Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/458

 450, and with the high character of the enlightened and patriotic citizens, who framed it, as well as of those, who ratified it, than one, which subverts every sound principle and rule of construction, and throws every thing into confusion.

§ 981. I have dwelt thus long on this part of the subject, from an earnest desire to fix, in a clear and satisfactory manner, the import of the second part of this grant, well knowing, from the generality of the terms used, their tendency to lead into error. I indulge a strong hope, that the view, herein presented, will not be without effect, but will tend to satisfy the unprejudiced and impartial, that nothing more was granted by that part, than a power to appropriate the public money raised under the other part. To what extent that power may be carried, will be the next object of inquiry.

§ 982. It is contended, on the one side, that, as the national government is a government of limited powers, it has no right to expend money, except in the performance of acts, authorized by the other specific grants, according to a strict construction of their powers; that this grant, in neither of its branches, gives to congress discretionary power of any kind; but is a mere instrument in its hands, to carry into effect the powers contained in the other grants. To this construction I was inclined in the more early stage of our government; but, on further reflection and observation, my mind has undergone a change, for reasons, which I will frankly unfold.

§ 983. The grant consists, as heretofore observed, of a two-fold power; the first, to raise, and the second, to appropriate the public money; and the terms used in both instances are general and unqualified. Each