1822. CORRESPONDENCE, State courts and.—
The Federal Constitution alienates
from [the State courts] all cases arising, 1st,
under the Constitution; 2d, under the laws
of Congress; 3d, under treaties, &c. But
the right of free correspondence, whether
with a public representative in General Assembly,
in Congress, in France, in Spain, or
with a private one charged with a pecuniary
trust, or with a private friend, the object of
our esteem, or any other, has not been given
to us under, 1st, the Federal Constitution;
2dly, any law of Congress; or 3dly, any
treaty; but * * * by nature. It is, therefore,
not alienated, but remains under the
protection of our courts.—
To James Monroe. Washington ed. iv, 200.
Ford ed., vii, 172.
(M.
1797)
See Letters.
