme court, aud the jddieial power is vested
iu the supreme court, and in such iuferior courts
as congress may from time to time ordain and
establish ; but the whole judicial power is not
given to eacii court ; portions of that power are
to bo distributed to the different tribunals that
may be cstablisficd-to parcel ont the power
is the duty of congress, and the particular ju
risdiction, So dintnbuted to the particular
eourt, is the only one that can be expected by
it. , Cougress has performed this duty asfar
as it has deemed it expedient to use the power.
In the case of Bolman, it is stated by the chief
justice, that it is, incumbent on the counsel, m
order to maintain their motion, to prove that
the issuing of the-writ of habeas corpus is an
act within the powers of the supreme court in
its original jurisdiction jlhat is, the power di
rectly given tn it by the constitution or that
in its aypellpte capacity, the power is expressly j
given by the laws of congress. Now as it is
not pretended that this jurisdiction is expressly
given to the circuit courts exclusively, by the
constitution, it would appear from the reason
ing of the chief justice, that it is incumbent on
ctimplislied all," iu this view, it is ever ulto to
i -n.niHoMhe species.. All the' facts of human
tiatufe have been generalized, and thcewy has
ad'vatived very far in the explanation oi most
ditheult plieuoiiiena. Yet questions .mi urOrala
common property of ail ; and some political
sympathy, at If ast, is established between the
mo6t distant parts of the worldsThere has4 in
fact," been marvellous magic in this word inde
pendence, and it is yet expected to work more .
than eomcion ponders, by beirg adroitly play
ed off in subserTieUeejo private inferest. It is
the shibboleth of the' party employing it but
the good sense of etir represenlatives will not
permit them, we hope, to sacrrBce'the psrnia
uent interests of the common wealth", to views
which falsely assume the name of patriotism. ..
FROM 1U CAPE-TEAR RECORDER)
"'' A BeWiocratic print. f -
Cobbett.n .'the Fayctteville American of
the 22d instant, &re some remarks on a few ob
servations madehy us concerning W iiliam Coh
beU, and cnietltng explanatory is desired oa
the subject. TJaa the Ameriean refefred to
jo.c of .i turtle iiiikiWCiTwi eoiu,.,
the efTerveseuce of feeling expressed by us would
not Lave" been considered sudden or unexpected.
At the time CoLbett proposed to publish bis Re
gisteriiLAniericaf we wade a full statemeotof -the
vie.vs.eateriained by us of that affair; and
we did not run with the current in his favor, be
cause we doubted bis integrity. The American
is right iu not believing that " sympathy for the
principles of Lord Ca9tlereagh," could have in
fluenced us io " fight his lordship's battles;" for
the readers of the Recorder well know our o
pinioTFoTHiTreB fit isb" go? eriiBneh and the-'Brif" ;
ish ministers. But low can ocr disapprobation.,
of Cobbett, bo toutri.ed mto a partial" w coali
tion with the British Stars atid Garter8?";Must
we forever jumble the politics of foreign cations
with "that of oiiriwn ? If we entertain the
highest approbation' for Lord Castlereogh,
(which is nat admitted) bow is this circum- '
stance to deprive-us of thehonor of possessii.g
American. leelingf or what connexion ean it pos-
--.oii legislation on goverrient'-on theVights ! sibly have with ' opinion's of the political charee
ot majiKiiKt, are stilt Uebatod with t.',: sait.e terotViiham- CytbctU :V
pertinacity the same nientui
same obstinate deyotiaa to prejudice,
nrst momeni mey were propounded.
ii i i)
e would tever apr
-iheipliu"'d;Vco'uidrel because he atosed a peisonal
tiH;ineriy : nnd whv tou;d we. approve or coo-
Hiett eeeause ne oiacKiruaras .i-ara uasiitrcegu,
the plaintiff to shew that it is given by some
act ot congress, in the case of bera ys Pitj
ot, the chief juatice iu reasoning on the ques
tion of jurisdiction in the Orleans district court,
mentions some of the eases in which thi rirpnis
eourts of the United States have jurisdiction,
and of what eases the circuit court of Orleans
would be deprived, if the restricted construction
of the aet of- congress, establishing its juris
dietien, should prevail. The circuit courts of
the United States have cognizance of eases
where anen is a party, or the sail is be
tween a citizen ' of a state where the suit is
brought and a citizenof another state; the judge,
observes u the Court of Orleans would have no
jurisdiction of a suit brought by or; against a
citizep of one state .against the citizen cf a
nother state because neither party would bea
ktwei yj we, state in .wnicn iae couri ,,5.
Bat this would not follow according tothe re a
L a . " ' . ma'' . - ." 'a 4
soomir oi ine-piaintm's counsel, it not oeinsr
essential, they eoatend, that either should be
a. citizen otthe:-state whef th court-sits.
To niake aii applieatiou of these Bo'i.'eifci-r.-'and the British S-ars and Garters ? -There
mirks,' and to their. illustration, we.a.c Lound we'-'-mBy-'ieasous-vihy.'-Sva. should not admire
to notice the obstinacy with which 3i:.u i-mei;, Mr. Cobbett. and there are a few, and we think
in both Europe and America, still elii.ff iv the Ivery suhstar.st.r.l ones, why we 'should cot ire--
principles that cfiaractenzed the uierci;jlue po
licy of iguorahf 'age, and which have, teen
lonsr since discarded from the reasonings nf all
enlighteued ceeonomists. Mr. Broushm ae-
eases the present ministry of Great Britain, of
making such opinuns or tents, the basis u'. their
comuMTcicJ policy ;' anuV'tbey hav e been brought
ia as ftjtlilanca by one class of oivT pnlitical
v. ritel-s,' in that warfare(of the pea tli.-y have
some iiine sinee waged, on the policy of forcing
our maisufictures. . Ji balance of iradei realiz
ed in ike pr?$ious vice's, jsloiind doctrine Willi
these liberal -cecondmfsts, and which they hov;e
dragged from the obscurity in which it had
slept for ajioiisiderable time, to enjighteu all
classes ot our eomniuciiv orj tlie meaiisf pro
moting their true 'interests.
The Southern Fiaoter must feel himself ex
cessively consoled, when, he is told by ihU class
of writers, after having'beenrestrieietl iu a
market for-his produce, and sold it for much less
than its actual worth, aud when he is obliged to
pay, perhaps, twice the value of the fabrics with
which lie clothes himself and household (hat
all this is for th benefit of a balance of trade ;
to keepour cash at home, and ultimately to draw
that of other nations lo our shores that he ia
promoting: the independence'' of his country,
wuusi no is, in iaei, losienng me lo.eresis oi a
few large capitalists, whe having found, "du
ring the war,. 'manufacturing, a profitable in
vestment of capital, are desirous to keep up their
establishments, by persuading' all patriotic
citizenilo take their artiele at' monopoly pri-
cest. - , :
fy detest acd despise bin. When he "formerly"
resided ia America; he was the avowed enemy
of our constitution, laws and government the
slacrierer of our il!uiiricus Jifftron, and ma
ny other worthies. Who had been conspicuous
in establishing nur icdependeiiee, and preserv
ing unBullitd le sacrid purity of uyr lews.
His remarks were deficient 'n decency and
truth j" his latguegf infemcusly .'foul and n'nf
mannerly, and his' general 'deportment sacb' a'i;
draw upon him the jtist abhorrence of the Am.eir ,
iean people. 'But it is said h"e Lasmade amends .,
that ho is' now the friend of America. Are
wo to tnke the fulsome flattery, which he has
lavished oh' our country for a few years past, as
a pledge of his friendship f No at least We
ought hot to do so, ' llis designs haye been ioo
obvious, tn escape the perception of any man
vh will reflect on the movements of himself
aud family, A man who ca foresee events, so
well as he professes" to,-and for which his long -K
experience jias-Uuquesj.pnaBiy quaiiiic-iii2
- In the same manner,-na doubt, "the merchant
would fin 1 it to he bis interest to throw up the
: 'extensive credit which he now enjoys fa the tae i
lair -
would foresee the -tieeessiiy-of providing for htf .
sons, his nephews, and bis eousins. Hewi
knew that his treasonable Writings wouia eventy
ually compel him to fly to his country, and thatf'
uo eonntry opened so fair a prospect of aggrand-., ' : 1 ...
jzi'ng his family as the United States": But the
temper of the public mind in America, so tvi-'
deatly against him, must be softened by a few i
years flattery and praise." lie felrthc pulse of
the people, and it beat in uson with ihii. wish- .
es." The New-York Register obtained exten
sive patronage ; and the time, has come for put- 1
ting into-fujt exetation a plan wnicn - has, so
doubt, been meditkted for yearaT"?T,fffr7
.ut aaysujhe AFierican7'lf would be well to
I l5E V0UK1H FAUE.J
'M
.'rii
'
1