in those instances in which power is given by the constitution for those purposes; and that among other essential rights, the liberty of conscience and of the press cannot be cancelled, abridged, restrained or modified by any authority of the United States.
"With these impressions — with a solemn appeal to the Searcher of hearts for the purity of our intentions, and under the conviction, that, whatsoever imperfections may exist in the constitution ought rather to be examined in the mode prescribed therein, than to bring the Union into danger by delay, with the hope of obtaining amendments, previous to the ratification: We, the said delegates, in the name and behalf of the people of Virginia, do by these presents, assent to and ratify the constitution, &c." — concluding in the usual form.
Such is the recorded construction, which that great and leading State placed on the constitution, in her act of ratification. That her object was to guard against the abuse of construction, the act itself, on its face, and the discussions in her convention abundantly prove. It was done effectually, as far as it depended on words. It declares that all powers granted by the constitution, are derived from the people of the United States; and may be resumed by them when perverted to their injury or oppression; and, that every power not granted, remains with them, and at their will; and that no right of any description can be cancelled, abridged, restrained or modified by Congress, the Senate, the House of Representatives, the President, or any department,
