The Cause of the U.S. Civil War

John C. Calhoun to Littleton Waller Tazewell, August 25, 1827, page 8


in truth exist were it not for

a provision in a single act

of Congress, I mean the

25th section of the Judiciary

Act of 1789; the existence or non-

existence of which provision

["would" interlined] make an entire change

in the operation of our

system. If the appellate

power from the State courts

to the U[nited] States court provided

for by the 25th sec[tio]n did not

exist, the practical con-

sequence would be, that

each government would

have a negative on

the other, and thus possess

the most effectual remedy,

that can be conceived

against encroachment. Un-

der this view, this provision

becomes one of the deepest

importance, much more

so, than any other in the






Calhoun to Tazewell Page 8