Page:The Records of the Federal Convention of 1787 Volume 3.djvu/171

 For my own part, I think the most unexceptionable mode, next after the one prescribed in this Constitution, would be that practised by the eastern States, and the State of New York; yet if gentlemen object, that an eighth part of our country forms a district too large for elections, how much more would they object, if it was extended to the whole Union! On this subject, it was the opinion of a great majority in Convention, that the thing was impracticable; other embarrassments presented themselves.

Was the president to be appointed by the legislature? Was he to continue a certain time in office, and afterwards was he to become ineligible?

…To avoid the inconveniences already enumerated, and many others that might be suggested, the mode before us was adopted.

ⅭⅬⅢ.

December 11, 1787. (afternoon).

We have been told, Sir, by the honorable member from Fayette (Mr. Smilie,) “that the trial by jury was intended to be given up, and the civil law was intended to be introduced into its place, in civil cases.”

Before a sentiment of this kind was hazarded, I think, Sir, the gentleman ought to be prepared with better proofs in its support, than any he has yet attempted to produce. It is a charge, Sir, not only unwarrantable, but cruel; the idea of such a thing, I believe, never entered into the mind of a single member of that convention; and I believe further, that they never suspected there would be found within the United States, a single person that was capable of making such a charge.…

Let us apply these observations to the objects of the judicial department, under this constitution. I think it has been shewn already, that they all extend beyond the bounds of any particular State; but further, a great number of the civil causes there enumerated, depend either upon the law of nations, or the marine law, that is, the general law of mercantile countries. Now, Sir, in such cases, I presume it will not be pretended that this mode of decision ought to be adopted; for the law with regard to them is the same here as in every other country, and ought to be administered in the same manner. There are instances in which I think it highly probable, that the trial by jury will be found proper; and if it is highly probable that it will be found proper, is it not equally probable that it