and unusual punishments, this would follow of itself, without a bill of rights. Observations have been made about watchfulness over those in power which deserve our attention. There must be a combination; we must presume corruption in the House of Representatives, Senate, and President, before we can suppose that excessive fines can be imposed or cruel punishments inflicted. Their number is the highest security. Numbers are the highest security in our own Constitution, which has attracted so many eulogiums from the gentlemen. Here we have launched into a sea of suspicions. How shall we check power? By their numbers. Before these cruel punishments can be inflicted, laws must be passed, and judges must judge contrary to justice. This would excite universal discontent and detestation of the members of the government. They might involve their friends in the calamities resulting from it, and could be removed from office. I never desire a greater security than this, which I believe to be absolutely sufficient.
That general warrants are grievous and oppressive, and ought not to be granted, I fully admit. I heartily concur in expressing my detestation of them. But we have sufficient security here also. We do not rely on the integrity of any one particular person or body, but on the number and different orders of the members of the government—some of them having necessarily the same feelings with ourselves. Can it be believed that the federal judiciary would not be independent enough to prevent such oppressive practices? If they will not do justice to persons injured, may they not go to our own state judiciaries, and obtain it?
Gentlemen have been misled, to a certain degree, by a general declaration that the trial by jury was gone. We see that, in the most valuable cases, it is reserved. Is it abolished in civil cases? Let him put his finger on the part where it is abolished. The Constitution is silent on it. What expression would you wish the Constitution to use, to establish it? Remember we were not making a constitution for Virginia alone, or we might have taken Virginia for our directory. But we were forming a constitution for thirteen states. The trial by jury is different in different states. In some states it is excluded in cases in which it is admitted in others. In admiralty causes it is not used. Would you have a jury to determine the case of a capture?
