They bowed to the undocumented one,
even as a litigant over John Jay's grave.
"[T]he people are the sovereign of this country, and consequently that
fellow citizens and joint sovereigns cannot be degraded by appearing
with each other in their own courts to have their controversies determined.
The people have reason to prize and rejoice in such valuable privileges,
and they ought not to forget that nothing but the free course
of constitutional law and government can ensure the continuance
and enjoyment of them."
[John Jay, Chisholm v. Georgia]
The Convention agreed and without debate the provision suggested by Jay was written into the Constitution.
That Jay’s advice was taken is not surprising because in his career Jay was President of the Continental Congress, Chief Justice of the New York Supreme Court, 1st Chief Justice of the United States, Ambassador to Spain and France, Secretary of Foreign Affairs (Secretary of State) and Governor of New York, among other things. He wasn’t a man whose advice could be ignored. Note that what particularly concerned Jay was not a political issue but a military issue arising because the President is Commander in Chief of the Armed Forces of the United States. He was bothered by issues of National Security."
