could not have increased their powers, if placed at the end of each power, it cannot increase them at the end of all. This clause only enables them to carry into execution the powers given to them, but gives them no additional power.
But it is objected to for want of a bill of rights. It is a principle universally agreed upon, that all powers not given are retained. Where, by the Constitution, the general government has general powers for any purpose, its powers are absolute. Where it has powers with some exceptions, they are absolute only as to those exceptions. In either case, the people retain what is not conferred on the general government, as it is by their positive grant that it has any of its powers. In England, in all disputes between the king and people, recurrence is had to the enumerated rights of the people, to determine. Are the rights in dispute secured? Are they included in Magna Charta, Bill of Rights, &c.? If not, they are, generally speaking, within the king's prerogative. In disputes between Congress and the people, the reverse of the proposition holds. Is the disputed right enumerated? If not. Congress cannot meddle with it.
Which is the most safe? The people of America know what they have relinquished for certain purposes. They also know that they retain every thing else, and have a right to resume what they have given up, if it be perverted from its intended object. The king's prerogative is general, with certain exceptions. The people are, therefore, less secure than we are. Magna Charta, Bill of Rights, &c., secure their liberty. Our Constitution itself contains an English Bill of Rights. The English Bill of Rights declares that Parliaments shall be held frequently. Our Constitution says that Congress shall sit annually. The English Declaration of Rights provides that no laws shall be suspended. The Constitution provides that no laws shall be suspended, except one, and that in time of rebellion or invasion, which is the writ of habeas corpus. The Declaration of Rights says that there should be no army in time of peace without the consent of Parliament. Here we cannot have an army even in time of war, with the approbation of our representatives, for more than two years.
The liberty of the press is secured. What secures it in England? Is it secured by Magna Charta, the Declaration of Rights, or by any other express provision? It is not. They have no express security for the liberty of the press.
