Page:Debates in the Several State Conventions, v3.djvu/84

68 subsequent amendments; her influence must be very considerable to obtain them. I trust my countrymen have sufficient wisdom and virtue to entitle them to equal respect. Is it urged that, being wiser, we ought to prescribe amendments to the other states? I have considered this subject deliberately; wearied myself in endeavoring to find a possibility of preserving the Union, without our unconditional ratification; but, sir, in vain; I find no other means. I ask myself a variety of questions applicable to the adopting states, and I conclude, Will they repent of what they have done? Will they acknowledge themselves in an error? Or will they recede, to gratify Virginia? My prediction is, that they will not. Shall we stand by ourselves, and be severed from the Union, if amendments cannot be had? I have every reason for determining within myself that our rejection must dissolve the Union; and that that dissolution will destroy our political happiness. The honorable gentleman was pleased to draw out several other arguments out of order,—that this government would destroy the state governments, the trial by jury, &c. &c.,—and concluded by an illustration of his opinion by a reference to the confederacy of the Swiss. Let us argue with unprejudiced minds. They say that the trial by jury is gone. Is this so? Although I have declared my determination to give my vote for it, yet I shall freely censure those parts which appear to me reprehensible.

The trial by jury in criminal cases is secured; in civil cases it is not so expressly secured as I should wish it; but it does not follow that Congress has the power of taking away this privilege, which is secured by the constitution of each state, and not given away by this Constitution. I have no fear on this subject. Congress must regulate it so as to suit every state. I will risk my property on the certainty that they will institute the trial by jury in such manner as shall accommodate the conveniences of the inhabitants in every state. The difficulty of ascertaining this accommodation was the principal cause of its not being provided for. It will be the interest of the individuals composing Congress to put it on this convenient footing. Shall we not choose men respectable for their good qualities? Or can we suppose that men tainted with the worst vices will get into Congress? I beg leave to differ from the honorable gentleman in another