Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-05-17

tesonir +! 'hc'icI IL De pOssibiC ~ idiSe
An army without it Z? If it be possible, The
bounty, on this theory, is unconstitutional
Undoubtedly there are other means fol
raising an army. Men may enlist without
bounty and if they will not, they may
be drafted. A bounty. then, according to
Amphyrtion, is unconstitutional, because
the power may be executed by a draft
and draft is unconstitutional, because the
power may be executed by bounty.
So too, Congress may provide for calling
out the militia and this power may be exc
cuted ny acquisitions on the goyernours, by
haps, by receiving volunteers. According
direct acquisitions on he militia, or per-
to the reasoning of Amphyction, no one OF
these modes can be constitutional. be-
cause no one OF them is indispensabIy ne
cessary.
Every case presents choice of means.
Every end may be attained by different
means. Ofno one Of these means can il be
truly said, that. "1sitkom Il. the end could
not be attained"
The rule then laid down by Amphyction
is an impracticable, and consequently an
erroneous rule.
II we examine the example he has adiu-
ced for its illustration, we shall! find that.
instead OF sustaining, il disproves his pro-
position. The example is this "Where
lands are let by one man TO another at the
viii oil the lesser, and the lessor sous the
land, and the lessee, after it is sown and
before the corn is ripe, put him out, yet
the lessor shall have the corn, and shall
have free entry, engress, md resress, to cut
and carry n1voy The corn"
The right to the crop growing on the land
when the lessor determines he estate. IS
an incident which the law, with much jus-
tee, annexes to tenancy at will bul is not
indispensable to its existence. 10 this
right is annexed as necessary incident,
The power OF carrying away the crop. The
transportation ofthe crop then becomes.the
end for which entry into the land is allow
ed, and the mode of transportation. the
means by which that end is to be accom-.
pllshed. has the tenant the choice of means
or can he use that mode Of convey ance on
ly without which the crop cannot be car
RED away A crop may be renewed by EN-
ployIng men only, by employing men and
horses, by employing horses and carts, or
by employing Wagons; In some instances
1t may be removed by land or by wafer
Has The person entitled to the crop, and
exercising this power of conveyance, his
choice OF means! or may the landlord say
to him, whatever mode of conveyance he
may adopt, this is not indispenably neces-
sary; you might have conveyed away the
crop by other means? Undoubtedly the
person allowed TO carry away his crop,
would not be permitted to throw down the
fences, trample the enclosed fe Ids land tres
pass at will on the landholder. But he has
The choice of appropriate" means for the
removal of his property, and may use that
which he thinks best.
This example then mightvery well have
been put by the court, as an apt illustration
OF the rue avowed in their opinion.
The rule which Amrhyction gives us
for the construction of the constitution, be-
ing obviously erroneous, let US examine
that which is laid down by the Supreme
Court,
The court concludes long course OF rea-
soning which completely demonstrates the
taIacy OF the construction made by the
counsel for the state OF Maryland, and now
adopted by Ampbyction, by stating its
own opinion in these words; 6" We think
the sound construction of the constitution
must allow to the national legislature that
discretion with respect to the means by
which the powers it confers are to be car
red into execution, which will enable that
body TO perform the high duties assigned
to 1t, in the manner most beneficial TO the
people. Let the end be legitimate, let it
be within the scope of the constitution and
all means which are appropriate, which are
plainly adapted TO that emu, which are not
prohibited, but consistent with the letter
and spirit Of the constitution, are constitu-
tionaI."
To this rule of CONJUNCTION, unless it be
itself grossly misconstrued, can perceive