Sketches of the Life And Character of Patrick Henry [microform]

Cover Sketches of the Life And Character of Patrick Henry [microform]
Sketches of the Life And Character of Patrick Henry [microform]
William Wirt
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y. The several clauses pxovidmg for the federal judiciary were objected to, oq the ground of the clashing jurisdicticns (rf the state and federal courts ; and secondly, because infinite power was given to ocmgress to multiply infericn: federal-^xnirts at pleasure ; a power which they would not foil to ezerqise^ in order to swell the patron&ge of the president, to their ovm emohitnetU ; and thus enable him to reward their devotion to his views, by bestowing on them and their dependents those off
...ices which they had themselves created. * YL It was contended that the trial b/jury was gone in civil cases, by that clause which gives to the supreme court appellate power over the law and the fact in every case ; and which thereby enabled that tribunal to annihilate boih the verdict and judgment of the inferior courts : and that m criminal cases also, the trial by jury was worse than gone, because it was admitted, that the common law, which alone gave the challenge for fovour, would not be in force as to the federal courts ; and hence a jury might, in every in- stance, be packed to suit the purpose of the prosecution.

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