The Express.
London, England, 1846-09-01 00:00:00

The general proposition that the feder
not peens spower is so well settled,
siderabb been so generally acqui
not to reiterate the arg
is ..mini. Nay as I dens it IMPOISMIr
'Mute diainniems whisk hue Wm
eery es this enigestass mu du
seilMsi
==atailsassiciaineg etibeaonsb
It is not that An him& g
limited powers/ is panes mu mulk, as
expressly granted in the eametitsties, •
dent to tie expressly granted power., as
execution. In determining whether • g
granted, a sound rule of construction ha
Mr. Madison. That rule is, that "
aris a communing a particular power,
whether the power he expressed in the a
the question Is decided. If it be not exi
gaily nu •t be, whether it is properly
expressed power, and necessary to its em
may bo exercised by Congress. If it be
act exeicise it." It is no: pretends.<
express grant in the constitution cons
the power in question. Is it then a
.smeary and proper for the execution
powers ? All the granted powers, it is
may be effectually executed witho
en Incident. " A power to be inck
exercised for ends which make it a prit
ret., independent of the principal po
incident." It is not enough that it e
Coignes as convenient, or that its exe
to the public weal. It must be necesiev
immution of the principal expressed po
Incident, and without which such print
anied into effect. The whole frame of th
rthat the government which it err
01l of limited and special powers.
constitution so broad se that by which tl
is defended, tends imperceptibly to a cc
in a government intended by its framer
in its authority. " The obvious tend
result of • consolidation of the states
would be tc transform the republi
United States into a monarchy." To
assumption of all powers which enc
served sovereignty of the States, and
tend to consolidation, is the duty of
of our political system. That the p
not properly an incident to any of thr
am fully satisfied ; but if there were di
experience has demonstrated the wisdon
the functionaries of the federal govern
from the exercise of all questionable or
an enlargement of the powers of the
should he deemed proper, it is safer ant
the States and the people in the mode p
stitution for lire grant desired, than no
without an amendment of the constii
does not powers the general power to e
temal improvement within the State,
money from the treasury for that purpoi
exempt some, at least, of the objects
chided in this bill from the operation
This bill assumes the existence of the m
Its provisions asserts the principle, that
vise it is fully as though the appromistii
were applicable to the construction of
If there be a distinction in principle,
and should be clearly defined. Some of
priation contained in this bill are local it
lie within the limits of a single state;
language of the bill, they are called h
connected with foreign commerce, nor
refuge or shelter for our navy, or coma
ocean or lake shores. To call the m
shallow inlet on our coast, a harbour
authority to expend the public money
Congress have exercised the power, co
tution, of establishing light-homes, beat
on our ocean and lake shores, fur the
navigation safe and easy, and of affol
shelter for our ,navy and other
guards placed in the existing channels
the lung acquiescence of the governor
ceding administrations' I am not dim)
disturb the authority to make appropri
poses.
When we advanced a step beyond tl;
to the establishment and support, by

the treasury, of light-houses, beacom
other improvements within the bays, in.
our ocean and lake coasts immediately
foreign commerce, and attempt to mu
the interior at points unconnected wit]
and where they are not needed for the
city of our navy and commercial marine
in drawing • lane beyond which appre
made by the federal government.
One of my predecessors who sa
quences of the system proposed to
bill, attempted to define this line by
penditures of this character " should
the ports of entry or delivery establie
ins on this restriction, he withheld
bill which had passed Congress " to
ton of the Wabash river." Ile wa
"sensible that this restriction was not a
be desired, and that much embarrass=
the executive department in its executi
for remote and not well understood of
Lion, it was soon found, was subject tc
dered comparatively useless in checl
Improvements which it • as designed to
of the facility with which ports of entry
established by law upon the upper s
instances almost at the head springs
unimportant of onr rivers, and at pewit/
log no commercial importance, and m
refuse and safety by our navy and othe
the porta of entry and delivery now
far as foreign commerce is concerned, ex
books. No entry of foreign goods is eve,
are ever collected at them. No exports
bound for foreign countries ever clear
aurae that there existence in the star
entry or delivery warrant expenditures
to them, which would be otherwise ui
to !Weft the proposition, that the lac
engraft new provisions on the cousin
Lien be a sound one, it can only apply t
rivers connected will. er leading to se
have foreign commerce; ports at which
arrive in bulk, paying the duties char;
which exports are made to foreign c
found by applying the restriction thee,
under consideration, that it contains aj
than twenty objects of internal impri
bill harbours, at places which hive n
law either ports of entry or delivery,
pears from the records of the treasury,
an arrival of foreign merchandise, and
never been a vessel cleared for a foreigt
found that many of these works are
the improvement of which approp
the first time proposed. It will be
bill contains appropriations for riv,
not only exists no foreign cowmen
there has not been established even
try, and for the mouths of creeks, (14
which if improved can benefit only
bonrbood in which they are situated.
to contain appropriations, the expendit
have the egad at improving one play
local, natmai avisiages of another it
this bill booms a law, the same prim
the approe riations which it proposes
authorise similar appropriations for t
the other bays, inlets, and creeks, se
propriety, be called harbours, and of al
or unimportant, in every part of the
the bill with such proviso's, would h
ciple that the federal government posy
peed the public money in a general e
provementa, limited in its extent onl:
discretion of successive Congresses and
It would be to efface and remove the 1
Lions of power, which the constitution I
limit the authority and action of the F
a few well-defined and specified objet
jections, the practical evils which me
cise, on the part of the Federal Goven
asserted in this bill, impress my mind
my duty to avert them from the count;
statntional action may enable me to do
It not only leads to a consolidation o
government at the expellee of the rig