Observations on the new constitution, and on the Federal and State conventions, by a Columbian patriot — John Shaqi
Observations on the new constitution, and on the Federal and State conventions, by a Columbian patriotWarren, Mercy Otis
History
Observations on the new constitution, and on the Federal and State conventions, by a Columbian patriot
Warren, Mercy Otis
Constitutional history -- United States; United States -- Politics and government -- 1783-1789; United States. Constitution
5. The abolition of trial by jury in civil causes.—This mode of trial
the learned Judge Blackstone observes, “has been coeval with the
first rudiments of civil government, that property, liberty and life,
depend on maintaining in its legal force the constitutional trial by
jury.” He bids his readers pause, and with Sir Matthew Hale observes,
how admirably this mode is adapted to the investigation of truth
beyond any other the world can produce. Even the party who have been
disposed to swallow, without examination, the proposals of the _secret
conclave_, have started on a discovery that this essential right was
curtailed; and shall a privilege, the origin of which may be traced to
our Saxon ancestors—that has been a part of the law of nations, even
in the feudatory systems of France, Germany and Italy—and from the
earliest records has been held so sacred, both in ancient and modern
Britain, that it could never be shaken by the introduction of Norman
customs, or any other conquests or change of government—shall this
inestimable privilege be relinquished in America—either thro’ the fear
of inquisition for unaccounted thousands of public monies in the hands
of some who have been officious in the fabrication of the _consolidated
system_, or from the apprehension that some future delinquent possessed
of more power than integrity, may be called to a trial by his peers in
the hour of investigation.
6. Though it has been said by Mr. _Wilson_ and many others, that a
Standing-Army is necessary for the dignity and safety of America, yet
freedom revolts at the idea, when the Divan, or the Despot, may draw
out his dragoons to suppress the murmurs of a few, who may yet cherish
those sublime principles which call forth the exertions, and lead
to the best improvement of the human mind. It is hoped this country
may yet be governed by milder methods than are usually displayed
beneath the bannerets of military law.—Standing armies have been the
nursery of vice and the bane of liberty from the Roman legions to the
establishment of the artful Ximenes, and from the ruin of the Cortes
of Spain, to the planting of the British cohorts in the capitals of
America:—By the edicts of an authority vested in the sovereign power
by the proposed constitution, the militia of the country, the bulwark
of defence, and the security of national liberty is no longer under
the controul of civil authority; but at the rescript of the Monarch,
or the aristocracy, they may either be employed to extort the enormous
sums that will be necessary to support the civil list—to maintain
the regalia of power—and the splendour of the most useless part of
the community, or they may be sent into foreign countries for the
fulfilment of treaties, stipulated by the President and two thirds of
the Senate.
Public-domain text, read in full here on John Shaqi.
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