To secure the full effect of so
fundamental a provision against all evasion and subterfuge, it is
necessary that its construction should be committed to that tribunal
which, having no local attachments, will be likely to be impartial
between the different States and their citizens, and which, owing its
official existence to the Union, will never be likely to feel any bias
inauspicious to the principles on which it is founded.
The fifth point will demand little animadversion. The most bigoted
idolizers of State authority have not thus far shown a disposition to
deny the national judiciary the cognizances of maritime causes. These so
generally depend on the laws of nations, and so commonly affect the
rights of foreigners, that they fall within the considerations which are
relative to the public peace. The most important part of them are, by
the present Confederation, submitted to federal jurisdiction.
The reasonableness of the agency of the national courts in cases in
which the State tribunals cannot be supposed to be impartial, speaks for
itself. No man ought certainly to be a judge in his own cause, or in any
cause in respect to which he has the least interest or bias.
Pages:
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821