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CONSTITUTION OF THE U. STATES.
[BOOK III.
remain with the people among the mass of ungranted powers, or find an appropriate place in the laws and institutions of each particular state.[1]
§ 305. Notwithstanding the force of these suggestions, candour will compel us to admit, that as certain fundamental rights were secured by the constitution, there seemed to be an equal propriety in securing in like manner others of equal value and importance. The trial by jury in criminal cases was secured; but this clause admitted of more clear definition, and of auxiliary provisions. The trial by jury in civil cases at common law was as dear to the people, and afforded at least an equal protection to persons and property. The same remark may be made of several other provisions included in the amendments. But these will more properly fall under consideration in our commentary upon that portion of the constitution. The promptitude, zeal, and liberality, with which the friends of the constitution supported these amendments, evince the good faith and sincerity of their opinions, and increase our reverence for their labours, as well as our sense of their wisdom and patriotism.- ↑ The Federalist, No. 84; Mr. Jay's Address; 3 Amer. Museum, 554, 559; 2 Amer. Museum, 422, 425.
