Excerpt from The Federal Courts: Their Organization, Jurisdiction and Procedure, Lectures Before the Richmond Law School, Richmond College, Virginia
The convention which framed the Constitution of the United States could not have completed its purpose, the formation of a more perfect union, without providing for a separate Federal judiciary. The instrument which they framed was a compact between sovereign States, who, parting with many of the attributes of sovereignty, bestowed these upon the government then established. Necessarily, in the course of time, questions would arise between these States and the general government, questions between the departments of the general government, questions also between the States themselves, which could not be submitted for solution to the judicial department of any one State. These questions could only be solved in tribunals created by the general government, whose decisions could bind all the States.
To the government created by the Constitution was entrusted the control and management of all relations with foreign governments. It had the sole power of making treaties, of declaring war, of concluding peace. These treaties binding upon all the States could not be construed by one State alone. Ambassadors accredited to the United States present their credentials to and could be recognized by the general government alone. Whilst residing near the government they would be under its protection and could seek redress for wrongs complained of at its hands, and would be responsible only to it for their action. It was bound to furnish tribunals which would consider cases affecting ambassadors, other public ministers and consuls. The Congress was invested with exclusive power to regulate commerce with foreign nations among the several States and with the Indian tribes.
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