1690. CONSTITUTION (The Federal), Jurisdiction of.—
It may be impracticable to
lay down any general formula of words which
shall decide at once and with precision in
every case, this limit of jurisdiction. But
there are two canons which will guide us
safely in most of the cases. 1st. The capital
and leading object of the Constitution was to
leave with the States all authorities which
respected their own citizens only, and to
transfer to the United States those which
respected citizens of foreign or other States;
to make us several as to ourselves, but one
as to all others. In the latter case, then, constructions
should lean to the general jurisdiction,
if the words will bear it, and in
favor of the States in the former, if possible
to be so construed. And, indeed, between citizens
and citizens of the same State and under
their own laws, I know but a single case in
which a jurisdiction is given to the General
Government. That is where anything but gold
or silver is made a lawful tender, or the obligation
of contracts is any otherwise impaired.
The separate legislatures had so often abused
that power that the citizens themselves chose
to trust it to the general rather than to their
own special authorities. 2d. On every question
of construction, carry ourselves back to
the time when the Constitution was adopted,
recollect the spirit manifested in the debates,
and instead of trying what meaning may be
squeezed out of the text, or invented against
it, conform to the probable one in which it
was passed.—
To William Johnson. Washington ed. vii, 296.
Ford ed., x, 230.
(M.
1823)
