Page:The Records of the Federal Convention of 1787 Volume 3.djvu/313

 but as I think that those eight states which have adopted the constitution will not recede, I am a friend to the union.

ⅭⅭⅥ.

June 6, 1788.

The trial by jury in criminal cases is secured—in civil cases it is not so expressly secured, as I could 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.

ⅭⅭⅦ.

June 7, 1788.

The system under consideration is objected to in an unconnected and irregular manner: detached parts are attacked without considering the whole: this, sir, is disingenuous and unreasonable. Ask if the powers be unnecessary. If the end proposed can be obtained by any other means, the powers may be unnecessary. Infallibility was not arrogated by the convention; they included in the system those powers they thought necessary …

As to the mode of paying taxes, little need be said—it is immaterial which way they are to be paid; for they are to be paid only once. I had an objection which pressed heavily on my mind—I was solicitous to know the objects of taxation. I wished to make some discrimination with regard to the demands of congress, and of the states, on the same object. As neither can restrain the other in this case; as the power of both is unlimited, it will be their interest mutually to avoid interferences. It will most certainly be the interest of either to avoid imposing a tax on an article, which shall have been previously taxed by the other. This consideration, and the structure of the government satisfy me.