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.
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