ason already intimated, it
should be thought too extensive, it might be qualified with a limitation
to such causes only as are determinable at common law in that mode of
trial.

The amount of the observations hitherto made on the authority of the
judicial department is this: that it has been carefully restricted
to those causes which are manifestly proper for the cognizance of the
national judicature; that in the partition of this authority a very
small portion of original jurisdiction has been preserved to the Supreme
Court, and the rest consigned to the subordinate tribunals; that the
Supreme Court will possess an appellate jurisdiction, both as to law and
fact, in all the cases referred to them, both subject to any exceptions
and regulations which may be thought advisable; that this appellate
jurisdiction does, in no case, abolish the trial by jury; and that an
ordinary degree of prudence and integrity in the national councils
will insure us solid advantages from the establishment of the proposed
judiciary, without exposing us to any of the inconveniences which have
been predicted from that source.

PUBLIUS

1. Article 3, Sec. 1.

2. 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.

3. This word is composed of JUS and DICTIO, juris dictio or a speaking
and pronouncing of the law.

4. 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.

FEDERALIST No. 82

The Judiciary Continued.

From McLEAN's Edition, New York. Wednesday, May 28, 1788

HAMILTON

To the People of the State of New York:

THE erection of a new government, whatever care or wisdom may
distinguish the work, cannot fail to originate questions of intricacy
and nicety; and these may, in a particular manner, be expected to flow
from the establishment of a constitution founded upon the total or
partial incorporation of a number of distinct sovereignties. 'Tis time
only that can mature and perfect