good to the greatest number. But with these broad
admissions, if we would compare the sovereignty acknowledged
to exist in the mass of our people with the power
claimed by other sovereignties, even by those which
have been considered most purely democratic, we shall
find a most essential difference. All others
lay claim to power limited only by their own will.
The majority of our citizens, on the contrary, possess
a sovereignty with an amount of power precisely equal
to that which has been granted to them by the parties
to the national compact, and nothing beyond.
We admit of no government by divine right, believing
that so far as power is concerned the Beneficent Creator
has made no distinction amongst men; that all are
upon an equality, and that the only legitimate right
to govern is an express grant of power from the governed.
The Constitution of the United States is the instrument
containing this grant of power to the several departments
composing the Government. On an examination of
that instrument it will be found to contain declarations
of power granted and of power withheld. The latter
is also susceptible of division into power which the
majority had the right to grant, but which they do
not think proper to intrust to their agents, and that
which they could not have granted, not being possessed
by themselves. In other words, there are certain
rights possessed by each individual American citizen
which in his compact with the others he has never
surrendered. Some of them, indeed, he is unable
to surrender, being, in the language of our system,
unalienable. The boasted privilege of a Roman
citizen was to him a shield only against a petty provincial
ruler, whilst the proud democrat of Athens would console
himself under a sentence of death for a supposed violation
of the national faith—which no one understood
and which at times was the subject of the mockery of
all—or the banishment 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


