he specification of
an obligation to try all criminal causes in a particular mode, excludes
indeed the obligation or necessity of employing the same mode in civil
causes, but does not abridge the power of the legislature to exercise
that mode if it should be thought proper. The pretense, therefore, that
the national legislature would not be at full liberty to submit all the
civil causes of federal cognizance to the determination of juries, is a
pretense destitute of all just foundation.

From these observations this conclusion results: that the trial by jury
in civil cases would not be abolished; and that the use attempted to
be made of the maxims which have been quoted, is contrary to reason and
common-sense, and therefore not admissible. Even if these maxims had a
precise technical sense, corresponding with the idea of those who employ
them upon the present occasion, which, however, is not the case, they
would still be inapplicable to a constitution of government. In relation
to such a subject, the natural and obvious sense of its provisions,
apart from any technical rules, is the true criterion of construction.

Having now seen that the maxims relied upon will not bear the use made
of them, let us endeavor to ascertain their proper use and true meaning.
This will be best done by examples. The plan of the convention declares
that the power of Congress, or, in other words, of the national
legislature, shall extend to certain enumerated cases. This
specification of particulars evidently excludes all pretension to a
general legislative authority, because an affirmative grant of special
powers would be absurd, as well as useless, if a general authority was
intended.

In like manner the judicial authority of the federal judicatures is
declared by the Constitution to comprehend certain cases particularly
specified. The expression of those cases marks the precise limits,
beyond which the federal courts cannot extend their jurisdiction,
because the objects of their cognizance being enumerated, the
specification would be nugatory if it did not exclude all ideas of more
extensive authority.

These examples are sufficient to elucidate the maxims which have been
mentioned, and to designate the manner in which they should be used. But
that there may be no misapprehensions upon this subject, I shall add one
case more, to demonstrate the proper use of these maxims, and the abuse
which has been made of them.

Let us suppose tha