be in manifest contravention of the articles of Union." * * * "These
courts are to be the bulwarks of a limited constitution against
legislative encroachments."

These reasons were so strong that there was little or no objection in
the constitutional convention to the creation of a national judiciary,
but difficulty arose in determining its precise nature and powers. As we
have learned, the difficulty to be overcome in drafting our new scheme
of government was to satisfy State jealousies and interests, and
preserve State rights of government, and yet to obtain a strong central
government; and to harmonize State rights with Federal strength.

In forming the national judiciary, the objects to be obtained, difficult
of achievement, were, to use the words of Judge Curtis (Federal Courts
of United States): "To construct a judicial power within the Federal
Government, and to clothe it with attributes which would enable it to
secure the supremacy of the general constitution and all of its
provisions; to give to it exact authority that would maintain the
dividing line between the powers of the Nation and the States, and to
give to it no more: and to add to these a faculty of dispensing justice
to foreigners, to citizens of different States and among the sovereign
States themselves, with a more even hand and with a more assured
certainty of the great ends of justice than any State power could
furnish--these were objects not readily or easily to be obtained, and
yet they were obtained with wonderful success."

The establishment of the federal judiciary is given in a few words in
the Constitution: "The judicial powers of the United States shall be
vested in one Supreme Court and in such inferior courts as Congress may
from time to time ordain and establish."