Chapter VI: 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.
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Essays on the Constitution of the United StatesChapter VI: Section 2: , of Article III. provides, among other things, that the trial of
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