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Contents.
cxxxvii
| Essay. | Page | |
| i. an appeal will lie from the State courts to the Supreme Court of the United States, | No. LXXXII. | 574 |
| ii. the appellate jurisdiction of the inferior Fœderal courts, in such cases, considered, | 575 | |
| D. objection, that no provision has been introduced into the proposed Constitution to establish the right of trial by jury in civil cases, considered, | LXXXIII. | 576 |
| a. the disingenuous form of the objection considered, | 577 | |
| i. the silence of the Constitution on this subject, | 577 | |
| ii. rules of legal interpretation applicable to this case, considered, | 577 | |
| iii. "a power to constitute courts is a power to prescribe the mode of trial" therein, | 578 | |
| iv. concluding remarks, | 578 | |
| b. the proper use and true meaning of the maxims on which the objection rests, | 579 | |
| c. the importance of the right of trial by jury considered, | 581 | |
| i. its importance in criminal cases conceded, | 581 | |
| ii. its relative unimportance in civil cases maintained, | 581 | |
| i. a safeguard against undue taxation, denied, | 582 | |
| ii. it affords security against official corruption, | 583 | |
| iii. it is useful in settling questions of property, | 584 | |
| iii. the extent to which juries are employed in different States, | 584 | |
| d. "no general rule could have been fixed upon by the Convention which would have corresponded with the circumstances of all the States," | 586 | |
| e. "as much might have been hazarded by taking the system of any one State as a standard, as by omitting it altogether" and leaving it to the Congress, | 586 | |
| f. the difficulty of establishing a general constitutional rule, | 586 | |
| i. the impropriety of its use in many cases, | 587 | |
| i. those in which the foreign relations of the United States are concerned, | 587 | |
| ii. those which belong to the equity jurisdiction, | 588 | |
| ii. "the proposition of Massachusetts" on this subject considered, | 589 | |
| iii. the provision of the constitution of New York on this subject considered, | 591 | |
| iv. the proposition that it should be established in all cases whatever, | 592 | |
| v. concluding remarks, | 592 | |
| c. other objections to the proposed Constitution considered and answered, | LXXXIV. | 594 |
