Page:Democracy in America (Reeve, v. 1).djvu/263

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

215

sovereign. When this point is established and admitted, the inference is easy; for if it be acknowledged that the United States constitute one and the same people within the bounds prescribed by their Constitution, it is impossible to refuse them the rights which belong to other nations. But it has been allowed, from the origin of society, that every nation has the right of deciding by its own courts those questions which concern the execution of its own laws. To this it is answered, that the Union is in so singular a position, that in relation to some matters it constitutes a people, and that in relation to all the rest it is a nonentity. But the inference to be drawn is, that in the laws relating to these matters the Union possesses all the rights of absolute sovereignty. The difficulty is to know what these matters are; and when once it is resolved, (and we have shown how it was resolved, in speaking of the means of determining the jurisdiction of the Federal courts,) no further doubt can arise; for as soon as it is established that a suit is Federal, that is to say, that it belongs to the share of sovereignty reserved by the Constitution to the Union, the natural consequence is that it should come within the jurisdiction of a Federal court.

Whenever the laws of the United States are attacked, or whenever they are resorted to in self-defence, the Federal courts must be appealed to. Thus the jurisdiction of the tribunals of the Union extends and narrows its limits exactly in the same