Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/510

 470 manner upon enormities of this sort, which she thought had been perpetrated by a neighbouring state upon the just rights of her citizens. Indeed, war constitutes almost the only remedy to chastise atrocious breaches of moral obligations, and social justice in respect to debts and other contracts."

§ 488. So, that we see completely demonstrated by our own history the importance of a more effectual establishment of justice under the auspices of a national government. The remarks of Mr. Chief Justice Jay in Chisholm v. Georgia, (2 Dall. R. 419, 474; S. C. 2 Peters's Cond. R. 635, 670,) illustrate the truth of these reasonings in an interesting manner. "Prior to the date," says he, "of the constitution, the people had not any national tribunal, to which they could resort for justice; the distribution of justice was then confined to state judicatories, in whose institution and organization the people of the other states had no participation, and over whom they had not the least control. There was then no general court of appellate jurisdiction, by whom the errors of state courts, affecting either the nation at large, or the citizens of any other state, could be revised and corrected. Each state was obliged to acquiesce in the measure of justice, which another state might yield to her, or to her citizens; and that, even in cases where state considerations were not always favourable to the most exact measure. There was danger, that from this source animosities would in time result; and as the transition from animosities to hostilities was frequent in the history of independent states, a common tribunal for the termination of controversies became desirable, from motives both of justice and of policy.

"Prior also to that period, the United States had, by taking a place among the nations of the earth, become amenable to the laws of nations; and it was their interest as well as their duty to provide, that those laws should be respected and obeyed. In their national character and capacity, the United States were responsible to foreign nations for the conduct of each state, relative to the laws of nations, and the performance of treaties; and there the inexpediency of referring all such questions to state courts, and particularly to the courts of delinquent states became apparent. While all the states were bound to protect each, and the citizens of each, it was highly proper and reasonable, that they should be in a capacity, not only to cause justice to be done to