Note 1
Mr. Abraham Yates, a warm opponent of the plan of the convention is of this number.
Read the note69 notes in Reading edition. Follow a thought back to its place in the book.
Mr. Abraham Yates, a warm opponent of the plan of the convention is of this number.
Read the noteThe celebrated Montesquieu, speaking of them, says: “Of the three powers above mentioned, the judiciary is next to nothing.” Spirit of Laws. vol. i., page 186.
Read the noteIdem, page 181.
Read the noteVide Protest of the Minority of the Convention of Pennsylvania, Martin’s Speech, etc.
Read the noteVide Constitution of Massachusetts, chapter 2, section 1, article 13.
Read the noteArticle 3, sec. 1.
Read the noteThis 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 C…
Read the noteThis word is composed of JUS and DICTIO, juris dictio or a speaking and pronouncing of the law.
Read the noteI 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.
Read the noteNo. 32.
Read the noteSection 8, Article 1.
Read the noteIt has been erroneously insinuated, with regard to the court of chancery, that this court generally tries disputed facts by a jury. The truth is, that references to a jury in that …
Read the noteIt is true that the principles by which that relief is governed are now reduced to a regular system; but it is not the less true that they are in the main applicable to SPECIAL cir…
Read the noteVide No. 81, in which the supposition of its being abolished by the appellate jurisdiction in matters of fact being vested in the Supreme Court, is examined and refuted.
Read the noteVide Blackstone’s Commentaries, vol. 1., p. 136.
Read the noteVide Blackstone’s Commentaries, vol. iv., p. 438.
Read the noteTo show that there is a power in the Constitution by which the liberty of the press may be affected, recourse has been had to the power of taxation. It is said that duties may be l…
Read the noteVide Rutherford’s Institutes, Vol. 2, Book II, Chapter X, Sections XIV and XV. Vide also Grotius, Book II, Chapter IX, Sections VIII and IX.
Read the noteEntitled “An Address to the People of the State of New York.”
Read the noteIt may rather be said TEN, for though two thirds may set on foot the measure, three fourths must ratify.
Read the noteHume’s Essays, vol. i., page 128: “The Rise of Arts and Sciences.”
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