which will consist with its words, and best promote its general intention. And we are authorized to imply a negative from affirmative words, where that implication promotes the intention. So a limitation on the broad terms of the grant is necessarily implied in other branches of this power, and in the manner in which it has been exercised by Congress.
The grand object of the framers of the Constitution of the United States, was to establish a common government for sovereign States, and to leave that sovereignty unimpaired, wherever it could be so left without impairing the government of the Union. That Congress has never, in any one single instance, even by implication, passed any law relating to the militia, their organization, discipline, or arms, except as in reference to some known or supposed public enemy, in present or in future, where the services of the militia might be requisite for the common defence, and for the security of the States, is to my mind a strong argument that they do not deem themselves authorized to interfere with the police regulations of a State, as to the mode or manner in which arms may be carried in time of peace, and in the ordinary associations of life unconnected with military warfare.
The act of the General Assembly of this State, rendering it penal to carry concealed weapons, does not, in my opinion, conflict with any of the powers of the General Government. On the contrary, I view it as the exercise of a power loudly called for by our citizens, and which, if strictly enforced by the public authorities, would add greatly to the peace and good order of society, the security of our citizens at home, and the reputation of the State abroad.
I therefore concur with the Chief Justice, that the exercise of the legislative power in the enactment of the law in question, does not infringe either the Constitution of the United States or of this State.
By LACY, J.
The defendant in the court below stands indicted by virtue of the authority of the 13th section of an act of the Legislature, prohibiting any person wearing a pistol, dirk, large knife, or sword-cane, concealed as a weapon, unless upon a journey, under the penalties of fine and imprisonment. Rev. Stat., p. 280.
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