Aristides asserts, "that the inferior federal courts, and the State
courts will have concurrent original jurisdiction in all the
enumerated cases, wherein an appeal lies to the supreme federal
court, except only the cases created by, or under the proposed
constitution."—By the second section of the third
article, "The judicial power is to extend to all cases, in law
and equity, arising under the constitution, or the LAWS of
the United States; and to all controversies between citizens
of different States, and the citizens of any of the United
States, and the citizens, or subjects, of foreign States"; and
by the eighth section of the first article, "The Congress are
invested with power to levy and collect taxes, duties, imposts,
and excises; and to make such laws as shall be necessary
and proper for carrying into execution these powers."
Aristides contends that a federal officer, say an excise
officer, may be sued by a citizen in a State court (I suppose
any county court as well as the supreme court) for an
abuse of his authority; and with confidence he asserts,
"That no sound lawyer, of a good moral reputation will maintain
the contrary opinion"; and he treats with supercilious
contempt the objection of want of remedy in a State court,
and a trial by jury for the citizen against a federal officer,
for an abuse of office, "as a ridiculous bugbear, fit only to
alarm minds on which no science has ever dawned." Is it
not evident that the jurisdiction in the cases above-mentioned,
is expressly given to the inferior federal courts, with
an appeal, both as to law and fact, to the supreme federal
court?—Is it not clear that it was intended to keep the federal
and State jurisdictions entirely separate? Were not the
subordinate federal courts established to protect the continental
revenue officers from the State jurisdictions?—If an
action would lie against a federal officer in the State courts
would it not blend and confound the two jurisdictions, and
that too without any appeal from the State courts?—Is not
the supreme federal court superior to the State courts? Is it
not superior to the bill of rights, and the constitutions, of
the several States?—If the State courts have concurrent jurisdiction
with the inferior federal courts, that is, if any suit of
which the latter has cognizance by the new government,
may notwithstanding be instituted in the former, is it not
self-evident that there may be different adjudications on the
SAME question; and if decided in the inferior federal court
with an appeal, if decided in a State court without any appeal,
to the supreme federal court? What would be the effect
of opposite decisions by two courts having concurrent jurisdiction?—If
an action is commenced in a State court,
Aristides thinks, and justly too, that thence there is no appeal
to the supreme federal court, but only to their own high
court of appeals, as heretofore. With confidence he maintains
that as the jurisdiction of the State courts is not taken
away by an express clause, or necessary implication, that they
will still have cognizance of those cases of which jurisdiction
is given to the inferior federal courts. The Farmer believes
there is not another lawyer, or Judge, of sound judgment
in the law, in all America, that entertains a similar
opinion.—The Farmer is so bold as to hazard his opinion,
contrary to that of Aristides, that if a citizen of Georgia, or
subject of Great-Britain, has any claim against a citizen of
Maryland, or if he has any claim against them, that suits
in such cases, after the establishment of the national government,
can only be commenced and prosecuted in the
inferior federal courts, because the State courts are ousted of
their jurisdiction of those cases, by necessary implication,
from the obvious motives for the establishment of the federal
judiciary, and the evident absurdities that must flow
from a concurrent jurisdiction in the SAME cases. Is it not
absurd to suppose that the national government intended
that the State courts should have jurisdiction to decide on
the LAWS of the United States, whether consonant or repugnant
to the national constitution; or whether the federal
officers abuse their authority?—And yet the grave, the solemn,
the didactic Aristides asserts, "That every State Judge
will have a right to reject any act handed to him as a law of
the United States, which HE may conceive repugnant to
the constitution." How perverted or confused must be the
head of that man who can seriously entertain so ridiculous
an opinion! He can never claim from his knowledge of the
national, or any other government to be one of the Judges
of the most inferior of the inferior federal courts—Risum
teneatis. A puisne Judge of a petty State (of Delaware, or
Rhode-Island) to have a right to declare a LAW of the
United States VOID? Will any sound lawyer, his moral reputation
out of the question, risk his legal character so far
as to maintain his assertion?—If Aristides has not too much
pride to be convinced, if he has the candour he professes,
or the legal or political knowledge he wishes the world to
believe, he would not obstinately continue in error, but
confess, how greatly he has misunderstood the judiciary
system of the national government.