I know it will require but little ingenuity to make objections
to the details of its execution; but do not be discouraged by small
difficulties; make it as perfect as you can at a first essay, and depend
on amending its defects as they develope themselves in practice. I hope
it will meet with your approbation and patronage. It is the only thing
which can yield us a little present protection against the dominion of
a faction, while circumstances are maturing for bringing and keeping the
government in real unison with the spirit of their constituents. I
am aware that the act of Congress has directed that juries shall be
appointed by lot or otherwise, as the laws now (at the date of the act)
in force in the several States provide. The New England States have
always had them elected by their selectmen, who are elected by the
people. Several or most of the other States have a large number
appointed (I do not know how) to attend, out of whom twelve for each
cause are taken by lot. This provision of Congress will render it
necessary for our Senators or Delegates to apply for an amendatory law,
accommodated to that prayed for in the petition. In the mean time, I
would pass the law as if the amendatory one existed, in reliance, that
our select jurors attending, the federal judge will under a sense of
right direct the juries to be taken from among them.
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