The right of petition, I have said, was not conferred on the People by the Constitution, but was a pre-existing right, reserved by the People out of the grants of power made to Congress.  To understand its nature and extent we must, therefore, look beyond and behind the Constitution, into the anterior political history of the country.

And, in the first place, I beg of the House, and especially of the gentlemen who so ably represent Virginia on this floor, to remember how this article found its way into the Constitution.

You well know, sir, that when the Constitution was submitted to the People of the respective States for their adoption or rejection, it awakened the warmest debates of the several State conventions.  Some of them, in accepting the proposed plan of government, coupled their acceptance with a recommendation of various additions to the Constitution, which they deemed essential to the preservation of the rights of the States, or of the People.  The Commonwealth of Massachusetts insisted, among other things, on the adoption of that memorable amendment, to the effect, “that it be explicitly declared that all powers not expressly delegated by the aforesaid constitution, are reserved to the several States to be by them exercised.”  Having attained this object, and thus clearly ascertained what powers it was that she parted with to the Federal Government, she felt less anxious in regard to some things which in other States, were deemed important.  Especially, she did not, for herself demand the insertion of those general clauses of political doctrine popularly called, at that time, after the celebrated English bill of rights, and known in some modern European constitutions by the name of guaranties.  She was less tenacious on this point, inasmuch as her own Constitution was very full in this respect.  It contained two clauses material to the present question, in the following words: 

“All power residing originally in the People, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents.”

“The People have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; give instructions to their representatives; and to request of the legislative body, by the way of address, petition, or remonstrance, redress of the wrongs done them, and of the grievances they suffer.”

These clauses being in her own Constitution, I say, and it being understood by her that all powers not granted to the United States were reserved to the States, she felt that she was safe in agreeing to the fundamental compact of the Union.