Page:Works of John C. Calhoun, v1.djvu/338



If this be true, then the respective departments of each must be necessarily and equally so — as the whole includes the parts. The State courts are the representatives of the reserved rights, vested in the governments of the several States, as far as it relates to the judicial power. Now as these are reserved against the federal government — as the very object and intent of the reservation, was to place them beyond the reach of its control — how can the courts of the States be inferior to the Supreme Court of the United States; and, of course, subject to have their decisions re-examined and reversed by it, without, at the same time, subjecting the portion of the reserved rights of the governments of the several States, vested in it, to the control of the federal government? Still higher ground may be taken. If the State courts stand in the relation of inferiors to the Supreme Court of the United States — what reason can possibly be assigned, why the other departments of the State governments — the legislative and executive, should not stand in the same relation to the corresponding departments of the federal government? Where is there to be found any provision of the constitution which makes, in this respect, any distinction between the judiciary and the other departments? Or, on what principle can such a distinction be made? There is no such distinction; and, it must follow, that if the judicial department, or the courts of the governments of the individual States, stand in the relation of inferior courts to the Supreme Court of the United States, the other departments must stand in the same relation