To confer
the power of determining such causes upon the existing courts of the
several States, would perhaps be as much "to constitute tribunals," as
to create new courts with the like power. But ought not a more direct
and explicit provision to have been made in favor of the State courts?
There are, in my opinion, substantial reasons against such a provision:
the most discerning cannot foresee how far the prevalency of a local
spirit may be found to disqualify the local tribunals for the
jurisdiction of national causes; whilst every man may discover, that
courts constituted like those of some of the States would be improper
channels of the judicial authority of the Union. State judges, holding
their offices during pleasure, or from year to year, will be too little
independent to be relied upon for an inflexible execution of the
national laws. And if there was a necessity for confiding the original
cognizance of causes arising under those laws to them there would be a
correspondent necessity for leaving the door of appeal as wide as
possible. In proportion to the grounds of confidence in, or distrust of,
the subordinate tribunals, ought to be the facility or difficulty of
appeals.
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