of the creating power is indispensable to the preservation of the created. But they no longer retain their true position. In the practical operation of the system, they have both been superseded and reduced to subordinate and dependent positions: and this, too, by the power last in the order of formation, and which was brought into existence, as auxiliary to the first — and through the aid of its active co-operation. It has assumed control over the whole — and thus a thorough revolution has been effected, the creature taking the place of the creator. This must be reversed, and each restored to its true position, before the federal character of the government can be perfectly restored.
For this purpose the first and indispensable step is to repeal the 25th section of the Judiciary Act — the whole of the act of the 3d of March, 1833, and all other acts containing like provisions. These, by subjecting the judiciary of the States to the control of the federal judiciary, have subjected the separate governments of the several States, including all their departments and functionaries — and, thereby, the States themselves, to a subordinate and dependent condition. It is only by their repeal, that the former can be raised to their true relation as coequals and coordinates — and the latter can retain their high sovereign power of deciding, in the last resort, on the extent of the delegated powers, or of interposing to prevent their encroachment on the reserved powers. It is only by restoring these to their true position, that the government of the United States can be reduced to its true position,
