Article 3, Section 2, Clause 3

Document 16

George Washington to Lafayette

For example, there was not a member in the convention, I believe, who had the least objection to what is contended for by the Advocates for a Bill of Rights and Tryal by Jury. The first, where the people evidently retained every thing which they did not in express terms give up, was considered nugatory as you will find to have been more fully explained by Mr. Wilson and others:--And as to the second, it was only the difficulty of establishing a mode which should not interfere with the fixed modes of any of the States, that induced the Convention to leave it, as a matter of future adjustment.

The Founders' Constitution
Volume 4, Article 3, Section 2, Clause 3, Document 16
http://press-pubs.uchicago.edu/founders/documents/a3_2_3s16.html
The University of Chicago Press

Documentary History of the Constitution of the United States of America, 1786--1870. 5 vols. Washington, D.C.: Department of State, 1901--5.

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