of the Constitution, the judicial power of the United
States extends to it. It reaches the case,
the question; it attaches the power of the national
judicature to the case itself, in whatever
court it may arise or exist; and in this case
the Supreme Court has appellate jurisdiction over
all courts whatever. No language could provide
with more effect and precision than is here done, for
subjecting constitutional questions to the ultimate
decision of the Supreme Court. And, Sir, this
is exactly what the Convention found it necessary to
provide for, and intended to provide for. It is,
too, exactly what the people were universally told
was done when they adopted the Constitution.
One of the first resolutions adopted by the Convention
was in these words, viz.: “That the
jurisdiction of the national judiciary shall extend
to cases which respect the collection of the national
revenue, and questions which involve the national
peace and harmony.” Now, Sir, this either
had no sensible meaning at all, or else it meant that
the jurisdiction of the national judiciary should extend
to these questions, with a paramount authority.
It is not to be supposed that the Convention intended
that the power of the national judiciary should extend
to these questions, and that the power of the judicatures
of the States should also extend to them, with
equal power of final decision. This would
be to defeat the whole object of the provision.
There were thirteen judicatures already in existence.
The evil complained of, or the danger to be guarded
against, was contradiction and repugnance in the decisions
of these judicatures. If the framers of the Constitution
meant to create a fourteenth, and yet not to give it
power to revise and control the decisions of the existing
thirteen, then they only intended to augment the existing
evil and the apprehended danger by increasing still
further the chances of discordant judgments. Why,
Sir, has it become a settled axiom in politics that
every government must have a judicial power coextensive
with its legislative power? Certainly, there
is only this reason, namely, that the laws may receive
a uniform interpretation and a uniform execution.
This object cannot be otherwise attained. A statute
is what it is judicially interpreted to be; and if
it be construed one way in New Hampshire, and another
way in Georgia, there is no uniform law. One
supreme court, with appellate and final jurisdiction,
is the natural and only adequate means, in any government,
to secure this uniformity. The Convention saw
all this clearly; and the resolution which I have
quoted, never afterwards rescinded, passed through
various modifications, till it finally received the
form which the article now bears in the Constitution.