Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
Section 2, of Article III. provides, among other things, that the trial of
all crimes, except in cases of impeachment, shall be by jury; and such
trial shall be held in the state where the crime shall have been
committed; but when not committed within any state, the trial shall be at
such place or places, as Congress may by law have directed. It has been
frequently asserted that the new constitution deprived the subject of the
right of trial by jury; on what grounds such an assertion could be
founded, is to me a mystery; for the constitution expressly says, that the
trial shall be by jury, except in cases of impeachment. In our own state,
if a civil officer is impeached he will not be tried by a jury, but by
that branch of our legislature styled the senate. Tired, no doubt, with a
repetition of arguments, upon parts of the constitution which did not
appear quite plain till investigated and rightly construed, the
anti-federalists have taken upon them to assert things which the proposed
system does not afford them the least grounds for. Presumptuous, indeed,
must they be in the highest degree, if they suppose any will be so blind
as to listen to the most palpable falsehoods, uttered by them. Their
conduct seems to evince, that they harbour sentiments similar to those of
the Romish priests, in countries where the common people have scarcely any
knowledge of things wherein their interests are insuperably connected, and
imbibe their principles wholly from what the priests think proper to
inform them. But such artifices will not avail to practice upon the
inhabitants of America; for here, almost all have some knowledge of
government, derived from their own study and experience; and very few are
so stupidly ignorant as to believe all that is circulated by minions and
miscreants.
Section 3, of article III. provides, that Congress shall have power to
declare the punishment of treason, but no attainder of treason shall work
corruption of blood, or forfeiture, except during the life of the person
attainted.—This section is truly republican in every sense of the
expression, and is of itself fully adequate to proving that the members of
the federal convention were actuated by principles the most liberal and
free—this single section alone is sufficient to enroll their proceedings
on the records of immortal fame.
Contrast this section with the laws of England, in regard to treason, and,
notwithstanding the boasted rights of the subject in that isle, we shall
find our own in this, as well as almost every other particular, far to
exceed them.
Section 1, of article IV. says, full faith and credit shall be given in
each state, to the publick acts, records and judicial proceedings of every
other state. The benefit to be derived from such a regulation must be
great, especially to those who are sometimes obliged to have recourse to
law, for the settlement of their affairs.
Public-domain text, read in full here on John Shaqi.
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