Memoir Correspondence And Miscellanies From the Papers of Thomas Jefferson V

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Memoir Correspondence And Miscellanies From the Papers of Thomas Jefferson V
Tj Randolph
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And was there ever a proposition so plain, as to pass Con- gress without a debate ? Their decisions are almost always wise ; they are like pure metal. But you know of how much dross this is the result. Would not an appeal from the State judicature to a federal court, in all cases where the act of Confederation con- trolled the question, be as effectual a remedy, and exactly com- mensurate to the defect. A British creditor, for example, sues for his debt in Virginia ; the defendant pleads an act... of the State, excluding him from their courts ; the plaintiff urges the confede- ration, and the treaty made under that, as controlling the Slate law ; the judges are weak enough to decide according to the views of their legishiturc. An appeal to a federal court sets all to rights. It will be said, that this court may encroach on the jurisdiction of the State courts. It may. But there will be a pov. Er, to wit. Congress, to watch and restrain them. But place the same au- thority in Congress itself, and there will be no power above them to perform the same office.

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