Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/317

of that instrument.^[1] In respect to a bill of rights, it was stated, that several of the state constitutions contained none in form; and yet were not on that account thought objectionable. That it was not true, that the constitution of the United States did not, in the true sense of the terms, contain a bill of rights. It was emphatically found in those clauses, which respected political rights, the guaranty of republican forms of government, the trial of crimes by jury, the definition of treason, the prohibition against bills of attainder and ex post facto laws and titles of nobility, the trial by impeachment, and the privilege of the writ of habeas corpus. That a general bill of rights would be improper in a constitution of limited powers, like that of the United States; and might even be dangerous, as by containing exceptions from powers not granted it might give rise to implications of constructive power. That in a government, like ours, founded by the people, and managed by the people, and especially in one of limited authority, there was no necessity of any bill of rights; for all powers not granted were reserved; and even those granted might at will be resumed, or altered by the people. That, a bill of rights might be fit in a monarchy, where there were struggles between the crown and the people about prerogatives and privileges. But, here, the government is the government of the people; all its officers are their officers; and they can exercise no rights or powers, but such as the people commit to them. In such a case the silence of the constitution argues nothing. The trial by jury, the freedom of the press, and the liberty of conscience are not taken away, because they are not secured. They

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1. 5 Marshall's Life of Washington, 207, 208.