l be
vested in one Supreme Court, and in such inferior courts as Congress
shall ordain and establish"; and it then proceeds to enumerate the cases
to which this judicial power shall extend. It afterwards divides the
jurisdiction of the Supreme Court into original and appellate, but
gives no definition of that of the subordinate courts. The only outlines
described for them, are that they shall be "inferior to the Supreme
Court," and that they shall not exceed the specified limits of the
federal judiciary. Whether their authority shall be original or
appellate, or both, is not declared. All this seems to be left to the
discretion of the legislature. And this being the case, I perceive at
present no impediment to the establishment of an appeal from the State
courts to the subordinate national tribunals; and many advantages
attending the power of doing it may be imagined. It would diminish the
motives to the multiplication of federal courts, and would admit of
arrangements calculated to contract the appellate jurisdiction of the
Supreme Court. The State tribunals may then be left with a more entire
charge of federal causes; and appeals, in most cases in which they may
be deemed proper, instead of being carried to the Supreme Court, may be
made to lie from the State courts to district courts of the Union.

PUBLIUS

1. No. 31.

2. Sec. 8, Art. 1.

FEDERALIST No. 83

The Judiciary Continued in Relation to Trial by Jury

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

HAMILTON

To the People of the State of New York:

THE objection to the plan of the convention, which has met with most
success in this State, and perhaps in several of the other States, is
that relative to the want of a constitutional provision for the trial
by jury in civil cases. The disingenuous form in which this objection
is usually stated has been repeatedly adverted to and exposed, but
continues to be pursued in all the conversations and writings of the
opponents of the plan. The mere silence of the Constitution in regard to
civil causes, is represented as an abolition of the trial by jury,
and the declamations to which it has afforded a pretext are artfully
calculated to induce a persuasion that this pretended abolition is
complete and universal, extending not only to every species of civil,
but even to criminal causes. To argue with respect to the latter would,
however, be as vain and fruitless as to attempt the serious proo