253. The perfect independence of the Judges is peculiarly requisite in a Constitution, containing, like that of the United States, certain specified restrictions upon the Legislative authority, both of the ge- : neral and State Governments; which can only be preserved in practice through the instrumentality of the Courts...

254. But whilst the Constitution secures the independence of the Judges, it renders them amenable for any corrupt violation of their trust; and, on impeachment and conviction, they may be removed from office, and disqualified for the future from holding any office whatever under the Government of the United States.

255. The Judicial power being established on principles essential to maintain its independence, and to secure a vigorous administration of the Law, the Constitution next designates,

II. The objects of its jurisdiction.

256. The Judicial power of the United States extends,

1. To all cases arising under the Constitution; because the meaning, construction, and operation of a compact, ought always to be ascertained by an authority derived from all the parties, and not by an authority derived. from any one of them.

2. To all cases arising under the Laws of the United States; because, as such Laws constitutionally made, are obligatory on each State, the measure of obligation and obedience ought not to be decided and fixed by the party from whom they are due, but by a tribunal deriving authority from both parties.

3. To all cases arising under Treaties made by the authority of the Union; because, as Treaties are compacts made by, and obligatory on, the whole nation, their operation ought not to be regulated or affected by the local Laws or Courts of a part of the nation. 4. To all cases affecting Ambassadors, other public Ministers, and Consuls; because, as these are officers of foreign nations, whom this nation is bound to protect, and treat accordto the Law of Nations, cases affecting them ought only to be cognizable by national authority.

5. To all cases of Admiralty and Maritime jurisdiction; because, as the sea is the joint property of all Nations, whose rights and privileges relative to it, are regulated by the Law of Nations and Treaties, such cases necessarily belong to national jurisdiction. 6. To all controversies, to which the United States shall be a party; because, in cases in which the whole People are interested, it would not be equal or wise, to permit any one State to decide and measure out the justice due to others.

7. To controversies between two or more States; because domestic tranquillity requires that the contentions of States should be peaceably terminated by a common judicatory; and justice ought not to depend on the will of either of the litigants.

8. To controversies between a State when plaintiff, and citizens of another State; because, in such a case, it is better that a State should prosecute its demands in a national court, than in its own courts, or in the courts of the State to which those citizens belong; the danger of irritations arising

from apprehensions or suspicions of partiality being thus avoided.

9. To controversies between citizens of different States; because the immediate fellow-citizens of neither of the parties should be the sole judges in such cases; and the free and equal citizens of the General Government should have free and equal justice in tribunals common to them all.

10. To controversies between citizens of the same State, claiming lands under grants of different States; because, as the rights of the two States to grant the land are drawn in question, neither of them ought to decide the controversy..

11. To controversies between a State when plaintiff, or between the citizens thereof, and fo reign States, Citizens, or Subjects; because, as every nation is responsible for, the conduct of its citizens towards other nations, all questions touching the justice due to foreign States or People, should be ascertained by, and depend on, national authority.

257. The propriety of vesting these powers in the Judiciary department of the United States, seems to result, as a necessary consequence, from their union as one nation; and the exercise of jurisdistion in all. these cases, by the national tribunals, may be considered requisite to the existence of the national Go

vernment..

258. By "cases" in this article of the Constitution, are understood criminal, as well as civil cases; and the fitness of extending the Judicial power to all cases of both descriptions, arising under the Constitution, in contradistinction to those arising under Laws passed in virtue of its authority, depends on the obvious

necessity of giving efficacy to those constitutional provisions which neither require nor admit of an Act of the national Legislature to sanction and enforce them...

259. The individual States are prohibited by the Federal Constitution, from the performance of certain acts, some of which are incompatible with the inte-rests and objects of the Union, and others with the principles of good Government; but such prohibitions would be ineffectual without some power in the General Government, to restrain or correct their violation.

260. From the nature of the case, this power must have been either the authority actually vested in the national Courts, to overrule such Laws of the several States, as contravene the Federal Constitution; or instead of it, a direct negative upon the Laws must have been vested in the Executive department of the national Government,

261. The latter expedient was indeed proposed as a substitute for that which was adopted; and there is no other alternative that can be devised, without in-volving a power in any one State to suspend or subvert, within its limits, the acts and operations of every department of the General Government, though every other member of the Union may admit their validity.

262. That the jurisdiction of the Federal Courts should extend to all cases, whether civil or criminal, arising under Laws passed in virtue of the Federal Constitution, is evident from the principle already. stated, that the Judicial power in every Government must be co-extensive with the power of legislation."

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263. In a Government formed from the union of

the People of so many separate and independent States, as well as of those States themselves, into one nation, organized under a written compact of government, the necessity of uniformity in the interpretation of the national Laws, is of itself sufficient to render this provision indispensable.

264. The extension of the Judicial power" to cases arising under Treaties, made under the authority of the United States," was equally necessary and proper; as without this jurisdiction in the Courts of the Union, there would be perpetual danger of collision, and even of war, with foreign powers, and an utter incapacity on the part of the Government to fulfil these national contracts.

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265. As the Constitution, and the Laws of the United States made in pursuance of it, and all Treaties made under the authority of the Union, are declared to be "THE SUPREME LAW OF THE LAND;" and the Judges in every State are bound thereby, any thing in the Constitution or Laws of any State to the contrary notwithstanding,"-as every Act of Congress, or of the State Legislatures, and every part of the Constitution of any State which is repugnant to the Federal Constitution, is null and void,—and as the Judicial Power of the Union extends "to all cases in law or equity, arising under the Constitution, Laws, and Treaties of the United States," it necessarily belongs to that Power, whenever a case judicially arises, to determine what is the Supreme Law of the land; and the determination of the Supreme Court of the United States must be final and conclusive, because the Constitution gives to that tribunal power to decide in every such case, and gives no appeal from its decision.

266. The right of Courts of Justice to pronounce