Page:Works of John C. Calhoun, v1.djvu/344

 constitutional government, and despotism in the place of liberty — evils far greater than those intended to be remedied. It is the part of wisdom and patriotism, then, not to destroy the divisions of power in order to prevent collisions, but devise means, by which they may be prevented from leading to an appeal to force. This, as has been shown, the constitution, in a manner most safe and expedient, has provided through the amending power — a power, so constituted as to preserve in all time, and under all circumstances, an equilibrium between the various divisions of power of which the system is composed.

It is true, as has been alleged, that the provisions of the section are restricted — that they are limited to civil cases, and to appeals from the highest State courts to the Supreme Court of the United States. Thus restricted, they would not be sufficient to subject the reserved powers completely to the delegated, and to lead, at least — speedily — to all the consequences stated. But what assurance can there be, that the right, if admitted, will not be carried much further? The right of appeal itself, can only be maintained, as has been shown, on the assumption that the courts of the States stand in the relation of inferior courts to the Supreme Court of the United States. Resting on this broad assumption, no definite limits can be assigned to the right, if it exists at all. It may be extended to criminal as well as civil cases — to the circuit courts of the United States as well as to the Supreme Court; to the transfer of a case, civil or criminal, at any stage,