This lesson was not taught by our fathers.
Here I end this branch of the question. The true principles of our
political system, the history of the National Convention, the natural
interpretation of the Constitution, all teach that this Act is a
usurpation by Congress of powers that do not belong to it, and an
infraction of rights secured to the States. It is a sword, whose handle
is at the National Capital, and whose point is everywhere in the States.
A weapon so terrible to personal liberty the nation has no power to
grasp.
(2). And now of the denial of Trial by Jury.
Admitting, for the moment, that Congress is intrusted with power over
this subject, which truth disowns, still the Act is again radically
unconstitutional from its denial of Trial by Jury in a question of
personal liberty and a suit of common law. Since on the one side there
is a claim of property, and on the other of liberty, both property
and liberty are involved in the issue. To this claim on either side is
attached Trial by Jury.
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