Page:Works of John C. Calhoun, v1.djvu/342

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about securing it. The extension of the judicial power of the United States, so as to make it commensurate with the government itself, is sufficient, without the aid of an appeal from the courts of the States, to secure all the uniformity consistent with a federal government like ours. It gives choice to the plaintiff to institute his suit, either in the federal or State courts, at his option. If he select the latter, and its decision be adverse to him, he has no right to complain; nor has he a right to a new trial in the former court, as it would, in reality be, under the cover of an appeal. He selected his tribunal, and ought to abide the consequences. But his fate would be a warning to all other plaintiffs in similar cases. It would show that the State courts were adverse — and admonish them to commence their suits in the federal courts; and, thereby, uniformity of decision, in such cases, would be secured. Nor would the defendant, in such cases, have a right to complain, and have a new trial in the courts of the United States, if the decision of the State courts should be adverse to him. If he be a citizen of the State, he would have no right to do either, if the courts of his own State should decide against him; nor could a resident of the State or sojourner in it — since both, by voluntarily putting themselves under the protection of its laws, are bound to acquiesce in the decisions of its tribunals.

But there is another object which the appeal is well calculated to effect — and for the accomplishment of which, its provisions are aptly drawn up, as far as they go — that is — to decide all conflicts between