Trevett v. Weeden

In May 1786, the Rhode Island General Assembly passed legislation allowing paper money as legal tender, and in June 1786 the Court created penalties for anyone refusing to accept such currency.

In August 1786, the Assembly passed further legislation providing that trial of offenders should take place "without any jury," by a majority of the judges and no appeal was allowed.

Both common law and the Constitution of Rhode Island guaranteed a jury trial in contrast to the legislation.

Congressman representing the defendant argued that although the American Revolution occurred, the original colonial Constitution was still valid and the assembly derived its powers from this document.

The Court found that the paper currency law was unconstitutional ("not cognizable") because it limited the right to a jury trial for violators.