Page:John P. Branch Historical Papers - Volume 2.djvu/320

Rh used to show that this preamble cannot be taken into the account, in deducing the powers of the General Government, I will add from the writer last mentioned that this expression, far from implying that the old articles of confederation, and “perpetual union” between the states were to be given up, in favor of a new, national, and consolidated government, strongly implies the contrary. He adds that a single compact among individuals for establishing a government, is never termed “an Union;” but that that term emphatically applies to compacts between distinct states; as was the case as aforesaid, in the title of our former articles of confederation. This idea is further corroborated by the expression “more perfect” connected with it. This last expression admits the existence of a former government which is to be continued and improved by a new government of the same character. It is absurd then to say that the old confederation is at an end or to stickle for powers which cannot be justified on no other idea.

The supreme court have justified their jurisdiction in the present case by referring to the jurisdiction of the appellate courts of the United States in prize causes under the former government. Congress, by that constitution, had power to establish courts for receiving and determining finally appeals in all cases of capture; but they had no authority to establish inferior courts of this character. Unless, therefore, these appellate courts acted under the decrees of the state courts, they would have been wholly without jurisdiction. That case then, does not apply to the one before us. In the present government, inferior federal courts are to be also established. The supreme court, therefore, can get a jurisdiction in cases without trenching upon the judiciaries of