June 06, 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.
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