your hands, and subject to your
advice. Protected and cherished by the small addition of power which you
shall put into their hands, you may become a great and respectable nation.
It is complained that the powers of the national judiciary are too
extensive. This objection appears to have the greatest weight in the eyes
of gentlemen who have not carefully compared the powers which are to be
delegated, with those that had been formerly delegated to Congress. The
powers now to be committed to the national legislature, as they are
detailed in the 8th section of the first article, have already been
chiefly delegated to the Congress, under one form or another, except those
which are contained in the first paragraph of that section. And the
objects that are now to be submitted to the supreme judiciary, or to the
inferior courts, are those which naturally arise from the constitutional
laws of Congress. If there is a single new case that can be exceptional,
it is that between a Foreigner and a Citizen, or that between the Citizens
of different States. These cases may come up by appeal. It is provided in
this system, that there shall be no fraudulent tender in the payments of
debts. Foreigners with whom we have treaties will trust our citizens on
the faith of this engagement; and the citizens of different states will do
the same. If the Congress had a negative on the laws of the several
states, they would certainly prevent all such laws as might endanger the
honor or peace of the nation, by making a tender of base money; but they
have no such power, and it is at least possible that some state may be
found in this union, disposed to break the constitution, and abolish
private debts by such tenders. In these cases the courts of the offending
state would probably decide according to its own laws. The foreigner would
complain, and the nation might be involved in war for the support of such
dishonest measures. Is it not better to have a court of appeals in which
the judges can only be determined by the laws of the nation? This court is
equally to be desired by the citizens of different states. But we are told
that justice will be delayed, and the poor will be drawn away by the rich
to a distant court. The authors of this remark have not fully considered
the question, else they must have recollected that the poor of this
country have little to do with foreigners or with the citizens of distant
states. They do not consider that there may
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