the Secretary contends that no restraint is to be imposed on the exercise of this power, except such as is expressly stated in the written letter of the instrument. In other words, that Congress may execute its powers, by any means it chooses, unless such means are particularly prohibited. But he general nature & object of the Constitution impose as rigid a restriction on the means of exercising power, as could be done by the most explicit injunctions. It is the first principle applicable to such a case, that no construction shall be admitted which impairs the general nature & character of the instrument. A free constitution of Government is to be construed upon free principles, & every branch of its provisions is to receive such an interpretation as is full of its general spirit. No means are to be taken by implication, which would strike us absurdly, if expressed. And what would have been more absurd, than for this constitution to have said that to secure the great blessings of liberty it gave to Government an uncontrolled power of military conscription? Yet such is the absurdity which it is made to exhibit, under the commentary of the Secretary of War.
But it is said, that it might happen that an army would not be raised by voluntary enlistment, in which case the power to raise armies would be granted in vain, unless they might be raised by compulsion. If this reasoning could prove any thing, it would equally show, that whenever the legitimate power of the Constitution should be so badly administered as to cease to answer the great ends intended by them, such new powers may be assumed or usurped, as any existing administration may deem expedient. This is the result of his own reasoning, to which the Secretary does not profess to go. But it is a true result. For if it is to be assumed, that all powers were granted, which might by possibility become necessary, & that Government itself is the judge of this possible necessity, then the powers of Government are precisely what it choose they should be. Apply the same reasoning to nay other power granted to Congress, & test its accuracy by the result. Congress has power to borrow money.[supp 1] How is it to exercise this power? Is it confined to voluntary loans? There is no express limitation to that effect, &, in the language of the Secretary, it might happen, indeed, it has happened, that persons could not be found willing to lend. Money might be borrowed then in any other mode. In other words, Congress might resort to a forced loan. It might take the money of any man, by force, & give him in exchange Exchequer notes
