The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-13
PRESIDENTS VETO MESSAGE.

rivers" with the following objections 10 lis becom-
ing law
| Al the adoption Of the Constitution each State
was possessed Of a separate and independent sove-
regnty, aud exclusive urisdi ton all streams
and water courses within its territorial limits. The
Articles Of Confederation in way affected this au
thority jurisdiction, and the present Constitution,
adopted for the purpose of correcting the defects
which existed in the original articles, expressly re-
serves to the States all powers not delegated. No
such surrender of jurisdiction is made by the States
to this Government by any express grant and if il
is possessed, it is 10 be deduced from the clause IN
the Constitution which invests Congress with author
ty TO make all laws which necessary and prop
er for carrying into execution" the granted powers.
There is, in my view of the subject, no pretence
whatever for the claim TO power which the bill now
returned substantially sets up. The infereatia pow
err, in order to be legitimate must be clearly and
plainly incidental to some granted power, and neces
sary to its exercise. To refer il to the head of
convenience usefulness, would be to throw open
the door TO boundIess and unlimited discretion and
to invest Congress with an unrestrained authority
The power to remove distractions from the water
courses Of the States, is claimed under the granted
power /" to regulate commerce with foreign nations,
among the several Suites and with the Indian tribes !"
but the plain and obvious meaning of this grant is,
that Congress may adopt rules and regulations pre-
scribng the terms and conditions which the cti.
zens of the United States may carry on commercial
o leratons with foreign States or Kingdoms, and
on which the citizens or subjects OF To-
reign States or Kingdoms may prosecute trade
with the United States or either of them
and so the power TO regulate commerce among
The sereral States, no more invest Congress with
jurisdiction over the water of the States than
the first branch Of the grant does over the water
courses of foreign powers, which would be absur-
dny. The right of common use Of the people of the
United States to the navgable waters Of each and
every State arises from the express stipulation
tanned in the Constitution that "the citizens of each
State shall be entitled all privileges and immunities
of citizens in the several States - while, therefore
the avgation Of any river in any States by the laws
of such State, allowed TO the citizens thereof the
same is also secured by the Constitution Of the Uni
ted States, the same terms and condition. TO the
citizens of every other State; and so of any other
I privilege immunity The application Of the
revenue of this Government if the power to do
admitted, to improving the navigation Of the
rivers, by removing distractions or otherwise, would
he for the most part productive only Of local benefit
The consequences might prove disastrously ruinous
TO as many Of fellow citizen the exercise Of
such power would benefit i will take one instance
furnished by the present BILL out Of nydious feel
ing for such. it would be impossible for me to feel
but because Of my greater familiarity with locations
in illustration Of the above opinion. Twenty thou
sand dollars proposed to be appropriated towards
| improving the harbor Of Richmond in the State of
Virginia. Such improvement would furnish advan-
tsges to the ely Of Richmond, and add to the value
Of the property Of IFS citizens, while il might have a
most disastrous influence over the wealth and pros
perity Of Petersburg, which is situated some twenty
FIVE miles distant, on a branch Of James river, and
which enjoys its fair portion Of the trade So,
too, the improvement Of James river 10 Richmond,
and Of the Appomstox 10 Petersburg, might, by in.
ytng the trade to those two towns, have the effect Of
Frustrating the town Of Norfolk. This, too might
be accomplished without adding single vessel to the
number now Engaged in the trade Of the Chesapeake
Bay, or bringing into the Treasury dollar Of addi-
tionsl revenue. 1t would produce most probably
the single effect Of concentrating the now
proftsby employed by three places, upon one Of
them. This case furnishes apt illustration Of the
effect Of this bill m several other particulars.
elimination between the improving the streams of a
State under the power TO regulate commerce, and the
most extended system Of internal improvements on
land. The excayating canal paving a road, are
equally as much incidents 10 such claim Of power,
the removing distractions from water courses. Nor
can such power be restricted by any fair course Of
reasoning, TO the fac, Of making the improve
meut lressonably extends also to the right Of seek
ing return Of the means expended, through the ex-
action OF tolls and the evyng Of contributions
Thus while the Constitution denies TO this Govern
ment the privilege Of acquiring property In the soil
Of any State even for the purpose Of erecting ne
cessary fertilization, without grant from such State
this claim to power would invest it with control and
dominion over the waters and soil Of each State
without restriction Powers so incongruous cannot
exist in the same instrument
The bill is also liable TO serious objection, be-
cause Of its blending appropriation, for numerous
objects but few Of vh CHI agree in their general fea
lures This necessarily produces the effect Of en-
barrsssing Executive action. Some Of the sppropri-
atoms would receive my sanction IL separated from
the rest, however much might dcplore the repro
duction Of a system which, for some time past, has
been permitted to sleep with, apparently the scqui-
escence Of the country. ! might particuarre the
Delaware Breakwater, as an Improvement which
looks to the security, from the storms Of extend
ed Atlantic seaboard Of the vessels ofall the country
engaged either in the foreign coastwise trade,
we'll as TO the safety Of the reveoue but when in
connection with that, the same bill embraces i'm
provemonts Of rivers points, far in the interior
connected alone with the trade Of such river and the
ex rtion Of mere local influences, no alternative is
left me bu, to use the qualified pe,o, with which the
Executive is invested by the Constitution, and to re-
turn the bill TO the House in which originated for