The Federalist Papers - Alexander Hamilton [1]
*VideBlackstone’sCommentaries, Vol. I., p. 257.
* Candor, however, demands an acknowledgment that I do not think the claim of the governor to a right of nomination well founded. Yet it is always justifiable to reason from the practice of a government till its propriety has been constitutionally questioned. And independent of this claim, when we take into view the other considerations and pursue them through all their consequences, we shall be inclined to draw much the same conclusion.
‡Ibid. Phidias was supposed to have stolen some public gold, with the connivance of Pericles, for the embellishment of the statue of Minerva.
* New York has no council except for the single purpose of appointing to offices; New Jersey has a council whom the governor may consult. But I think, from the terms of the Constitution, their resolutions do not bind him.
* De Lolme.
* Ten
* This was the case with respect to Mr. Fox’s India bill, which was carried in the House of Commons and rejected in the House of Lords, to the entire satisfaction, as it is said, of the people.
*Mr. Abraham Yates, a warm opponent of the plan of the convention, is of this number.
* The celebrated Montesquieu, speaking of them, says: "Of the three powers above mentioned, the JUDICIARY is next to nothing."—Spirit of Laws, Vol. I, page 186.
*Idem, page 181.
*Vide Protest of the Minority of the Convention of Pennsylvania, Martin’s speech, etc.
*VideConstitution of Massachusetts, Chapter 2, Section 1, Article 13.
* Article 3, Section 1.
§Ibid.
* This power has been absurdly represented as intended to abolish all the county courts in the several States which are commonly called inferior courts. But the expressions of the Constitution are to constitute "tribunals INFERIOR TO THE SUPREME COURT"; and the evident design of the provision is to enable the institution of local courts, subordinate to the Supreme, either in States or larger districts. It is ridiculous to imagine that county courts were in contemplation.
* This word is composed of JUS and DICTO, juris, dictio, or a speaking or pronouncing of the law.
* I hold that the States will have concurrent jurisdiction with the subordinate federal judicatories in many cases of federal cognizance as will be explained in my next paper.
* No. 32.
* Section 8, Article 1.
* It has been erroneously insinuated, with regard to the court of chancery, that this court generally tries disputed facts by a jury. The truth is that references to a jury in that court rarely happen, and are in no case necessary but where the validity of a devise of land comes into question.
* It is true that the principles by which that relief is governed are now reduced to a regular system; but it is not the less true that they are in the main applicable to SPECIAL circumstances, which form exceptions to general rules.
*Vide No. 81 in which the supposition of its being abolished by the appellate jurisdiction in matters of fact being vested in the Supreme Court is examined and refuted.
*Vide Blackstone’s Commentaries, Vol. 1, Page 136.
† Idem, Vol. 4, Page 438.
|| Worn by the popes.
* To show that there is a power in the Constitution by which the liberty of the press may be affected, recourse has been had to the power of taxation. It is said that duties may be laid upon the publications so high as to amount to a prohibition. I know not by what logic it could be maintained that the declarations in the State constitutions, in favor of the freedom of the press, would be a constitutional impediment to the imposition of duties upon publications by the State legislatures. It cannot certainly be pretended that any degree of duties, however low, would be an abridgment of the liberty of the press. We know that newspapers are taxed in Great Britain, and yet it is notorious that the