But
there are many other sources, besides interfering claims of boundary,
from which bickerings and animosities may spring up among the members of
the Union. To some of these we have been witnesses in the course of our
past experience. It will readily be conjectured that I allude to the
fraudulent laws which have been passed in too many of the States. And
though the proposed Constitution establishes particular guards against
the repetition of those instances which have heretofore made their
appearance, yet it is warrantable to apprehend that the spirit which
produced them will assume new shapes, that could not be foreseen nor
specifically provided against. Whatever practices may have a tendency to
disturb the harmony between the States, are proper objects of federal
superintendence and control.
It may be esteemed the basis of the Union, that "the citizens of each
State shall be entitled to all the privileges and immunities of citizens
of the several States." And if it be a just principle that every
government ought to possess the means of executing its own provisions by
its own authority, it will follow, that in order to the inviolable
maintenance of that equality of privileges and immunities to which the
citizens of the Union will be entitled, the national judiciary ought to
preside in all cases in which one State or its citizens are opposed to
another State or its citizens.
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