Page:Works of John C. Calhoun, v1.djvu/332

 I might go further, and assert with truth, that without it, the former would, in effect, cease to be federal, and become national. It would be superior — and the individual governments of the several States, would become subordinate to it — a relation inconsistent with the federal, but in strict conformity to the national theory of the government.

I refer to the 25th section of the Judiciary Act, approved the 24th Sept., 1789. It provides for an appeal from, and revisal of a "final judgment or decree in any suit, in the highest courts of law or equity of a State, in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the constitution, treaties, or laws of the United States — and the decision is in favor of their validity; or where is drawn in question the construction of any clause of the constitution, or of a treaty — or statute of, or commission held under, the United States, and the decision is against such title, &c., specially set up by either, &c." The effect, so far as these cases extend, is to place the highest tribunal of the States, both of law and equity, in the same relation to the Supreme Court of the United States, which the circuit and inferior courts of the United States bear to it. To this extent, they are made equally subordinate and subject to its control; and, of course, the judicial departments