'Tis time
only that can mature and perfect so compound a system, can liquidate the
meaning of all the parts, and can adjust them to each other in a
harmonious and consistent WHOLE.
Such questions, accordingly, have arisen upon the plan proposed by the
convention, and particularly concerning the judiciary department. The
principal of these respect the situation of the State courts in regard
to those causes which are to be submitted to federal jurisdiction. Is
this to be exclusive, or are those courts to possess a concurrent
jurisdiction? If the latter, in what relation will they stand to the
national tribunals? These are inquiries which we meet with in the mouths
of men of sense, and which are certainly entitled to attention.
The principles established in a former paper[1] teach us that the States
will retain all pre-existing authorities which may not be exclusively
delegated to the federal head; and that this exclusive delegation can
only exist in one of three cases: where an exclusive authority is, in
express terms, granted to the Union; or where a particular authority is
granted to the Union, and the exercise of a like authority is prohibited
to the States; or where an authority is granted to the Union, with which
a similar authority in the States would be utterly incompatible.
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