en we have successively examined in detail the organization of the
Supreme Court, and the entire prerogatives which it exercises, we shall
readily admit that a more imposing judicial power was never constituted
by any people. The Supreme Court is placed at the head of all known
tribunals, both by the nature of its rights and the class of justiciable
parties which it controls.
In all the civilized countries of Europe the Government has always shown
the greatest repugnance to allow the cases to which it was itself a
party to be decided by the ordinary course of justice. This repugnance
naturally attains its utmost height in an absolute Government; and, on
the other hand, the privileges of the courts of justice are extended
with the increasing liberties of the people: but no European nation has
at present held that all judicial controversies, without regard to their
origin, can be decided by the judges of common law.
In America this theory has been actually put in practice, and the
Supreme Court of the United States is the sole tribunal of the nation.
Its power extends to all the cases arising under laws and treaties made
by the executive and legislative authorities, to all cases of admiralty
and maritime jurisdiction, and in general to all points which affect the
law of nations. It may even be affirmed that, although its constitution
is essentially judicial, its prerogatives are almost entirely political.
Its sole object is to enforce the execution of the laws of the Union;
and the Union only regulates the relations of the Government with
the citizens, and of the nation with Foreign Powers: the relations of
citizens amongst themselves are almost exclusively regulated by the
sovereignty of the States.
A second and still greater cause of the preponderance of this court
may be adduced. In the nations of Europe the courts of justice are only
called upon to try the controversies of private individuals; but the
Supreme Court of the United States summons sovereign powers to its bar.
When the clerk of the court advances on the steps of the tribunal, and
simply says, "The State of New York versus the State of Ohio," it is
impossible not to feel that the Court which he addresses is no ordinary
body; and when it is recollected that one of these parties represents
one million, and the other two millions of men, one is struck by the
responsibility of the seven judges whose decision is about to satisfy or
to disappoint so large a
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