Page:Works of John C. Calhoun, v1.djvu/336

 latter implies that the case must commence in the Supreme Court, so the former implies that the case must commence in an inferior court, not having final jurisdiction; and, therefore, liable to be carried up to a higher, for final decision. Now, as the constitution vests the judicial power of the United States, "in one Supreme Court, and such inferior courts, as Congress may, from time to time ordain," the natural and plain meaning of the clause is, that, in the cases enumerated, the Supreme Court should have original jurisdiction; and in all others, originating in the inferior courts of the United States, it should have jurisdiction only on an appeal from their decisions.

Such being the plain meaning and intent of these clauses — the question is — How can Congress derive from them, authority to make a law providing for an appeal from the highest courts of the several States, in the cases specified in the 25th section of the Judiciary Act, to the Supreme Court of the United States?

To this question no answer can be given, without assuming that the State Courts — even the highest — stand in the relation of the inferior courts to the Supreme Court of the United States, wherever a question touching their authority comes before them. Without such an assumption, there is not, and cannot be, a shadow of authority to warrant an appeal from the former to the latter. But does the fact sustain the assumption? Do the courts of the States stand, as to such questions, in the relation of the inferior to the Supreme Court of the United