Page:The Supreme Court in United States History vol 1.djvu/87

Rh with their respective portions of power and neither encroach on the provinces of each other, nor suffer themselves nor the others to intermeddle with the rights reserved by the Constitution to the people. " His explanation of the necessity of a Federal Judiciary was particularly illuminating. "We had become a Nation. As such we were responsible to others for the observance of the Laws of Nations; and as our National concerns were to be regulated by National laws. National tribunals became necessary for the interpretation and execution of them. No tribunals of the like kind and extent had heretofore existed in this country. From such, therefore, no light of experience nor facilities of usage and habit were to be derived. Our jurisprudence varied in almost every State, and was acconmiodated to local, not general convenience, to partial, not National policy. This convenience and this policy were nevertheless to be regarded and tenderly treated. A judicial controul, general and final, was indispensable. The manner of establishing it with powers neither too extensive nor too limited rendering it properly independent and yet properly amenable involved questions of no little intricacy. The expedience of carrying justice, as it were, to every man's door was obvious ; but how to do it in an expedient manner was far from being apparent. To provide against discord between National and State jurisdiction, to render them auxiliary instead of hostile to each other, and so to connect both as to leave each sufficiently independent and yet sufficiently combined was and will be arduous. Institutions formed under such circumstances should therefore be received with candour and tried with temper and prudence."