Page:Works of John C. Calhoun, v1.djvu/339

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

to the corresponding departments of the federal government. It must also follow, that the governments of the several States, instead of being coequal and co-ordinate with the federal government, are inferior and subordinate. All these are necessary consequences.

But it may be alleged that the section in question does not assume the broad principle, that the State courts stand, in all cases, in the relation of the inferior courts to the Supreme Court of the United States; that it is restricted to appeals from the final judgments of the highest courts of the several States; to suits in law and equity (excluding criminal cases) and, in such cases, to those only, where the validity of a treaty, statute of, or an authority exercised under the United States; or the construction of the constitution, or of a treaty, or law of, or commission held under the United States, are drawn in question, and the decision is adverse to the right claimed under the United States; or, where the validity of any law of, or authority exercised under a State are involved, on the ground that they are repugnant to the constitution, treaties or laws of the United States — and the decision is in favor of the law or the authority of the State. It may, also, be alleged that, to this extent, it was necessary to regard the courts of the States as inferior courts; and, as such, to provide for an appeal from them to the Supreme Court of the United States, in order to preserve uniformity in decisions; and to avoid collision and conflict between the federal government and those of the several States.