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 Stages 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.
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