will be adopted? There may be causes depending between citizens of different States, and as trial by jury is known and regarded in all the States, they will certainly prefer that mode of trial before any other. The Congress will have the power of making proper regulations on this subject, but it was impossible for the convention to have gone minutely into it; but if they could, it must have been very improper, because alterations, as I observed before, might have been necessary; and whatever the convention might have done would have continued unaltered, unless by an alteration of the Constitution. Besides, there was another difficulty with regard to this subject. In some of the States they have courts of chancery and other appellate jurisdictions, and those States are as attached to that mode of distributing justice, as those that have none are to theirs.
ⅭⅬⅣ. The Landholder [Oliver Ellsworth], Ⅶ.[1]
I have often admired the spirit of candour, liberality, and justice, with which the Convention began and completed the important object of their mission.…
ⅭⅬⅤ. James Madison to George Washington.[2]
New York Decr. 20. 1787.
Tricks of this sort are not uncommon with the Enemies of the new Constitution. Col. Mason’s objections were as I am told published in Boston mutilated of that which pointed at the regulation of Commerce.[3] Docr Franklins concluding speech which you will meet with in one of the papers herewith inclosed, is both mutilated & adulterated so as to change both the form & the spirit of it.
ⅭⅬⅥ. Ezra Stiles: Diary.[4]
[December] 21. [1787]. Mr. Baldwin was one of the Continental Convention at Philada last Summer. He gave me an Acct of the whole Progress in Convention. It appeared that they were pretty unanimous in the followg Ideas, viz. 1. In a firm foederal Government. 2. That this shd be very popular or stand on the People at large. 3. That their Object shd comprehend all Things of common foederal Concern & wc individual States could not determine or enforce. 4. That the Jurisdictions & Govt of each State shd be
