Page:Debates in the Several State Conventions, v3.djvu/263

.] They have a reliance on Parliament for its protection and security. In the time of King William, there passed an act for licensing the press. That was repealed. Since that time, it has been looked upon as safe. The people have depended on their representatives. They will not consent to pass an act to infringe it, because such an act would irritate the nation. It is equally secure with us. As to the trial by jury, consider in what situation it is by the state Constitution. It is not on a better footing. It is by implication under the control of the legislature, because it has left particular cases to be decided by the legislature. Here it is secured in criminal cases, and left to the legislatures in civil cases. One instance will prove the evil tendency of fixing it in the Constitution. It will extend to all cases. Causes in chancery, which, strictly speaking, never are, nor can be, well tried by a jury, would then be tried by that mode, and could not be altered, though found to be inconvenient.

But taxes are to be increased, we are told. I think they will not. I am clearly of opinion that the deduction in the civil list of the states will be equal to the increase of that of the general government. Then the increase of custom-house officers is dreaded. The present custom-house officers will be sufficient in the hands of Congress ; so that as much as economy will take place, so far the revenues will be increased. Mr. Nicholas concluded by making a few observations on the general structure of the government, and its probable happy operation. He said that it was a government calculated to suit almost any extent of territory. He then quoted the opinion of the celebrated Montesquieu, from vol. i., book 9, where that writer speaks of a confederate republic as the only safe means of extending the sphere of a republican government to any considerable degree.

, June 11, 1788.

Mr. MADISON. Mr. Chairman, it was my purpose to resume, before now, what I had left unfinished concerning the necessity of a radical change of our system. The intermission which has taken place discontinued the progress of the argument, and has given opportunity to others to advance arguments on different parts of the plan. I hope we shall