dominates the rest of the confederation. But the Confederation of
1781 possessed no such giant member; it approximated a union of
equals, and in theory it was entirely such.*

* By the Articles of Confederation Congress itself was made "the
last resort of all disputes and differences...between two or
more States concerning boundary, jurisdiction, or any other cause
whatever." It was also authorized to appoint "courts for the
trial of piracies and felonies committed on the high seas" and
"for receiving and determining finally appeals in all cases of
capture." But even before the Articles had gone into operation,
Congress had, as early as 1779, established a tribunal for such
appeals, the old Court of Appeals in Cases of Capture. Thus at
the very outset, and at a time when the doctrine of state
sovereignty was dominant, the practice of appeals from state
courts to a supreme national tribunal was employed, albeit within
a restricted sphere. Yet it is less easy to admit that the Court
of Appeals was, as has been contended by one distinguished
authority. "not simply the predecessor but one of the origins of
the Supreme Court of the United States." The Supreme Court is the
creation of the Constitution itself; it is the final interpreter
of the law in every field of national power; and its decrees are
carried into effect by the force and authority of the Government
of which it is one of the three coordinate branches. That earlier
tribunal, the Court of Appeals in Cases of Capture, was, on the
other hand, a purely legislative creation; its jurisdiction was
confined to a single field, and that of importance only in time
of war; and the enforcement of its decisions rested with the
state governments.