otherwise
specially provided for, is supported by the obvious intent of the
several powers granted to Congress, to which a more particular attention
is now due. Of these the right to declare war is perhaps the most
important, as well by the consequences attending war as by the other
powers granted in aid of it. The right to lay taxes, duties, imposts,
and excises, though necessary for the support of the civil government,
is equally necessary to sustain the charges of war; the right to raise
and support armies and a navy and to call forth and govern the militia
when in the service of the United States are altogether of the latter
kind. They are granted in aid of the power to make war and intended to
give effect to it. These several powers are of great force and extent,
and operate more directly within the limits and upon the resources of
the States than any of the other powers. But still they are means only
for given ends. War is declared and must be maintained, an army and a
navy must be raised, fortifications must be erected for the common
defense, debts must be paid, For these purposes duties, imposts, and
excises are levied, taxes are laid, the lands, merchandise, and other
property of the citizens are liable for them; if the money is not paid,
seizures are made and the lands are sold. The transaction is terminated;
the lands pass into other hands, who hold them, as the former
proprietors did, under the laws of the individual States. They were
means only to certain ends; the United States have nothing further to
do with them. The same view is applicable to the power of the General
Government over persons. The militia is called into the service of the
United States; the service is performed; the corps returns to the State
to which it belongs; it is the militia of such State, and not of the
United States. Soldiers are required for the Army, who may be obtained
by voluntary enlistment or by some other process founded in the
principles of equality. In either case the citizen after the tour of
duty is performed is restored to his former station in society, with his
equal share in the common sovereignty of the nation. In all these cases,
which are the strongest which can be given, we see that the right of
the General Government is nothing more than what it is called in the
Constitution, a power to perform certain acts, and that the subject on
which it operates is a means only to that end; that it was both before
and after t