ANSWER.

Mr. Mason has here asserted, “That the judiciary of the United

States is so constructed and extended, as to absorb and destroy the

judiciaries of the several States.” How is this the case? Are not

the State judiciaries left uncontrolled as to the affairs of that

_State_ only? In this, as in all other cases, where there is a wise

distribution, power is commensurate to its object. With the mere

internal concerns of a State, Congress are to have nothing to do: In

no case but where the Union is in some measure concerned, are the

federal courts to have any jurisdiction. The State Judiciary will be a

satellite waiting upon its proper planet: That of the Union, like the

sun, cherishing and preserving a whole planetary system.

In regard to a possible ill construction of this authority, we must

depend upon our future legislature in this case as well as others, in

respect to which it is impracticable to define every thing, that it

will be provided for so as to occasion as little expense and distress

to individuals as can be. _In parting with the coercive authority

over the States as States, there must be a coercion allowed as to

individuals. The former power no man of common sense can any longer

seriously contend for; the latter is the only alternative._ Suppose

an objection should be made that the future legislature should not

ascertain salaries, because they might divide among themselves and

their officers all the revenue of the Union.(70) Will not every man see

how irrational it is to expect that any government can exist which is

to be fettered in its most necessary operations for fear of abuse?

Pamphlets on the Constitution of the United States Published During Its Discussion by the People 1787-1788 · 第 91 / 257 题