Richard Henry Lee, former President of the united States in Congress assembled, using the penname “The Federal Farmer,” publishes an anti-federalist essay, warning that if the proposed Constitution for the united States is ratified the Right to Trial by Juries fully informed of their power to judge the law as well as the facts might be placed in jeopardy.  In paragraph five he writes,

       I never thought the people of these states differed essentially in these respects; they having derived all these rights from one common source, the British systems; and having in the formation of their state constitutions, discovered that their ideas relative to these rights are very similar.  However, it is now said that the [S]tates differ so essentially in these respects, and even in the important article of the trial by jury, that when assembled in convention, they can agree to no words by which to establish that trial, or by which to ascertain and establish many other of these rights, as fundamental articles in the social compact.  If so, we proceed to consolidate the states on no solid basis whatever.

       [restored 9/26/2021]