But upon every act there will be a preliminary question, Does this act
concern the confederacy? And was there ever a proposition so plain, as
to pass Congress without a debate? Their decisions are almost always
wise; they are like pure metal. But you know of how much dross this is
the result. Would not an appeal from the State judicature to a federal
court, in all cases where the act of Confederation controlled the
question, be as effectual a remedy, and exactly commensurate to the
defect. A British creditor, for example, sues for his debt in Virginia;
the defendant pleads an act of the State, excluding him from their
courts; the plaintiff urges the confederation, and the treaty made under
that, as controlling the State law; the judges are weak enough to decide
according to the views of their legislature. An appeal to a federal
court gets all to rights. It will be said, that this court may encroach
on the jurisdiction of the State courts. It may. But there will be a
power, to wit, Congress, to watch and restrain them. But place the same
authority in Congress itself, and there will be no power above them
to perform the same office.
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