all held to be "too narrow." "A case in
law or equity consists of the right of the one party as well as of the
other, and may truly be said to arise under the Constitution or a law
of the United States WHENEVER ITS CORRECT DECISION DEPENDS ON THE
CONSTRUCTION OF EITHER." From this it followed that Section XXV was a
measure necessary and proper for extending the judicial power of the
United States appellately to such cases whenever they were first brought
in a state court. Nor did Article XI of the Amendments nullify the
power thus conferred upon the Court in a case which the State itself had
instituted, for in such a case the appeal taken to the national tribunal
was only another stage in an action "begun and prosecuted," not against
the State, but by the State. The contention of Virginia was based upon
the assumption that the Federal and the State Judiciaries constituted
independent systems for the enforcement of the Constitution, the
national laws, and treaties, and such an assumption Marshall held to be
erroneous. For the purposes of the Constitution the United States "form
a single nation," and in effecting these purposes the Government of the
Union may "legitimately control all individuals or governments within
the American territory."

"Our opinion in the Bank Case," Marshall had written Story from Richmond
in 1819, a few weeks after M'Culloch vs. Maryland, "has roused the
sleeping spirit of Virginia, if indeed it ever sleeps." Cohens vs.
Virginia, in 1821, produced an even more decided reaction. Jefferson,
now in retirement, had long since nursed his antipathy for the Federal
Judiciary to the point of monomania. It was in his eyes "a subtle corps
of sappers and miners constantly working underground to undermine our
confederated fabric"; and this latest assault upon the rights of the
States seemed to him, though perpetrated in the usual way, the most
outrageous of all: "An opinion is huddled up in conclave, perhaps by
a majority of one, delivered as if unanimous, and with the silent
acquiescence of lazy or timid associates, by a crafty chief judge, who
sophisticates the law to his own mind by the turn of his own reasoning."

Roane, Jefferson's protege, was still more violent and wrote a series of
unrestrained papers at this time in the Richmond "Enquirer," under the
pseudonym "Algernon Sidney." Alluding to these, Marshall wrote Story
that "their coarseness and malignity would designate the author of them
if he wa