hment from his home, his family, and his country with
or without an alleged cause, that it was the act not of a single tyrant
or hated aristocracy, but of his assembled countrymen. Far different is
the power of our sovereignty. It can interfere with no one's faith,
prescribe forms of worship for no one's observance, inflict no
punishment but after well-ascertained guilt, the result of investigation
under rules prescribed by the Constitution itself. These precious
privileges, and those scarcely less important of giving expression to
his thoughts and opinions, either by writing or speaking, unrestrained
but by the liability for injury to others, and that of a full
participation in all the advantages which flow from the Government, the
acknowledged property of all, the American citizen derives from no
charter granted by his fellow-man. He claims them because he is himself
a man, fashioned by the same Almighty hand as the rest of his species
and entitled to a full share of the blessings with which He has endowed
them. Notwithstanding the limited sovereignty possessed by the people of
the United States and the restricted grant of power to the Government
which they have adopted, enough has been given to accomplish all the
objects for which it was created. It has been found powerful in war, and
hitherto justice has been administered, and intimate union effected,
domestic tranquillity preserved, and personal liberty secured to the
citizen. As was to be expected, however, from the defect of language and
the necessarily sententious manner in which the Constitution is written,
disputes have arisen as to the amount of power which it has actually
granted or was intended to grant.
This is more particularly the case in relation to that part of the
instrument which treats of the legislative branch, and not only as
regards the exercise of powers claimed under a general clause giving
that body the authority to pass all laws necessary to carry into effect
the specified powers, but in relation to the latter also. It is,
however, consolatory to reflect that most of the instances of alleged
departure from the letter or spirit of the Constitution have ultimately
received the sanction of a majority of the people. And the fact that
many of our statesmen most distinguished for talent and patriotism have
been at one time or other of their political career on both sides of
each of the most warmly disputed questions forces upon us the inference
th
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