selves the exercise of some portion of their rights and powers, but the larger portion never lies thus dormant, In this case, therefore, (viz.: of a government established by an aggregate people,) the question naturally is, not what powers are granted, but what are denied; and the rule of strict construction, if applied at all, should be applied only to the powers denied. This would have the effect of enlarging the powers of government, by limiting the restraints imposed on it.
3. As it is fair to presume that a people absolutely sovereign, and having an unlimited right to govern themselves as they please, would not deny to themselves the exercise of any power necessary to their prosperity and happiness, we should admit all fair and reasonable implications in favor of the government, because, otherwise, some power necessary to the public weal, might be dormant and useless.
In these respects, there is no just analogy between the State constitutions and that of the United States.
In the first place, the Constitution of the United States is not a frame of government to which there is but one party. The States are parties, each stipulating and agreeing with each and all the rest. Their agreement is, that a certain portion of that power which each is authorized to exercise within its own limits shall be exercised by their common agent, within the limits of all of them. This is not the separate power of each, but the joint power of all. In proportion, [ *96 ]*therefore, as you increase the powers of the federal government, you necessarily detract from the separate powers of the States. We are not to presume that a sovereign people mean to surrender any of their powers; still less should we presume that they mean to surrender them, to be exerted over themselves, by a different sovereignty. In this respect, then, every reasonable implication is against the federal government.
In the second place, the Constitution of the United States is not the primary social relation of those who formed it. The State governments were already organized, and were adequate to all the purposes of their municipal concerns. The federal government was established only for such purposes as the State government could not answer, to wit, the common purposes of all the States."Whether, therefore, the powers of that govern-
