4210. JURY (Trial by), Scope.—
I like
the declaration of rights as far as it goes, but
I should have been for going further. For
instance, the following alterations and additions
would have pleased me. * * * Article
7. All facts put in issue before any judicature,
shall be tried by jury, except: i,
in cases of admiralty jurisdiction, wherein a
foreigner shall be interested; 2, in cases cognizable
before a court-martial, concerning
only the regular officers and soldiers of the
United States, or members of the militia in
actual service in time of war or insurrection;
3, in impeachments allowed by the Constitution.—
To James Madison. Washington ed. iii, 100.
Ford ed., v, 112.
(P.
Aug. 1789)
