Thursday, January 21, 2016

1st Chief Justice of the U.S. Supreme Court John Jay, "Silence and blank paper neither grant nor take away any thing. . . . The proposed government is to be the government of the people: all its officers are to be their officers, and to exercise no rights but such as the people commit to them.", 1788

   "We are told, among other strange things, that the liberty of the press is left insecure by the proposed Constitution; and yet that Constitution says neither more nor less about it than the Constitution of the state of New York does. We are told it deprives us of trial by jury; whereas the fact is, that it expressly secures it in certain cases, and takes it away in none. It is absurd to construe the silence of this, or of our own Constitution, relative to a great number of our rights, into a total extinction of them. Silence and blank paper neither grant nor take away any thing. Complaints are also made that the proposed Constitution is not accompanied by a bill of rights; and yet they who make these complaints know, and are content, that no bill of rights accompanied the Constitution of this state. In days and countries where monarchs and their subjects were frequently disputing about preogative and privileges, the latter then found it necessary, as it were, to run out the line between them, and oblige the former to admit, by solemn acts, called bills of rights, that certain enumerated rights belonged to the people, and were not comprehended in the royal prerogative. But, thank God, we have no such disputes; we have no monarchs to contend with, or demand admissions from. The proposed government is to be the government of the people: all its officers are to be their officers, and to exercise no rights but such as the people commit to them. The Constitution only serves to point out that part of the people's business, which they think proper by it to refer to the management of the persons therein designated: those persons are to receive that business to manage, not for themselves, and as their own, but as agents and overseers for the people, to whom they are constantly responsible, and by whom only they are appointed."--John Jay, U.S. Minister For Foreign Affairs, [and soon to be the 1st Chief Justice of the U.S. Supreme Court] Address To The People Of The State Of New York, On The Subject Of The Proposed Federal Constitution, 1788. [Elliot's Debates, Vol. I, Pgs. 497-8]

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