711; Kent's "Commentaries," vol.i.

p.
364.
It is to be observed that whenever the exclusive right of regulating certain matters is not reserved to Congress by the Constitution, the States may take up the affair until it is brought before the National Assembly.

For instance, Congress has the right of making a general law on bankruptcy, which, however, it neglects to do.

Each State is then at liberty to make a law for itself.

This point has been established by discussion in the law-courts, and may be said to belong more properly to jurisprudence.] But as it was foreseen that, in practice, questions might arise as to the exact limits of this exceptional authority, and that it would be dangerous to submit these questions to the decision of the ordinary courts of justice, established in the States by the States themselves, a high Federal court was created, *f which was destined, amongst other functions, to maintain the balance of power which had been established by the Constitution between the two rival Governments.