"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"
About this Quote
The phrasing is lawyerly, but the intent is political. “Not conferred” and “pre-existing” push against the soft despotism of paperwork, the quiet way states can smother dissent by insisting that only enumerated, officially recognized acts count as rights. By casting petition as “reserved,” Cushing links it to the Ninth and Tenth Amendment sensibility: the Constitution is a set of delegated powers, not a complete inventory of human claims. The subtext is a warning against constitutional ventriloquism, where Congress speaks as if it created the very channels through which people criticize it.
Contextually, this sits inside 19th-century fights over abolitionist petitions and the notorious “gag rules” that tried to table them without debate. Petitioning became a stress test for whether popular sovereignty was real or ceremonial. Cushing’s formulation is strategically stabilizing: it tells Congress that even if it can manage its procedures, it can’t redefine the people’s standing. The government may regulate the inbox; it cannot deny that the mailbox belongs to the public.
Quote Details
| Topic | Freedom |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Cushing, Caleb. (2026, January 18). 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. FixQuotes. https://fixquotes.com/quotes/the-right-of-petition-i-have-said-was-not-6038/
Chicago Style
Cushing, Caleb. "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." FixQuotes. January 18, 2026. https://fixquotes.com/quotes/the-right-of-petition-i-have-said-was-not-6038/.
MLA Style (9th ed.)
"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." FixQuotes, 18 Jan. 2026, https://fixquotes.com/quotes/the-right-of-petition-i-have-said-was-not-6038/. Accessed 27 Feb. 2026.


