s the legislature intended
that he should do, he is ever ready to follow its bidding. Thus, in
order not to deprive the State of the talents of an individual, those
talents have been rendered almost useless; and to reserve an expedient
for extraordinary perils, the country has been exposed to daily dangers.

Federal Courts *b

[Footnote b: See chap. VI, entitled "Judicial Power in the United
States." This chapter explains the general principles of the American
theory of judicial institutions. See also the Federal Constitution, Art.
3. See "The Federalists," Nos. 78-83, inclusive; and a work entitled
"Constitutional Law," being a view of the practice and jurisdiction of
the courts of the United States, by Thomas Sergeant. See Story, pp. 134,
162, 489, 511, 581, 668; and the organic law of September 24, 1789, in
the "Collection of the Laws of the United States," by Story, vol. i. p.
53.]

Political importance of the judiciary in the United States--Difficulty
of treating this subject--Utility of judicial power in
confederations--What tribunals could be introduced into the
Union--Necessity of establishing federal courts of justice--Organization
of the national judiciary--The Supreme Court--In what it differs from
all known tribunals.

I have inquired into the legislative and executive power of the Union,
and the judicial power now remains to be examined; but in this place
I cannot conceal my fears from the reader. Their judicial institutions
exercise a great influence on the condition of the Anglo-Americans, and
they occupy a prominent place amongst what are probably called political
institutions: in this respect they are peculiarly deserving of our
attention. But I am at a loss to explain the political action of the
American tribunals without entering into some technical details of
their constitution and their forms of proceeding; and I know not how to
descend to these minutiae without wearying the curiosity of the reader
by the natural aridity of the subject, or without risking to fall into
obscurity through a desire to be succinct. I can scarcely hope to escape
these various evils; for if I appear too lengthy to a man of the world,
a lawyer may on the other hand complain of my brevity. But these are the
natural disadvantages of my subject, and more especially of the point
which I am about to discuss.

The great difficulty was, not to devise the Constitution to the Federal
Government, but to find out a method of enf