The Federalist Papers · Federalist No. 83 · paragraph 24

But this is not, in my estimation, the greatest objection. I feel a deep and deliberate conviction that there are many cases in which the trial by jury is an ineligible one. I think it so particularly in cases which concern the public peace with foreign nations that is, in most cases where the question turns wholly on the laws of nations. Of this nature, among others, are all prize causes. Juries cannot be supposed competent to investigations that require a thorough knowledge of the laws and usages of nations; and they will sometimes be under the influence of impressions which will not suffer them to pay sufficient regard to those considerations of public policy which ought to guide their inquiries. There would of course be always danger that the rights of other nations might be infringed by their decisions, so as to afford occasions of reprisal and war. Though the proper province of…

Publius · Alexander Hamilton, John Jay, James Madison · 1787–1788
Project Gutenberg #18, updated 11 October 2025; its author-attribution labels and source notes are retained. The supplied file does not identify one uniform underlying print edition.
Passage preview. Read in context for the complete text, notes and references.