502
CONSTITUTION OF THE U. STATES.
[BOOK III.
every nation is responsible for the conduct of its citizens towards other nations, all questions touching the justice due to foreign nations, or people, ought to be ascertained by, and depend on, national authority. Even this cursory view of the judicial powers of the United States leaves the mind strongly impressed with the importance of them to the preservation of the tranquility, the equal sovereignty, and the equal rights of the people.
§ 1633. This opinion contains a clear, and, as far as it goes, an exact outline; but it will be necessary to examine separately every portion of the jurisdiction here given, in order that a more full and comprehensive understanding of all the reasons, on which it is founded, may be attained. And I am much mistaken, if such an examination will not display in a more striking light the profound wisdom and policy, with which this part of the constitution was framed.
§ 1634. And first, the judicial power extends to all cases in law and equity, arising under the constitution, the laws, and the treaties of the United States.[1] And by cases in this clause we are to understand criminal, as well as civil cases.[2]
§ 1635. The propriety of the delegation of jurisdiction, in "cases arising under the constitution," rests on the obvious consideration, that there ought always to be some constitutional method of giving effect to- ↑ In the first draft of the constitution the clause was, "the jurisdiction of the Supreme Court shall extend to all cases arising under the laws passed by the legislature of the United States;" the other words, "the constitution," and "treaties," were afterwards added without any apparent objection. Journal of Convention, 226, 297, 298.
- ↑ 1 Tucker's Black. Comm. App. 420, 421; Cohens v. Virginia, 6 Wheat. R. 399; Rawle on Const. ch. 24, p. 226.
