Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-08-03

NNN'NNN, anu WHICH By Delu. merely
called mean, Is 10 enlarge al the discre,.
ton of congress, the field Of legislation.
iaid ok IN the constitution, by meies and 4
bounds. The supreme court ihemsel, rs /
seem To recognise this doctrine. (See
paragraph AZ Ii may he there seen.
nut "a It were through "A glass, darkly. a.
Lei us be more precise. There il no
end TO discussion where terms are not de-
hued.
Means, ARE the measures adopted 10 car
~ gwen powerinio operation. OF these,
congress are 10 Judge among these, they
are 10 make their selection bui ihe
means selected must be means oGiN, So
distinctly and empiiatica'iy Means, that
nAcn the primcipot OF Spscihc pOrcr as So
peFteGed, tie m5oMS are S3perceded dtS0.--
NeauH are accessories which follow the
p'nri, al. They may be conpared 10
the sail u! ship, or the machinery OF a
mil. If the ship is laid up, the sails are
ct no use. II HE mill is pulled down, the
ma. hinery Is thrown away. Examples
will afford complete illustration.
The government is authorised to es-
labiish post Offices and post roads. In
the exercise of the power given by these
words, government, provides for the
transportation of the mail; for it's safe
TRANSFORMATION. If ID law be passed, TO
punish the robbers of The mail, that law
Is mean 10 effect the object, aud nothing
more. | say, and nothing more, because
Il Is obvious that II the post office estab-
llshm,n, should beput down by a consii-
tuiiond amendment, that law would
TAI, wiih II. There would moi be an inch
OF ground on which ii could stand. In
Ike manner, II The whole military estab-
-lishmeat OF the United States, should be
pun down, IN consequence of The total
absence OF all danger from invasion, all
'he laws relating 10 the support and dis
tipine Oi The army, constituting of them
selves no inconSiderable code, though not
repealed, by words 10 that effect, would
slew themselves To- be mere accessories
nrmrans by being left in allowance or su.
pence, utterly inert, until an army SHOULD
again be raised. This appears 10 be pain
language, which all may comprehend;
and II Is manifest, that il the government,
IN exercising The powers expressly grant
ed, VIII only use means thus limited, and
understood, the government Is precisely
as limited, IN lis ordinary operations, az
the constitution. by specification o.
powers, intended il 10 be.
On the contrary, If congress, ia pro-
tossing 10 execute granted power, NAV
Ia an original. distinct, and MtcpeHdcut
system, to a sHb>iautive plan, VI aica can
stand hy Itself, and really has for us OBJ
leci, that which is not wit!In The sccpe
OF any OF The specified powers. though
II may serve TO AID the " ii cal" civil. or
military operations of tie government,
the specification of powers is absurd.
because II s useless. Every power that
an imagination, goadeG by sciilshness or
ambition, or vanity, may conceive TO be
instrumental Ia prvmOiIng the vast ope-
raiions OF tins gr' al government, of this
extended republic, becomes Il mean with
IN ne reach OF congress, and the Whole
'ahrlr at the constitution, even 10 the
cornrr stone OF lis foundations, is shaken
OF deStroy cn.
Political science meyer can attain the
certainty of Mathematics, but We should
Oifener approach nearrrto something like
demonstration, il we would aiwavs define
our tegmS, REJECT very thing that is no,
areumtnI, particularly the opinions .:
individuals, )and illustrate our proposl.itas
~ examples. In tSis mode Of discus. o,
there would be no room for eOqu, .ce
(Which Is indeed OF very little valued bui
more roomtor argument, which alone -
10 be regarded.
'"N 'oi'o"iIS case VIII IuIiy explain
the tendency of the peuul;inait re-
max -Cnngress are expressly empower
ed 10 raise and supper, armies
The means OF raising them are LETT iodine
discretion OF congress. They may give
high pay, without bounty, or a bounty
in meney or in land, or a certain proooC-
ton OF pay, after so many years service:
aud that service may be long or short, as
policy may direct. They may support
the army thus raised, by means most
conducive TO tile health OF the imdiyidu-
ais, and Tie good of the nation. Every
power OF thus description, is within the IL
mits OF congressional discretion.
bhi "neh congress propose, 10 CON
struci roads aud canals, because lhev
may facilitate the military operations Of
the government, is IL moi clear, that the
means here selected, constitute, not an
Implied accessorial and incidental power.
but distlnct, original power, not gwen,
and therefore moi TO be exercised
On this point, something approaching
demonstration, may be offered. Let us
suppose, that the military establishments
oil lie Unlted States were entirely done
away That congress Undtr the Influence
oil causes, wiiichln halIa century perhaps,
VII be completely developed, should
cease I'D exercise the power 10 raise ami
support armies The road and canal svs-
ten. which is said TO spring uut of if,
would survive The principal power, and
occupy precisely the same ground as if
The power to establish that 81 stem bad
been expressly gwen. The accessory
then would not follow the principal. The
means would continue, after tho end. for
which the means were instituted, had
been abandoned. Is nui this absurd ? 70
see more distinctly, HE wide interval, be-
tween The power TO raise and support ar..
mics, and lie power TO construct roads
and CaMals In irnlLL lhp 1nlaL ahnnn..o IL