University of Virginia Library

4202. JURY (Trial by), Fundamental right.—

There are instruments for administering
the government, so peculiarly trustworthy,
that we should never leave the leg

islature at liberty to change them. The new
Constitution has secured these in the executive
and legislative departments; but not in
the judiciary. It should have established
trials by the people themselves, that is to say,
by jury.—
To David Humphreys. Washington ed. iii, 13. Ford ed., v, 90.
(P. 1789)