Page:Debates in the Several State Conventions, v2.djvu/567

Rh destroys that trial in civil cases, but, by construction, may also elude it in criminal cases—a mode of proceeding both expensive and burdensome, and which, by blending law with fact, will destroy all check on the judiciary authority, render it almost impossible to convict judges of corruption, and may lay the foundation of that gradual and silent attack on individuals, by which the approaches of tyranny become irresistible. 2d. To give a concurrent jurisdiction to the state courts, in order that Congress may not be compelled, as they will be under the present form, to establish inferior federal courts, which, if not numerous, are very expensive; the circumstances of the people being unequal to the increased expense of double courts and double officers—an arrangement that will render the law so complicated and confused, that few men can know how to conduct themselves with safety to their persons or property, the great and only security of freemen. 3d. To give such jurisdiction to the state courts that transient foreigners, and persons from other states, committing injuries in this state, may be amenable to the state whose laws they violate and whose citizens they injure. 4th To prevent an extension of the federal jurisdiction, which may, and in all probability will, swallow up the state jurisdictions, and consequently sap those rules of descent and regulations of personal property, by which men hold their estates. And lastly, to secure the independence of the federal judges, to whom the happiness of the people of this great continent will be so greatly committed by the extensive powers assigned them.

8. That all warrants without oath, or affirmation of a person conscientiously scrupulous of taking an oath, to search suspected places, or seize any person or his property, are grievous and oppressive; and all general warrants to search suspected places, or to apprehend any person suspected, without naming or describing the place or person in special, are dangerous, and ought not to be granted.

This amendment was considered indispensable by many of the committee; for, Congress having the power of laying excises, (the horror of a free people,) by which our dwelling houses, those; castles considered so sacred by the English law, will be laid open to the insolence and oppression of office, there could be no constitutional cheek provided that would prove so effectual a Safeguard to our citizens. General warrants, too, the great engine by which power may destroy those individuals who resist usurpation, are also