Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-06-18
TIE VETO

has diS9raced or rendered bankrupt nan lteSltte'
of the Union, and tends Inevitably Ia destroy The
Government itself We believe that this is The
filth veto on bills of internal Improvement passec
bv Congress- yet so fierce and resolute Is lht
thirst for public plumber, that, although beat
en- back from the public Treasury, the assault
is renewed again Fortunate for the country, ano
the Republican principles OF the Constitution, me
President has once more arrested this policy, ana
hasenrolled his name with thatot Madison, Monroe
and Jackson. in his Just and noble efforts 10 save
the Constitution, and protect the people from Us
baleiu influences. Every true-healted Republl-
can will commend the deed and reloice al Inc
downfall of this worst of all Federal here>ieS Our
only regret is that so many OF the Democratic
party should be found uphodinS and Vlndlcatins
il; vet even they We trust, although governed by
local influences, must admire and approve OF the
course of the President. Ii is an awkward posi-
lion for Democrat to be following the lead OF
John Quincy AdamS-a man whose whole study
of the Constitution seems TO have been directed 70
the one great object Of destroying ii. From such
a leader and such course, Heaven save the coun-
try, but who can save Democrat RI Spectator.
To Tie House Of Representatives. f The {. States
return 10 the House OF Representatives, IN
which it originated, the biil entitled an aet ma
king appropriations for the improvement oi Ger
lain harbors and rivers" with the following OBJ
lections to lis becoming law:
Attic adoption the Constitution each State
was possessed OF 4 separate and independent
sovereignty, and an exclusive jurisdiction over
all streams and water courses within lis terrific
rial limits The articles OF Confederation in no
way affected this authority or jurisdiction, and
the present Constitution, adopted Tor the pur-
pose OF correcting the defects which existed IN
The original articles expressly reserves 10 the
States all powers not delegated. No such sur
render of jurisdiction is made by the States 10
this Government by any express grant; and il il
is possessed, il is to he dedlced from the clause
in the Constitution which invests Congress with
authority ito make all laws which are necessary
and proper for carrying into execution the
granted power. There is. in my View OF The
subject, no pre!ence whatever for the claim 10
power which the bill now returned substantially
SETS up The inieren,al power, in order 10 be
legitimate, must be clearly and plainly Incidental
10 some granted power, and necessary 10 It's eS-
ercise. To refer il 10 the head OF convenience
or usefulness would he 10 throw open the door
10 boundless and unlimited discretion, and TO
invest Congress with an mrcstrained authority
The power 10 remove Instructions from the wa
Ter courses OF the States, is claimed under the
granted power 10 regulate commerce with 10
reign nations 0mone he a'rerai St9tcS, and with
the Indian tribes" but the plain and Obvious
meaning ofths grant is, that Congress may adopt
rules and regulations prescribing the terms
and conditions on which the citizens OF the
United States may carry on commercial ope--
ra,ions with foreign States or kingdoms. and
reign States or kingdoms ma: prosecute trade
with the United States or either OF them:
and SO the power 10 regulate commerce among
tie screrol States no more invest Congress with
jurisdiction over the waller courses OF the States,
than the FIRST branch Of the grant does over the
watcr-courseS Of foreign powers, which would be
an abslrdi,v The right Of common Use OF The
people Of the United State 10 the navgable waters
Of each and every Stale, arises from the express
stipulation contained in the Constitution, that "the
citizens OF each State shall be entitled 10 all prvi
!eses and immuni,ies OF citizens i'll the several
States while therefore, the navigation Of any
river in any STATE, is bv the laws OF such State,
allowed 10 the citizens thereof. the same is also
secured by the Constitution OF the United States,
on the same terms and condition, 10 the citizens
Of every other Stale ami 50 of any other privi-
lege or immunity. The application of the reve-
nue. of this Government, if the power 10 do so was
admitted, 10 improving The navigation oil the rivers
by removing distractions or otherwise would be
for the most part productive only of local benefit
The consequences might prove disasrousy ruin
Gus 10 as MANY Of our felow-citiZens, as the
exercise OF such power would benef. | will take
one instance furnished by The present bill, out oil
no invidious feeling for such il would be imPossi-
be for me 10 feel but because Of my greater Ia
miliary with locations, inillustration otthe above
opinion. Twenty thousand dollars are proposed
10 be appropriated towards improving The harbor
Of Richmond, in the State of Virginia. such
improvement would furnish advantages to the
city Of Richmond, and add 10 the value OF the
property OF lis citizens while il might have most
Disastrous influence over the wealth and prosperl-
r. Of Petersburg which is situated some twenty
five miles distant on branch OF James river,
and which now enjoys It's fair portion OF the
trade So. too, the improvement Of James river
10 Richmond, and of the Appomatox 10 Peters
burg, might, By inviting the trade TO those TWO
towns have the effect OF prostrating the town OF
Norfolk This, too, might be accomplished
without adding a single vessel 10 the number
now engaged in the trade OF the Chesapeake
Bay, or bringing into the treasury dollar oil adj
ditional revenue. II would produce, mos, proba-
bly,, the single effect OF concentrating Inc com
nlerce now proftaby enjoyed by three places, up
on one of them. This case furnishes an apt il
lnslratou OF the effect Of this bin in several Other
particulars.
There cannot, in fact, he drawn the slightest
discrimination between the improving The streams
OF State under the power To regulate commerce
and the most extended system of Internal I'M
provemen,s on land. The excavating canal OF
paving road, are equally as much incidents &c
such claim of power, as the removing obstruc
lions from watcr-courses. Nor can such power
be restricted By any fair course OF reasoning, Il
The mere fact of making tho Improvement. II
reasonably extends also 10 the right of seeking a
return Of the means expended, through the exac
ton Of tolls and the levyins OF contributions
Thus, while the Constitution denies TO this Gov
eminent the privilege OF acquiring properly IL
The soil Of any State even for the purpose ol erect
ing necessary fertilization without gran, from
such State this claimlo powcrwouldiny invest itwii
control and dominion over the waters and soil o
each State, without restriction. Powers 81 neon
rruous cannot exist i'll the same instrument.
The bin is also liable 10 serious objection be
cause of its blending appropriations for numerous
objects but few OF which agree in their genera
features. This necessarily produces The effect o
embarrassing Executive action. Some OF the ap
propriatons would receive my sanction II sepa
rated from the rest, however much | might de
plore the reproduction OF system, which, Tor some
lime past has been permitted 10 sleep with, appa
rently, the acquieScence of country NIGH
partcularize the Delaware Brcakwater, as al
improvement which looks to the security, iron
the storms of our extended Atlantic seaboard, o
the vessels of all the country engaged either II
The foreign or the coaStwise trade, as well as L
The safety of the revenue; but when in connection
with that, the same bill embraces improvements
of rivers at points, far in the Interior connected
alone with the trade of such river and the exer
ton Of mere local influences, no alternative IS lei
me bu, 10 use the qualified reto, with which TIT
Executive is invested by the Constitution, ant
10 return the bin 10 the House in which it origi
mated, for lis ultimate reconsideration and dect
sion.
In sanctioning bill of the same title with tina
returned, for the improvement of the Mississippi
and its chief tributaries, and certain harbors OF
The lakes if bring myself apparently in con
aict with any OF the principles herein asserted, j
will arise on my part exclusively from the wan
sippi occupies footing altogether different from
the rivers and water-courses OF the diferen
States. No one State, or any NUMBER OF s'a.es
can exercise any other jurisdiction over II tnal
for the punishment Of crimes and the service &c 9
u Ill 40 M