Page:John P. Branch Historical Papers - Volume 2.djvu/314

 those of the states, denies that the judgments of the latter are independent of their power; or that the state quoad their judiciaries are to be considered as independent states; and they say that there are no words in the constitution, conveying a contrary idea. I might say with more force, e converso, that there are no words in that instrument delegating this appellate power to that court. I might also say that the appellate power given to the supreme court is amply satisfied by reference to the inferior courts of the general government.

The same system however, which for the favorite purpose of increasing the powers of the general government, dispenses with all laws and rules whatsoever, on the subject of parties, may as naturally go on and for the same purpose pass the boundaries established between the two governments; and thus the courts of one government be let in to reverse the judgments of another. While it is admitted with the supreme court that to many purposes the United States forms a single nation, it is claimed on the other hand that they form several and sovereign nations as to all other purposes. They form several states or nations, except in cases, and as to powers, as to which by grants of powers in the constitution they have consented to be one nation; and no such grant as that now in question is to be found in relation to the appellate power. In relation to such an anomalous, unusual and important power, it would not have rested on implication had it been intended to be conveyed; it would have been given in express terms. It is not enough for the supreme court therefore to say, that as to many purposes, the United States form a single nation. They ought to go on and say that they do so as to this purpose. They ought even to put their finger upon the specific