Page:Debates in the Several State Conventions, v3.djvu/219

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Randolph.]
VIRGINIA.
203

to be electors of the other,—this suggestion is unwarrantable, unless he carries his supposition farther, and says that Virginia will agree to her own suicide, by modifying elections in such manner as to throw them into the hands of the rich. The honorable gentleman has not given, us a fair object to be attacked; he has not given us any thing substantial to be examined.

It is also objected that the trial by jury, the writ of habeas corpus, and the liberty of the press, are insecure. But I contend that the habeas corpus is at least on as secure and good a footing as it is in England. In that country, it depends on the will of the legislature. That privilege is secured here by the Constitution, and is only to be suspended in cases of extreme emergency. Is this not a fair footing? After agreeing that the government of England secures liberty, how do we distrust this government? Why distrust ourselves? The liberty of the press is supposed to be in danger. If this were the case, it would produce extreme repugnancy in my mind. If it ever will be suppressed in this country, the liberty of the people will not be far from being sacrificed. Where is the danger of it? He says that every power is given to the general government that is not reserved to the states. Pardon me if I say the reverse of the proposition is true. I defy any one to prove the contrary. Every power not given it by this system is left with the states. This being the principle, from what part of the Constitution can the liberty of the press be said to be in danger?

[Here his excellency read the 8th section of the 1st article, containing all the powers given to Congress.]

Go through these powers, examine every one, and tell me if the most exalted genius can prove that the liberty of the press is in danger. The trial by jury is supposed to be in danger also. It is secured in criminal cases, but supposed to be taken away in civil cases. It is not relinquished by the Constitution; it is only not provided for. Look at the interest of Congress to suppress it. Can it be in any manner advantageous for them to suppress it? In equitable cases, it ought not to prevail, nor with respect to admiralty causes; because there will be an undue leaning against those characters, of whose business courts of admiralty will have cognizance. I will rest myself secure under this reflection