Page:Works of John C. Calhoun, v1.djvu/274

 manifest that there is nothing in it, which can possibly give the judicial power authority to enforce the decision of the government of the United States, against that of a separate State, where their respective decisions come into conflict. If, then, there be any thing that authorizes it, it must be contained in the remainder of the section, which vests jurisdiction with reference to the parties litigant. But this contains no provision which extends the jurisdiction of the judicial power to questions involving such conflict between the two co-ordinate governments,—either express or implied;—as I shall next proceed to show.

It will not be contended that either the government of the United States, or those of the separate States are amenable to the process of the courts; unless made so by their consent respectively; for no legal principle is better established than that, a government, though it may be plaintiff in a case, or controversy, cannot be made defendant, or, in any way, amenable to the process of the courts, without its consent. That there is no express provision in the section, by which, either of the co-ordinate governments can be made defendants, or amenable to the process of the courts, in a question between them, is manifest.

If, then, there be any, it must be implied in some one of its provisions: and it is, accordingly, contended, that it is implied in the clause, which provides that the judicial power shall extend, "to controversies to which the United States shall be a party." This clause, it is admitted, clearly extends