Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-12-11

ruyselt that tue Dill eDutled an Act tt
inprove the navigation OF the Wabash
River which was sent to me at the
close Of your last session, ought 10
nsss. and | have therefore withheld
! rom it my approval, and now return
10 the Senate, the body in which il
originated.
There can be no question connected
With the administration Of public af.
fairs, more important or more difficult
70 be satisfactorily dealt with, than that
shch relates to the rightful authority
and proper action Of the Federal Gov
smment upon the subject of internal
nprovements. To inherent embar-
,assments have been added others re-
nIting from the course Of our legisla-
4 ton concerning it.
i | have heretofore communicated
fcely with congress upon this subject
nd in adyerting to it again, | cannot
efrain from expressing my increased
conviction of its extreme importance,
is we'll in regard to its bearing upon
line maintenance OF the Constitution g.
the prudent management Of the public
revenue, as on account of its disturb
ing effect upon The harmony Of the
i Union.
We are in no danger from violations of
he constitution by which encroachments
IRE made upon the personal rights of the
sIlizen. The sentence Of condemnation
ang since pronounced by the American
eOple upon acts of that character, will,
iaubt not, continue to prove as salutary
in it, effects as it is irreversible in its ma.
lure. But against the dangers of uncon-
htuiional acts which, instead Of menacing
\ The vengeance Of offended authority, prof
.r local advantages, and bring in their
tain the patronage of the government,
We are, fear, not so safe. To suppose
Il bat because our government has been in
ltiiuted for the benefit Of the people, it
nust therefore have the power to do what
yer may seem to conduce TO the public
pod. is an error, into which even honest
unds are too apt tn fall. In yielding
hsmselves TO this fallacy, they overlook
he great considerations in which the fede-
al constitution was founded. They for
rt that in consequence of the conceded di-
nrsities in the interest and condition of
he different states, il was foreseen, at the
etOd Of its adoption, that although par
;uIar measure of ihe government might
beneficial and proper in one state, il
hight be the reverse in another-that it
'as for this reason the states would not
Nnsent to make grant TO the federal go
rrnment Of the general and usual powers
ID government, but Of such only as were
specifically enumerated, and the pro babe
ifccts Of which they could as they thought
isiely anticipate: and they forget also the
paramount obligation upon all to abide by
he compact, then SO solemnly, and, as it
yas hoped, so firmly established In ad
tltion 10 the dangers to the constitution,
lprngng from the sources | have stated,
here has been ore which was perhaps
IEeater than all. | allude to the materials
which this subject has afforded for sinister
appeals TO selfish feelings. and the opinion
heretofore so extensively entertained o.
IA danfinn thu -s,.,rnnsas OF personal
ambition. With such s;imulants il is not
/ surprising that the acts and pretensions OF
he federal government in this behalf
I should sometimes have been carried to an
alarming extent. The questions which
have arisen upon this subject have rela-
i Ned -
lst. To the power Of making internal
1 Improvements within the limits of state
i with the right of territorial jurisdiction
!. efficient at least for their preservation
Nd use.
J Cd. To the right Of appropriating mo
liey in aid Of such works when carried or
ly state or by company in virtue o
sate authority, surrendering the claim o.
Jurisdiction and
Sd. To the propriety of appropriation
br improvements of a particular class
: NJ: for light houses, beacons, buoys
n public piers, and for the removal of sand
i bars, sawyers, and other temporary anc
7 partial impediments in our navigable rivers
n and harbors.
The claims of power for the genera
government upon each Of these points Ger
ainly present matter of the deepest inter
est. The first is, however. Of much thu
greatest importance, inasmuch as, in add
lion TO the dangers of unequal and impro
Fident expenditures of public moneys
common to all, there is superadded 4
that, the conflicting Jurisdictions OF tn
respective governments. Federal jurIs
dction, at least TO the extent have stated
las been justly regarded by its advocate
as necessarily appurtenant to the powe
in question, if that exists by the constitu
tion. That the most injurious conflict
would unavoidably arise between the re
spective jurisdictions of the state and fede
raj governments, in the absence OF a con
stitutional provision marking out their re
spectiye boundaries, cannot be doubted
The local advantages to be obtained woul'
induce the states TO overlook in the begin
ming the dangers and difficulties to whIc'
they might ultimately be exposed. Tn
powers exercised by the federal govern
ment would soon be regarded with Jealocu
sy by the state authorities, and oriSinatIn
as they must from implication or ASSUME
zion, it would be impossible to aifix
them certain and safe limits Opportun
ties and temptations TO the Assumption
power Incompatible with state sovereign.
would be increased. and those barrie