ate to which they belonged. And even
where this had not been done, it would be natural that the judges,
as men, should feel a strong predilection to the claims of their own
government.

Having thus laid down and discussed the principles which ought to
regulate the constitution of the federal judiciary, we will proceed to
test, by these principles, the particular powers of which, according to
the plan of the convention, it is to be composed. It is to comprehend
"all cases in law and equity arising under the Constitution, the laws
of the United States, and treaties made, or which shall be made, under
their authority; to all cases affecting ambassadors, other public
ministers, and consuls; to all cases of admiralty and maritime
jurisdiction; to controversies to which the United States shall be a
party; to controversies between two or more States; between a State and
citizens of another State; between citizens of different States; between
citizens of the same State claiming lands and grants of different
States; and between a State or the citizens thereof and foreign states,
citizens, and subjects." This constitutes the entire mass of the
judicial authority of the Union. Let us now review it in detail. It is,
then, to extend:

First. To all cases in law and equity, arising under the Constitution
and the laws of the United States. This corresponds with the two
first classes of causes, which have been enumerated, as proper for the
jurisdiction of the United States. It has been asked, what is meant
by "cases arising under the Constitution," in contradiction from those
"arising under the laws of the United States"? The difference has been
already explained. All the restrictions upon the authority of the State
legislatures furnish examples of it. They are not, for instance, to emit
paper money; but the interdiction results from the Constitution, and
will have no connection with any law of the United States. Should paper
money, notwithstanding, be emited, the controversies concerning it would
be cases arising under the Constitution and not the laws of the United
States, in the ordinary signification of the terms. This may serve as a
sample of the whole.

It has also been asked, what need of the word "equity". What equitable
causes can grow out of the Constitution and laws of the United States?
There is hardly a subject of litigation between individuals, which may
not involve those ingredients of fraud, accident, trust, or hards