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On June 8th, 1789, James Madison presented Congress with what would become the Bill of Rights. Among Madison's recommendations was the following: "Seventhly. That in article 3d, section 2, the third clause be struck out, and in its place be inserted the clauses following, to wit:

'The trial of all crimes (except in cases of impeachments, and cases arising in the land or naval forces, or the militia when on actual service, in time of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with the requisite of unanimity for conviction, of the right of challenge, and other accustomed requisites; and in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary,...'"

Does "loss of life or member" suggest that whacking off someone's fingers, toes, or other protruberances was common in the 18th Century?
 
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<Proofreader>
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I think member is something a man might regret losing than a woman might.
 
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This is just a guess, but I think it must mean a body part, such as an arm or leg. It's a great question, though.
 
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