Were the question even doubtful, that is no reason for abandoning it.  The system of the General Government is to seize all doubtful ground.  We must join in the scramble, or get nothing.  Where first occupancy is to give right, he who lies still loses all.  Besides, it is not right for those who are only to act in a preliminary form, to let their own doubts preclude the judgment of the court of ultimate decision.  We ought to let it go to the House of Delegates for their consideration, and they, unless the contrary be palpable, ought to let it go to the General Court, who are ultimately to decide on it.

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 praemunire 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 praemunire for the attempt.

Think further of the preceding part of this letter, and we will have further conference on it.  Adieu.

P. S. Observe, that it is not the breach of Mr. Cabell’s privilege which we mean to punish:  that might lie with Congress.  It is the wrong done to the citizens of our district.  Congress have no authority to punish that wrong.  They can only take cognizance of it in vindication of their member.

LETTER CCXIX.—­TO JAMES MADISON, January 3, 1798

TO JAMES MADISON.

Philadelphia, January 3, 1798

Dear Sir,

Your favor of the 25th came to hand yesterday.  I shall observe your direction with respect to the post-day.  I have spoken with the Deputy Postmaster-General on the subject of our Fredericksburg post.  He never knew before that the Fredericksburg printer had taken the contract of the rider.  He will be glad, if either in your neighborhood or ours, some good person will undertake to ride from April next.  The price given this year is three hundred and thirty dollars, and it will go to the lowest bidder, who can be depended on.  I understand (though not from him) that Wyatt will be changed; and in general they determine that printers shall not be postmasters or riders.