Page:Federalist, Dawson edition, 1863.djvu/138

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cxxxvi
Contents.
Essay. Page
i. the Fœderal courts have no authority to enforce the payment of their debts by the individual States, No. LXXXI. 567
ii. the original jurisdiction of the inferior courts considered, 568
iii. the appellate jurisdiction of the Supreme Court considered, 568
i. the meaning of the term "appellate" discussed, 568
ii. a review of matters of fact by the Supreme Court not to be implied as a necessary consequence, 569
iii. the motives which probably influenced the Convention in relation to this particular provision, 570
iv. the Congress will have authority to restrain the Supreme Court from reexamining matters of fact, 570
v. concluding remarks, 571
e. the jurisdiction of the State courts on Fœderal questions considered, LXXXII. 571
i. the individual States "will retain all preëxisting authorities which may not be exclusively delegated to the Fœderal head," 572
i. in what that "exclusive delegation" consists, 572
ii. "the State courts will retain the jurisdiction they now have, unless it appears to be taken away by exclusive delegation," 572
i. "the concurrent jurisdiction of the State tribunals the most natural and defensible construction" of the Constitution, 573
ii. this is "only clearly applicable to those descriptions of causes of which the State courts had previous cognizance," 573
iii. the decision of causes arising upon a particular regulation may be committed by the Congress to the Fœderal courts solely, if it desires to do so, 573
i. this will not divest the State courts of any part of their primitive jurisdiction, further than may relate to an appeal, 573
ii. nor, except where expressly excluded, of their right to take cognizance of the causes to which those particular regulations may give birth, 574
iv. the relation which will subsist between the State and the Fœderal courts in instances of concurrent jurisdiction, 574