reafter institute any new
courts but such as shall proceed according to the course of the common
law.

There can be no doubt that if the new government be adopted in all its
latitude, every one of these paragraphs will become a dead letter: nor
will it solve any difficulties, if the United States guarantee "to every
state in the union a republican form of government;" we may be allowed the
form and not the substance, and that it was so intended will appear from
the changing the word _constitution_ to the word _form_ and the omission
of the words, _and its existing laws_. And I do not even think it
uncharitable to suppose that it was designedly done; but whether it was so
or not, by leaving out these words the jurisprudence of each state is left
to the mercy of the new government. By 1st art., 8th sec., 1st clause,
"The Congress shall have power to lay and collect taxes, duties, imposts
and excises, to pay the debts and provide for the common defence and
general welfare of the United States."

By the 9th clause of the same section, "To constitute tribunals inferior
to the court."

By the 18th clause, "To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all other powers
vested by this constitution in the government of the United States, or in
any department thereof."

The 3d art., 1st sec., "The judicial power of the United States shall be
vested in one supreme court, and in such inferior courts as the Congress
may from time to time ordain and establish."

By sec. 2nd, "The judicial power shall extend to all cases in law and
equity." To have in various instances an original and exclusive, in others
a concurrent jurisdiction, and the supreme court in many cases an
appellate jurisdiction, both as to law and fact. It provides, indeed, that
the trial for crimes shall be by jury, but has left the trial in civil
matters to the mercy of construction and their own legislative sovereign
will and pleasure.

By the 3d art., 3d sec., "The Congress shall have power to declare the
punishment of treason, but no attainder shall work a corruption of blood
or forfeiture, except during the life of the person attainted." By 1st
art., 9th sec., 3d clause, "No bill of attainder or ex post facto law
shall be passed."

XVII, XVIII, XIX, XX, XXI, XXIII, XL.

The 17th orders "That the supreme executive power and authority of this
State shall be vested in a governor." By the 18th he i