NO. 81. HAMILTON. DISTRIBUTION OF THE AUTHORITY OF THE JUDICIARY. Propriety of establishing one court of final and supreme jurisdiction-Propriety of delegating judicial authority to a distinct department-Objections to this considered-This delegation of authority secures more completely the separation of the judiciary from the legislature, recognizes more fully the principle of good behavior as a tenure, secures greater legal ability, and removes the judiciary from party strife-The example of certain of the states-That no legislature can rectify judicial mistakes except as to future action, and the danger of encroachments by the judiciary on the legislature, considered-Propriety of constituting inferior courts-Relief to supreme court-State courts not fit for this-Advantage of dividing United States into judicial districts -Manner in which authority should be distributed-Original jurisdiction of supreme court-Original jurisdiction of inferior courts-Appellate jurisdiction of supreme court, NO. 82. . 538 HAMILTON. SOME MISCELLANEOUS QUESTIONS REGARD ING JUDICIARY. The jurisdiction of the state courts on federal questionsThe state courts will retain all that is not exclusively delegatedDecision of causes arising from a particular regulation may be delegated by Congress exclusively to supreme court-Relation between state and federal courts when they have concurrent jurisdiction-An appeal will lie from state courts to the supreme court―The appellate jurisdiction of the inferior federal courts, NO. 83. . 550 HAMILTON. TRIAL BY JURY IN RELATION TO NATIONAL JUDICIARY. Objection that there is no provision in the proposed constitution for trial by jury in civil cases considered-True meaning of maxims on which this objection rests-Importance of right of trial by jury considered-Criminal and civil cases-Jury system in different states-Difficulty of establishing a general ruleImpropriety of such a general rule in certain cases-The proposition of Massachusetts-The provisions of the New York constitution--The proposition that the jury system should be established in all cases whatever-Concluding remarks, NO. 84. LACK OF A BILL OF RIGHTS. . 555 HAMILTON. Bill of rights-Liberty of the press-Seat of government too remote-More provision for debts due to the United StatesAdditional expenses of new system-Concluding remarks, . 569 NO. 85. EDITOR'S TABLE OF CONTENTS. CONCLUSION. lxxi HAMILTON. Manner in which subject has been discussed-An appeal to the reader to weigh the matter carefully and act conscientiouslyConfidence of Publius in the arguments which he has advancedThe conceded imperfections no reason for delay-Extent of them exaggerated-The constitution not radically defective-Rights and interests of the people safe under constitution-Not perfect, but a good plan-The state of the country forbids delay in vainly seeking a perfect plan-Difficulty of having another conventionEasier to cure defects by amendments after the adoption-No plan can be satisfactory to all the states-Supposed obstacles in the way of making subsequent amendments considered--The ease with which a federal convention may be called to make amendments-Conclusion, 581 HAMILTON'S TABLE OF CONTENTS. PAGE III. The same subject continued.. IV. The same subject continued, V. The same subject continued, VI. Concerning dangers from war between the states, 27 VII. The subject continued and particular causes VIII. The effects of internal war in producing standing The utility of the Union as a safeguard against domestic faction and insurrection, XIV. An objection drawn from the extent of country XV. Concerning the defects of the present confedera- tion, in relation to the principle of legislation for the states in their collective capacities, XVI. The same subject continued, in relation to the XVII. The subject continued, and illustrated by exam- ples to show the tendency of federal govern- XVIII. The subject continued, with farther examples, XIX. The subject continued, with farther examples, XX. The subject continued, with farther examples, XXI. Further defects of the present constitution, XXII. The same subject continued and concluded, Concerning taxation, XXXI. The same subject continued, XXXII. The same subject continued, XXXIII. The same subject continued, XXXIV. The same subject continued, XXXV. The same subject continued, XXXVI. The same subject concluded, XXXVII. Concerning the difficulties which the convention The subject continued, and the incoherence of The same objection further examined, vested in the Union,. The same view continued, The same view continued and concluded, A further discussion of the supposed danger XLVI. The subject of the last paper resumed; with an examination of the comparative means of in- fluence of the federal and state governments, 310 XLVII. The meaning of the maxim, which requires a XLIX. The same subject continued with the same view, 334 L. The same subject continued with the same view, 339 LI. The same subject continued with the same view, Concerning the House of Representatives, with a view to the qualifications of the electors and LIII. The same subject continued, with a view of the 348 total number of the body, same point, . |