This legal conscience manifestly constitutes the only guarantee, for example, of the division of powers between the state and federal governments, that chief arrangement of our constitutional system. The integrity of the powers possessed by the States has from the first depended solely upon the conservatism of the federal courts. State functions have certainly not decayed; but they have been preserved, not by virtue of any forces of self-defence of their own, but because the national government has been vouchsafed the grace of self-restraint. What curtailment their province might suffer has been illustrated in several notable cases in which the Supreme Court of the United States has confirmed to the general government extensive powers of punishing state judicial and executive officers for disobedience to state laws. Although the federal courts have generally held Congress back from aggressions upon the States, they have nevertheless once and again countenanced serious encroachments upon state powers; and their occasional laxity of principle on such points is sufficiently significant of the fact that there is no _balance_ between the state and federal governments, but only the safeguard of a customary ‘constitutional morality’ on the part of the federal courts. The actual encroachments upon state rights which those courts have permitted, under the pressure of strong political interests at critical periods, were not, however, needed to prove the potential supremacy of the federal government. They only showed how that potential supremacy would on occasion become actual supremacy. There is no guarantee but that of conscience that justice will be accorded a suitor when his adversary is both court and opposing litigant. So strong is the instinct of those who administer our governments to keep within the sanction of the law, that even when the last three amendments to the Constitution were being forced upon the southern states by means which were revolutionary the outward forms of the Constitution were observed. It was none the less obvious, however, with what sovereign impunity the national government might act in stripping those forms of their genuineness. As there are times of sorrow or of peril which try men’s souls and lay bare the inner secrets of their characters, so there are times of revolution which act as fire in burning away all but the basic elements of constitutions. It is then, too, that dormant powers awake which are not afterward readily lulled to sleep again.