Page:Debates in the Several State Conventions, v3.djvu/594

578 may they not flourish and triumph upon the ruins of their country?

He then proceeded to state the appellate jurisdiction of the judicial power, both as to law and fact, with such exceptions and under such regulations as Congress shall make. He observed, that, as Congress had a right to organize the federal judiciary, they might or might not have recourse to a jury, as they pleased. He left it to the candor of the honorable gentleman to say whether those persons who were at the expense of taking witnesses to Philadelphia, or wherever the federal judiciary may sit, could be certain whether they were to be heard before a jury or not. An honorable gentleman (Mr. Marshall) the other day observed, that he conceived the trial by jury better secured under the plan on the table than in the British government, or even in our bill of rights. I have the highest veneration and respect for the honorable gentleman, and I have experienced his candor on all occasions ; but, Mr. Chairman, in this instance, he is so materially mistaken that I cannot but observe, he is much in error. I beg the clerk to read that part of the Constitution which relates to trial by jury. [The clerk then read the 8th article of the bill of rights.]

Mr. MARSHALL rose to explain what he had before said on this subject: he informed the committee that the honorable gentleman (Mr. Henry) must have misunderstood him. He said that he conceived the trial by jury was as well secured, and not better secured, in the proposed new Constitution as in our bill of rights. [The clerk then read the 11th article of the bill of rights.]

Mr. HENRY. Mr. Chairman: the gentleman's candor, sir, as I informed you before, I have the highest opinion of, and am happy to find he has so far explained what he meant; but, sir, has he mended the matter? Is not the ancient trial by jury preserved in the Virginia bill of rights? and is that the case in the new plan? No, sir; they can do it if they please. Will gentlemen tell me the trial by a jury of the vicinage where the party resides is preserved? True, sir, there is to be a trial by the jury in the state where the fact was committed; but, sir, this state, for instance, is so large that your juries may be collected five hundred miles from where the party resides—no neighbors who are acquainted with their characters, their good or bad conduct in