Justus Dwight's Notes of the Massachusetts Ratification Convention (January 30, 1788)

General Brooks. Why there was not mention of trial by Jury?

Mr. Gorham. That the Several States were queried as to that and it could not be put in.

Mr Sedgwick. That the Court is always considered as Court and Jury. That it is not likely that it [i.e., a trial without a jury] will be allowed unless it will be for the advantage of some party and in many cases it would not. That we have no reason to think a Jury will be Excluded unless in cases expressed in the Constitution.

Mr. Nasson. That we have been always used to trial by jury and therefore will judge the people best.

Mr. Strong. The different states were different in their sentiments with respect to trials and it was thought best to leave it to the Congress.

Esqr. Singletary The Federal Government are the Supreme Law of the Land and can destroy all the laws of the different states. If any man had advanced such a thing as this Constitution ten years ago he would have been called a tory.

Mr Dench. Queries what is Delegated to the Federal Judicial Court and what is reserved to the Several States.

That there is not one in a hundred of actions that can be carried to the Federal Court.

Mr White. I wonder what the Court is to try—the sun, moon, and seven stars? No, I know what they will try. They will try us without jury [Twelve indecipherable words.]

Whether a man in a different state holding securities against other states can't deliver at this Court.

Mr. Sedgwick. That will come under the Ex Post Facto law.