[Footnote 81: Wilson, Ellsworth, and Marshall.] [Footnote 82: Supra, p. 89.] [Footnote 83: Alfred Moore.] [Footnote 84: Elliot's Debates, Vol. III, pp. 324-325.] [Footnote 85: Political Science and Constitutional Law, Vol. II, p. 365.] [Footnote 86: Burgess, Political Science and Constitutional Law, Vol. II, p. 365.] [Footnote 87: Infra, pp. 119-122.] [Footnote 88: Boutmy, Studies in Constitutional Law, pp. 117-118 (Eng. Trans.).] [Footnote 89: Referring to the power of the Supreme Court in our scheme of government, Jefferson said "It is a misnomer to call a government republican, in which a branch of the supreme power is independent of the nation." Works, Vol. X, p. 199.] [Footnote 90: Lee, Source Book of English History, p. 336.] [Footnote 91: Commentaries on the Constitution of the United States, sec. 1399; cf. Infra pp. 321-325.] [Footnote 92: Constitutional History as Seen in American Law, p. 80.] [Footnote 93: _Ibid._, p. 258.] [Footnote 94: For a list of these cases see United States Supreme Court Reports, Vol. 131. Appendix CCXXXV. Banks and Brothers Edition.] [Footnote 95: Dissenting opinion Inter-State Commerce Commission, v. Alabama Midland Railway Company, 168 United States, 144.] [Footnote 96: For a discussion of these cases see "The Legal Tender Decisions" by E.J. James, Publications of the American Economic Association, Vol. III.] [Footnote 97: Report of the Am. Bar Association, 1895, p. 246.] [Footnote 98: For a discussion of this recent use of the injunction by our Federal Courts see Annual Address of the President of the Georgia Bar Association, John W. Akin, on "Aggressions of the Federal Courts," 1898; W.H. Dunbar, "Government by Injunction," Economic Studies, Vol. III; Stimson, Handbook of Am. Labor Laws.] [Footnote 99: "We should like to see the law so changed that any man arrested for contempt of court, for an act not performed in the presence of the court and during judicial proceedings, should have a right to demand trial by jury before another and an impartial tribunal. It is not safe, and therefore it is not right, to leave the liberties of the citizens of the United States at the hazard involved in conferring such autocratic power upon judges of varied mental and moral caliber as are conferred by the equity powers which our courts have inherited through English precedents." Editorial in the _Outlook_, Vol. LXXIV, p. 871.] [Footnote 100: C.H. Butler, Treaty-Making Power of the United States, Vol. II, p. 347.] [Footnote 101: Art. III, sec. 2.] [Footnote 102: The constitutions of Maine (since 1820), Rhode Island (since 1842), Florida (since 1875), and Missouri (constitution of 1865, but omitted in constitution of 1875 and since).