Page:The Records of the Federal Convention of 1787 Volume 2.djvu/593

 P. ECOl%DS OF THE FEDERAL CONVENTION 587 Wednesday MADISON September to be elected by the Legislature and for seven years-- He is now to be elected by the people and for four years. The object of the revisionary power is twofold. I. to defend the Executive Rights 2. to prevent popular or factious injustice. It was an important principle in this & in the State Constitu- tions to check legislative injustice and incroachments. The Experience of the States had demonstrated that their checks are insufficient. We must compare the danger from the weakness of  with the danger from the strength of . He thought on the whole the former was the greater. As to the difficulty of repeals, it was probable that in doubtful cases the policy would soon take place of limiting the duration of laws so as to require renewal instead of repeal. The reconsideration being agreed to On the question to insert  in place of N--H--divd. Mas. no. Ct. ay. N--J. ay. Pa. no. Del. no. Md. ay. Mr McHenry no. Va no. Genl. Washington Mr. Blair, Mr. M'adison no. Col. Mason, Mr. Randolph ay. N-- C.-- ay. S-- C. ay. Geo. ay. [Ayes--6; noes--4; divided- .] Mr. Williamson, observed to the House that no provision was yet made for juries in Civil cases and suggested the necessity of Mr. Gorham. It is not possible to discriminate equity cases from those in which juries are proper. The Represen- tatives of the people may be safely trusted in this matter. Mr. Gerry urged the necessity of Juries to guard agst. cor- rupt Judges. He proposed that the Committee last appointed should be directed to provide a clause for securing the trial by Juries. Col: Mason perceived the difficulty mentioned by Mr. Gorham. The jury cases cannot be specified. A general prin- ciple laid down on this and some other points would be suffi- cient. He wished the plan had been prefaced with a Bill of Rights, & would second a Motion if made for the purpose It would give great quiet to the people; and with the aid of See Appendix A, CXXV, CXLVIa, CL, CLIII, CLVIII (85-86), CLXX, CLXXXIX, CXCVIII, CXCIX, CCVI, CCXV, CCXXVIII, CCXXX.

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