can be prosecuted with
success without the command of the resources of the Union in all these
respects. These powers, then, would of necessity and by common consent
have fallen within the right to declare war had it been intended to
convey by way of incident to that right the necessary powers to maintain
war. But these powers have all been granted specifically with many
others, in great detail, which experience had shown were necessary for
the purposes of war. By specifically granting, then, these powers it
is manifest that every power was thus granted which it was intended
to grant for military purposes, and that it was also intended that no
important power should be included in this grant by way of incident,
however useful it might be for some of the purposes of the grant.

By the sixteenth of the enumerated powers, Article I, section 8,
Congress are authorized to exercise exclusive legislation in all cases
whatever over such district as may by cession of particular States and
the acceptance of Congress, not exceeding 10 miles square, become the
seat of the Government of the United States, and to exercise like
authority over all places purchased by the consent of the legislature
of the State in which the same shall be, for the erection of forts,
magazines, arsenals, dockyards, and other useful buildings. If any doubt
existed on a view of other parts of the Constitution respecting the
decision which ought to be formed on the question under consideration,
I should suppose that this clause would completely remove it. It has been
shown after the most liberal construction of all the enumerated powers
of the General Government that the territory within the limits of the
respective States belonged to them; that the United States had no right
under the powers granted to them, with the exception specified in this
grant, to any the smallest portion of territory within a State, all
those powers operating on a different principle and having their full
effect without impairing in the slightest degree this right in the
States; that those powers were in every instance means to ends, which
being accomplished left the subject--that is, the property, in which
light only land could be regarded--where it was before, under the
jurisdiction and subject to the laws of the State governments.

The second number of the clause, which is applicable to military
and naval purposes alone, claims particular attention here. It fully
confirms the vi