government.
It certainly sounds not a little harsh and extraordinary to affirm
that there is no security for liberty in a Constitution which expressly
establishes the trial by jury in criminal cases, because it does not do
it in civil also; while it is a notorious fact that Connecticut, which
has been always regarded as the most popular State in the Union, can
boast of no constitutional provision for either.
PUBLIUS
1. It has been erroneously insinuated with regard to the court of
chancery, that this court generally tries disputed facts by a jury. The
truth is, that references to a jury in that court rarely happen, and are
in no case necessary but where the validity of a devise of land comes
into question.
2. It is true that the principles by which that relief is governed are
now reduced to a regular system; but it is not the less true that
they are in the main applicable to SPECIAL circumstances, which form
exceptions to general rules.
3. Vide No. 81, in which the supposition of its being abolished by the
appellate jurisdiction in matters of fact being vested in the Supreme
Court, is examined and refuted.
FEDERALIST No. 84
Certain General and Miscellaneous Objections to the Constitution
Considered and Answered.
From McLEAN's Edition, New York. Wednesday, May 28, 1788
HAMILTON
To the People of the State of New York:
IN THE course of the foregoing review of the Constitution, I have taken
notice of, and endeavored to answer most of the objections which have
appeared against it. There, however, remain a few which either did not
fall naturally under any particular head or were forgotten in their
proper places. These shall now be discussed; but as the subject has been
drawn into great length, I shall so far consult brevity as to comprise
all my observations on these miscellaneous points in a single paper.
The most considerable of the remaining objections is that the plan of
the convention contains no bill of rights. Among other answers given
to this, it has been upon different occasions remarked that the
constitutions of several of the States are in a similar predicament.
I add that New York is of the number. And yet the opposers of the new
system, in this State, who profess an unlimited admiration for its
constitution, are among the most intemperate partisans of a bill of
rights. To justify their zeal in this matter, they allege two things:
one is that, though the constitution of New York
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