e originally competent to the cognizance of all
infractions of the rights of one citizen by another citizen: and they
still retain all their judiciary cognizances not expressly alienated by
the federal constitution.

The federal constitution alienates from them all cases arising, 1st,
under the constitution; 2ndly, under the laws of Congress; 3rdly, under
treaties, &c. But this 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 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; 2ndly, any law of
Congress; or 3rdly, any treaty; but, as before observed, by nature.
It is therefore not alienated, but remains under the protection of our
courts.

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 di