The Arkansas banner., 1844-07-24
THE LAST VETO MESSAGE.

Ill WHICH It oriSihatcus the Difi entitled sAt { act making appropriations for the improve ments of certain harbors and fivers,S with ! the following objections to its becoming law:
 Al the adoption of the constitution, each Stale was possessed of 3 separate and inde- pendent sovereignty and an exclusive iuris- dietion over all streams and Water courses within its territorial limits. The articles of confederation in no way affected this autllori- ty or jurisdiction, and the present constitu- ton, adopted for the purpose of correcting the delects which existed in the original ar- ticles, expressly reserves to the States all powers net delegated. N Q such surrender of jurisdiction is made by the States to this Government by any express grant; and if its possessed, 1t is to be dednced from the clause Ill the constitution which invests Congress with authority ito make all laws which are necessary and proper for carrying into exc cutione 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 inierenial power, ill order to he legitimate, must be clearly and plainly in- eidental to some granted power, and neeessa- " to its existence. To refer 1t to the head of convenience or usefulness, would be to throw open the door to boundless and un- limited discretion and to invest Congress with an unrestrained authority. The power toreniove obstructions from the water courses of the States is claimed under the granted power ssto regulate commerce with foreign nations, among He seueral States. and with the indian tribes; ? but the plain and obvious meaning of this 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 commer- clal operations with foreign states or king doms, and on which the citizens or subjects of foreign states or kingdoms may prosecute trade with the United States or either of them ]; and so the power to regulate commerce aaloag the seUeral SidtcS no more invest Gnn- gross with jurisdiction over the water courses oi the states, than the first branch Of the grant does over the water courses of foreign powers, which would be an absurtIiiy.
 The right of common use of the people of the United Slates to the nayigable wales oi each and every state, arises from tie ex- press stipulation contained i'll the constitution, that s'the citizens of each state shall be enti- tied to all privileges and immunities of eiti- zens in the several states,n while, therefore, the navigation Of any river in any state is, 1 by the laws of such state, allowed to the citi- zens thereof, the same IS also secured blythe constitution of the United States, on the same terms and conditions, 10 the citizens of every other state; and so of every other privilege Of immunity The application of the reye- nue ol this Government, fl the power to do so was admitted, 10 improving the navigation of the rivers, by removing Instructions or otherwise, would be for the most part pro- dueiive only of local benefit. The sconse- quences might prove disastrously ruinons 10 as many of our iellow-citizens as the cxer- else of such power would benefit. will take one instance furnished by the present bill, out of no invidious feeling, for such 1t would be impossible for me to feel, but be- cause of my. greater familiarity with loca- tions, in illustration of the above opinion.
 Twenty thousand dollars were proposed to be appropriated toward improving the har- ber of Richmond, in the State of Virginia Such improvement would furnish advantages to the city of Richmond, and add to the value of the property of itsscitzens, while il might have q nest disastrous .in1uenee over the wealth and prosperity of Petersburg, which Is situated some twenty-five miles dist< on a branch of James River, and whicnlllow enjoys is fair pEaelian- of the trade. Sa, too the improvements of James River to Rich. l mond, and of the Appomatox 10 Petersburg I might, by inviting the trade to those i've towns, have the effect of prostfating tlle town of Norfolk. This, too, might be ac- complished without adding a single vessel to 1 the number nowsengaged in ihe trade of the Chesapeake Bay. or bringing into the treasu- " dollar Of additional revenue; it would produce, most probably. the single effect ol concentrating the commerce now profitably enjoyed by three places, upon one of them This case furnishes an apt illustration of tho effect of this bill i'll several other particulars I There cannot in fact bedrag-l the slightes q discrimination between the improving thu
 streams of state under the power 10 regi
 late commerce, and the most extended system
 of internal improvements on land. Th,
 excavating a canal and paving a road art \ equally as much incidents 10 such claim o f power as the removing distractions iron
 water-courses. Nor can such power bI restricted by any fair eoursesof reasoning t
 the mere fact of making the improvement
 Ii reasonably extends also to the right o
 seeking Il return of the means expended
 through tie exaction of tolls and the levy 1 ing of contributions Thus while tie con \ siitution denies to fhis Government the prvi ege of acqeiring a prorerty in the soil 0
 any state, even for the purpose of erecting Il necessary fortiiieation, without grant iron
 such state, this claim 10 power would inves # with control aaa doniiiioa .oyef fife Water
 and soil oi each state, without restriction.-
 Powers so incongruons cannot exist ln th'
 same instrument.
 a Tbe bill is also liable to serious objec ion. because of is blending appropriation
 for numerous objects, but few of which agre
 in their general features. This necessafil. ' produces ihe effect of embarrassing ENessi
 tise action. soma Of inc appfopFialiea
 weuld rereiye my sanction if separated iron
 the rest. however much | might deplore tn