The contracts
between a nation and individuals are only binding on the conscience of
the sovereign, and have no pretensions to a compulsive force. They
confer no right of action, independent of the sovereign will. To what
purpose would it be to authorize suits against States for the debts they
owe? How could recoveries be enforced? It is evident, it could not be
done without waging war against the contracting State; and to ascribe to
the federal courts, by mere implication, and in destruction of a
pre-existing right of the State governments, a power which would involve
such a consequence, would be altogether forced and unwarrantable.
Let us resume the train of our observations. We have seen that the
original jurisdiction of the Supreme Court would be confined to two
classes of causes, and those of a nature rarely to occur. In all other
cases of federal cognizance, the original jurisdiction would appertain
to the inferior tribunals; and the Supreme Court would have nothing more
than an appellate jurisdiction, "with such exceptions and under such
regulations as the Congress shall make."
The propriety of this appellate jurisdiction has been scarcely called in
question in regard to matters of law; but the clamors have been loud
against it as applied to matters of fact.
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