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sively on the virtue and intelligence of the people could long endure
after the people had become so corrupt, as to will, or even tolerate
such abuses of the judiciary, which, like every other department of
their government, must, on the principles of the supermacy of the
people, ever be a correct representation of themselves. But it
cannot be disguised, that there did prevail in the convention, not
only an undue distrust of the states, but a strong disposition to
place them under the control of the federal judiciary. Hence the
provision in the orginal article from which we have quoted, that
subjected a state, contrary to its will, to be arraigned at the bar
of the federal judges at the suit of a citizen, or even that of an
alien. this provision, it is true, was believed to have been ab-
rogated by an amendment proposed by our parent state, and adopt-
ed by the requisite number of the members of the Union. But it
is equally true, that the Supreme Court have determined, by their
constructions, that a vestige of it still remained, and have, upon
its authority, solemnly adjudged, that distinguished state to pass-
ed under their yoke. [Cohens us. State of Virginia, 6 Wheat. 264.]
The General Assembly do, therefore, fully accord with the Ex-
ecutive, in his opinion that this jurisdiction is unnecessarily and
improperly vested; and believing with him, that our state tribunals
may be made competent to the determination of all such contro-
versies, would willingly unite with our sister states in ratifying
amendments to the constitution, to divest the fereral courts of all
such jurisdiction. The Supreme Court have, however, determin-
ed, that they cannot exercise jurisdiction in any case,merely on
the authority of the constitution; but that the jurisdiction must
be given by statute also; [M' Intire and Wood, 7 Cranch 505] and
Congress has, by statute, conferred on them jurisdiction in causes
of the above character. The repeal of the acts of Congress
would, therefore, for the present, remedy the evil. In a proposi-
tion to repeal these acts, it is believed, Kentucky would display
an unanimity seldom witnessed on any question. It was by virtue
of thede acts, that the Circuit Court for the Kentucky district ob-
tained jurisdiction in the case of Green and Biddle, from which it
was adjourned to the Supreme Court, where the occupant laws,
designed to secure the bona fide occupant a fair compensation for
his labor, honestly bestowed on lands granted to him by the Com-
monwealth, and believed to be his own, are attempted to be an-
nulled. If, therefore, those acts of Congress had not been in force,
the decision could never have been given, and if repealed, our
laws may be restored.
These are not, however, the only laws designed to secure jus-
tice to the people of Kentucky, which have been disregarded by
the federal tribunals, in exercising jurisdiction under the act in
question. The Circuit Court for the Kentucky district, have held
for naught, the statute of this state limiting actions for the recov-