108. As long as the World stands, there never will be another Amendment, if the present System be confirmed.

109. Even Post-Roads are in the Power of Congress.

110. A Citizen of one State may sue a Citizen of another State for an Inheritance of Land, claimed by Will under the Law of the State where the Land is.

III. They may establish the Rights of Primogeniture.

112. Mr. Smilie.-Has not this Day been pretty closely occupied by us in the Opposition?

In Convention, 6th Dec., 1787, A. M.

113. Mr. Smilie-I object to the Power of Congress over the Militia, and to keep a standing Army.

114. What I mean by a consolidating Govt. is one that will transfer the Sovereignty from the State Govts. to the genl. Govt.

115. It is properly an aristocracy.

116. Because the Representatives are too few, and will be elected only by a few Tools in very large Districts.

117. In Penna..before the Revolution, the little Country Towns governed the Elections.

118. The People will not attend the Election; only the Tools of the Government will attend.

119. If Congress exercise their Powers over the Times, Places and Manner of Elections, where are we? 8 Men may be elected in one Ticket and at one Place. Should any Body have this Power?

120. The Balance of Power is in the Senate. Their Share in the Executive Department will corrupt the Legislature and detract from the proper Power of the President, and will make the President merely a Tool to the Senate.

121. The President should have had the Appointment of all the Officers, with the Advice of a Council.

122. The Senate will overset the Balance of Government by having the Purse and the Sword: The President will act in Concord with them.

123. In a free Govt. there never will be Need of standing Armies, for it depends on the Confidence of the People. If it does not so depend, it is not free.

124. The Convention, in framing this Govt., knew it was not a free one; otherwise they would not have asked the Power of the Purse and the Sword. 125. The last Resource of a free People is taken away, for Congress are to have the Command of the Militia.

126. The Laws of Penna. have hitherto been executed without the aid of the Militia.

127. The Governour of each State will be only the drill Sergt. of Congress. 128. The Militia officers will be obliged by Oath to support the genl. Govt. agt. that of their own State.

129. Congress may give us a select Militia which will, in Fact, be a standing Army-or Congress, afraid of a general Militia, may say there shall be no Militia at all.

130. When a select Militia is formed, the People in general may be dis armed.

131. Will the States give up to Congress their last Resource, the Command of the Militia?

132. Will the Militia Laws be as mild under the genl. Govt. as under the State Govt. Militia? Men may be punished with Whipping or Death. They may be dragged from one State to any other.

133. "Congress guarantees to each State a Republican Form of Govt." Is this a Security for a free Govt? Mr. Adam's Defence. 86 Poland is a Republic. 134. Can even the Shadow of State Govts. be continued if Congress please to take it away?

134. The Senate and Presidt. may dismiss the Representatives when once a standing Army is established with Funds; and there this Government will terminate.

135. Mr. Findlay-The Objections of the Members from Fayette are founded, important, and of extensive practical Influence. Tax and Militia Laws are of universal Operation.

136. The Militia will be taken from Home, and when the Militia of one State has quelled Insurrection and destroyed the Liberties; the Militia of the last State may at another Time be employed in retaliating on the first. 137. No Provision in Behalf of those who are conscientiously scrupulous of bearing Arms.

138. Mr. Smilie-As Citizens we are all equally interested. Let us have a friendly, free and fair Discussion.

139. Mr. Findlay-The Power of regulating Elections remains to be considered.

140. Art. I, s. 4, as to the "Place" of Elections, struck the Public more suddenly and with more Force than any other. The "Time" justified.

141. Congress may say that none shall vote by Ballot.

may be

142. The Modes of Election will be appointed in such Way as to give the greatest Influence to Govt.

143. The "Places" of Elections are of more Importance than the Time or Manner.

144. The States were competent as to the Places by their Knowledge and Responsibility. This is intrusted by our Constitution to the State Legislature.

145. This can have no virtuous or pure Use.

146. The Place of Elections may be removed so as to take it out of the Reach of the lower and midling Classes of Men.

147. By this Clause the Government may mould and influence Elections as it shall please.

148. This Govt. may go into the Channel of Monarchy, but more likely of Aristocracy.

149. Under the present Confederation, Congress have not both the Power of raising standing armies and the Means of paying them.

150. I could not contrive a better plan [than] this, for introducing Aristocracy.

151. Mr. Smilie-Mr. Adams says there is in all Societies a natural Aristocracy. Letter 53, p. 362. Three Branches of Government in every Society. The Executive ought to have a Negative on the Legislature.

152. The People of the U. S. thought a single Branch sufficient for Congress, which is not a legislative but a diplomatique Body, etc., ib.

153. Letter 55, 372.

In Convention, 7th Dec., 1787, A. M.

154. Mr. Whitehill-The Vice-President will be an useless and perhaps a dangerous office, as he will be more blended with the Legislature and will have a voice when the Votes are equal. Salaries may depend on his Vote.

155. The Power of Congress to fix the Time of choosing the Electors of the President is improper: We have no Power to oblige Congress to act. 156. The Power of the Senate to make Treaties is dangerous.

157. The Extent of this Government is too great. It cannot be executed. We have proved it to be a consolidating Government.

158. Mr. Findlay-Only a Part of the Executive Power is vested in the President. The most influential Part is in the Senate, and he only acts as primus inter pares of the Senate; only he has the Sole Right of Nomination. 199. The officers of Government are the Creatures of the Senate: The Senate should not therefore be the Judges on Impeachments.

160. The great Objection is the blending of executive and legislative Power: Where they are blended there can be no Liberty: Mr. Adams says

So.

This great Subject is better understood by the People and attended to by the Legislature than any other: It is my Duty to insist, and I will insist, that the Distribution of Power in the present System be amended.

161. Mr. Whitehill-Why is the Sovereignty of the People always brought to Voice? There are 13 Sovereignties in the United States, and 13 different Governments: Why knock down all Distinction of different Governments. 162. The judicial Department is blended with and will absorb the judicial Powers of the several States; and Nothing will be able to stop its Way. 163. The Supreme Court will have very extensive Powers indeed: They must be an extension of the United States.

164. There must be a great Number of inferior Courts in the several States. One for a large State would not be enough.-Shall an Action for 5 or 10 be brought in it? There ought to be one in every County. The Number of judicial officers will be multiplied.

165. Appeals will be to the Supreme Court, which will put it in the Power of the wealthy to oppress the poor.

166. The Powers will be too extensive for the Safety and Happiness of the People: Justice cannot be administered.

167. Any Kind of Action may by Contrivance be brought into the federal Courts.

168. There may be Courts of Equity as well as Law.

169. Can the federal Courts give Relief to the Complaints of the People in proper Time. The State Courts have mnch Business. How much more will the genl. Courts have?

170. The general Courts may alter the Rights of Dissent and the Division of real Property. They may establish the Rights of Primogeniture.

171. The Trial of Crimes is to be by Jury, therefore the Trial of civil Causes is supposed not to be by Jury.

172. We preserved the Trial by Jury against the Attempts of the British Crown.

173. I wish for the Honour of the Convention this had not been omitted. 174. Art. 3, s. 2, "The Laws of the United States" Laws may be made in Pursuance of the Const," tho' not agreeably to it: The Laws may be unconstitutional.

175. Treaties may be so made as to absorb the Liberty of Conscience, Trial by Jury and all our Liberties.

176. "Citizens of another State" must mean all the Citizens.

177. There is no Line drawn in the judicial Department, between the genl. and State Govts.

178. Houses may be broke open by the officers of the genl. Govt. They will not be bound by this Constitution.

179. Mr. Smilie-In common Law Cases there ought not to be an Appeal as to Facts. Facts found by a Jury should never be re-examined.

180. I doubt whether there has not been an Intention to substitute the civil Law instead of the common Law.

181. There may be Danger in the Execution of the judicial Department as in the Case of a rigorous Collection of direct Taxes.—A Quarrel between a Collector and a Citizen would drag the Citizen into the Court of Congress. 182. The Courts must be very numerous or very few. Either will be inconvenient. They must be numerous.

183. If the State Govts. are to continue, the People will not be able to bear the Expense of them and the genl. Govt. Will this save Expense?

184. Mr. Findlay. The Convention, no doubt, thought they were forming a Contract or Compact of the greatest Importance.

185. The Judges are better for the Guard of Juries in all possible Cases. The Mistakes of Juries are never systematical. The Laws can never be so enacted, as to prevent the Judges from doing wrong.

186. I admit that it would have been impossible to have accommodated the Trial by Jury to all the States: But Power ought not to have been given applying to such internal Objects.

187. There might have been a Declaration that the Trial by Jury in Civil Cases as it hath hitherto been in the several States, or in the State where the Cases arose.

188. The Jurisdiction will, I believe, be chiefly appellate, and therefore chiefly without Jury.

189. The States can make "no post facto Laws, etc," therefore there was no Occasion for introducing the Clause "between Citizens of different States."

190. This Clause may produce Doubts in the, Dealings between Citizens of this State and New Jersey.

191. "Compensation" is a new Form: Does it denote Salary or Perquisites? These should be incapable of holding offices under the States, or other Offices under the genl. Govt.—They may hold Sinecures. I have only lately discovered this Objection.

192. A Treaty is not constitutionally guarded. It may be superior to the Legislature itself. The House of Representatives have Nothing to do with Treaties.

193. Mr. Smilie-I cannot see the great Difficulty of securing at Cost the Substance of Jury in civil Cases.-It ought [to] have been said that the Legislature should make Regulations for the Trial by Jury in them.

194. Whatever is not given is reserved. The Trial by Jury is given in criminal cases, therefore reserved in civil Cases.

195. The Judges may be bribed by holding other Offices.

In Convention, 8th December, 1787.

196. * Mr. Smilie-This System puts the Govt. in a Situation, in which the Officers are not responsible.

197. Every Door is shut against Democracy.

198. It was the Design and Intention of the Convention to divest us of the Liberty of Trial by Jury in civil Cases; and to deprive us of the Benefits of the common Law.

199. The Word Appeal is a civil Law Term and therefore the Convention meant to introduce the civil Law.

200. On an Appeal the Judges may set aside the Verdict of a Jury.

201. Appeals are not admitted in the Common Law.

202. If a Jury give a false Verdict, a Writ of Attaint lies, or the Verdict may be set aside. A Writ of Error lies as to Matters of Law, but on that Writ the Facts are not re-examined.

203. †3 Bl., 378-concerning Trials by Jury.

204. 3 Bl., 392. The Expense of civil Law Proceedings.

205. 3 Bl., 390, 391. The Propriety of new Trials.

206. 3 Bl., 452. Chancery frequent [ly] directs the Trial of Facts by a Jury.

207. 3 Bl., 336. Trial by Witness is the only Mode known to the civil Law.

208. The Case of Fossey av Cunningham, New York. Appeal to the Governour and Council-Reasons of the Chief Justice for the Conduct of the Judges.

209. "All the Appeals we have yet had, have been in Error."

210. If such an attempt was made in England, what would the People of that Country do? It would set the whole Nation in a Flame.

211. Securing the Trial by Jury in criminal Cases is worse than saying Nothing.

212. The Convention might have said that Congress should establish Trials by Jury in civil Cases.

213. Mr. Whitehill-Are we to trust all to Judges, who will have their Favourites?

214. There is no Security by the Constitution for People's Houses or Papers.

*New Hampshire.

At the Will of Parlt.

The Question here was-whether Instructions from the Crown could, or were meant to alter the Law.