The Union, therefore, required a national judiciary to enforce the obedience of the citizens to the laws, and to repeal the attacks which might be directed against them.

The question then remained as to what tribunals were to exercise these privileges; were they to be entrusted to the courts of justice which were already organized in every State?
or was it necessary to create federal courts?
It may easily be proved that the Union could not adapt the judicial power of the States to its wants.

The separation of the judiciary from the administrative power of the State no doubt affects the security of every citizen and the liberty of all.

But it is no less important to the existence of the nation that these several powers should have the same origin, should follow the same principles, and act in the same sphere; in a word, that they should be correlative and homogeneous.

No one, I presume, ever suggested the advantage of trying offences committed in France by a foreign court of justice, in order to secure the impartiality of the judges.