ons in
State courts against "any officer of the United States or any agency
thereof, or person acting under him, for any act under color of such
office or on account of any right, title or authority claimed under any
Act of Congress for the apprehension or punishment of criminals or the
collection of the revenue."[308]

Tennessee _v._ Davis

The validity of the act of 1833 as it was carried over into the Revised
Statutes, Sec. 643, was contested in Tennessee _v._ Davis,[309] which
involved the attempt of a State to prosecute a deputy collector of
internal revenue who had killed a man while seeking to seize an illicit
distilling apparatus. In an opinion in the tradition of Martin _v._
Hunter's Lessee[310] and Cohens _v._ Virginia,[311] Justice Strong
emphasized the power of the National Government to protect itself in the
exercise of its constitutional powers, the inability of a State to
exclude it from the exercise of any authority conferred by the
Constitution, and the comprehensive nature of the term "cases in law and
equity arising under the Constitution, the laws of the United States,
and treaties * * *" which was held to embrace criminal prosecutions as
well as civil actions. Then speaking of a case involving federal
questions he said: "It is not merely one where a party comes into court
to demand something conferred upon him by the Constitution or by a law
or treaty. A case consists of the right of one party as well as the
other, and may truly be said to arise under the Constitution or a law or
a treaty of the United States whenever its correct decision depends upon
the construction of either. Cases arising under the laws of the United
States are such as grow out of the legislation of Congress, whether they
constitute the right or privilege, or claim or protection, or defense of
the party, in whole or in part, by whom they are asserted."[312]

SUPREME COURT REVIEW OF STATE COURT DECISIONS

In addition to the constitutional issues presented earlier by Sec. 25 of
the act of 1789, which was superseded in 1934 when the "Writ of error"
was replaced by "Appeal," issues have continued to arise concerning its
application which go directly to the nature and extent of the Supreme
Court's appellate jurisdiction. These have to do with such matters as
the existence of a federal question, exhaustion of remedies in State
courts, and review of findings of fact by State courts. Whether a
federal question has been adequatel