8140. STATE RIGHTS, Judiciary and.—
It is of immense consequence that the
States retain as complete authority as possible
over their own citizens. The withdrawing
themselves under the shelter of a foreign
jurisdiction, is so subversive of order and so
pregnant of abuse, that it may not be amiss to
consider how far a law of præmunire should
be revised and modified, against all citizens
who attempt to carry their causes before any
other than the State courts, in cases where
those other courts have no right to their cognizance.
A plea to the jurisdiction of the
courts of their State, or a reclamation of a
foreign jurisdiction, if adjudged valid, would
be safe; but if adjudged invalid, would be
followed by the punishment of præmunire
for the attempt.—
To James Monroe. Washington ed. iv, 200.
Ford ed., vii, 173.
(M.
1797)
See Judiciary and Supreme Court.
