Robert Yates(?), a non-signing Delegate to the Constitutional Convention, using the penname “Brutus,” publishes an anti-federalist essay, arguing that the proposed Constitution for the united States lacks a “Declaration of Rights,” and should have one before ratification.  In paragraphs three and six he writes,

       … The constitution proposed to your acceptance, is designed not for yourselves alone, but for generations yet unborn.  The principles, therefore, upon which the social compact is founded, ought to have been clearly and precisely stated, and the most express and full declaration of rights to have been made—But on this subject there is almost an entire silence.

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       For the security of life, in criminal prosecutions, the bills of rights of most of the states have declared, that no man shall be held to answer for a crime until he is made fully acquainted with the charge brought against him; he shall not be compelled to accuse, or furnish evidence against himself— The witnesses against him shall be brought face to face, and he shall be fully heard by himself or counsel.  That it is essential to the security of life and liberty, that trial of facts be in the vicinity where they happen.  Are not provisions of this kind as necessary in the general government, as in that of a particular state?  The powers vested in the new Congress extend in many cases to life; they are authorised to provide for the punishment of a variety of capital crimes, and no restraint is laid upon them in its exercise, save only, that “the trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be in the state where the said crimes shall have been committed.” No man is secure of a trial in the county where he is charged to have committed a crime; he may be brought from Niagara to New-York, or carried from Kentucky to Richmond for trial for an offence, supposed to be committed. …

       NOTE: Although the identity of “Brutus” is not known for sure, many scholars believe him to have been Robert Yates, an Associate Justice of the New York Supreme Court.

       [restored 9/27/2021]