that such is not the case; and that, on the contrary, a majority of them must be, habitually, arrayed on its side; and their courts as much inclined to sustain its powers as its own courts. But if the State courts should have a strong leaning in favor of the powers of their respective States, what reason can be assigned, why the Supreme Court of the United States should not have a leaning, equally strong, in favor of the federal government? If one, in consequence, cannot be trusted in making a decision adverse to the delegated powers, on what principle can the other be trusted in making a decision adverse to the reserved powers? Is it to be supposed, that the judges of the courts of the States, who are sworn to support the constitution of the United States, are less to be trusted, in cases where the delegated powers are involved, than the federal judges, who are not bound by oath to support the constitutions of the States, are, in cases, where the reserved powers are concerned? Are not the two powers equally independent of each other? And is it not as important to protect the reserved against the encroachments of the delegated, as the delegated against those of the reserved powers? And are not the latter, being much the weaker, more in need of protection than the former? Why, then, not leave the courts of each, without the right of appeal, on either side, to guard and protect the powers confided to them respectively?
As far as uniformity of decision is concerned — the appeal was little needed; and well might the author of the section in question be so indifferent
