Mississippi Democrat., 1846-09-02


sumption of all powers which encroach
upon the reserved sovereignty OF the
States, and which consequently tend to
consolidation, is the duty of all the true
friends Of our political system. That
the power in question is not properly an
incident TO any Of the granted powers, |
am fully satisfied but it there were doubts
on this subject, experience has demonslra'
ted the wisdom of the rule that all the func-
tionares of the federal government should
abstain from the exercise of all question:
able or doubtful powers. II an enlarge
ment of the powers Of the federal govern
ment should be deemed proper, it is safer
and wiser to appeal to the States and the
people in the mode prescribed by the con.
stitution for the grant desired, than TO as
sumo its exercise without an amendment
of the constitution. If Congress does not
possess the general power 10 construct
works of internal improvement within the
States, or to appropriate money from the
treasury for that purpose, what is there to
exempt some, at least, of the objects of ap-
preparation included in this bill from the
operation of the general rule2 This bill
assumes the existence of the power, and
in some of its provisions asserts the prin.
ciple, that Congress may exercise it as
fully as though the appropriations which
it proposes were applicable to the con
struction of roads and canals. lflhere be
a distinction in principle, ii is not perceiv-
ed, and should be clearly defined. Some
Of the objects of appropriation contained
in this bill are local in their character, and
lie within The limits of single State; aud
though, in the language of the bill, they
are called harbOrS, they are not connected
with foreign commerce, nor are they places
of refuge or shelter for our navy, or com.
merciaI marine, on the ocean or lake
shores. To call the mouth of creek, or
shallow inlet on our coast, a harbor, cam
not confer the authority to expend the
public money in its improvement, Con.
gress have exercised the power coeval
with the constitution of establishing light
houses, beacons, buoys, and piers on our
ocean and lake shores, for the purpose Of
rendering navigation sale and easy, and
of aifording protection and shelter for our
navy and other shipping. These are safe
guards placed in existing channels of navi.
cation. After the long acquiescence OF
the government through all preceding ad'
mnistratons, am not disposed to ques-
tion or disturb the authority TO make ap-
preparations for such purposes.
When we advance step beyond this
point, and in addition to the establishment
and support, by appropriations from the
treasury, of lighthouses, beacons, buoys,
piers, and other Improvements within the
bays, nlets, and harbors on our ocean and
lake coasts Immediately connected with
our foreign commerce, and attempt to
make improvements in the interior at
points unconnccted with foreign com.
merce, and where they are needed for the
protection and security OF our navy and
commercial marine, the difficulty arises in
drawing a line beyond which appropria-
tions may not be made by the federal 60
vernment.
One of my predecessors, who saw the
evil consequences of the system proposed
to be revived by this bill, attempted to de-
fine this line by declaring that "expendl'
lures OF this character should be "con.
fined below the ports of entry or delivery
established by laws!" Acting on this re.
stricion, he withheld his sanction from g
bill which had passed Congress "to i'm
prove the navigation OF the Wabash river"
| He was at the same time sensible thai
this restriction was not satisfactory as
could be desired, and that much embarrass.
ment may be caused TO the executive de-
partment in its execution, by approprla
tons for remote and not well understood
Objects" This restriction, II was soor
found, was subject 10 be evaded, and rem
dered comparatively useless in checkin!
the system of improvements which It wa
designed TO arrest, in consequence of ih'
facility with which ports ot entry and de
livery may be established by law upon lh'
upper waters, and in some instances, al
most at the head springs of some OF th'
most important Of our rivers, and at point
on our coast possessing no commercial i'm
portance, and not used as places reing
and safety by our navy, and other ship
ping Many of the ports of entry and de
livery now athorized by law, SO far a
foreign commerce is concerned, exist onl
in the statute-books. No entry of io
reign goods is ever made, and no duIie
are ever collected at them. No export
of American products bound for foreig
countries, ever clear from them To as
sume that their existence n the statute
books as ports of entry or delivery wal
rant expenditures on the waters leadln
TO them, which would be otherwise unat
thorized, would be to assert the propos
, lion. that the law making power may eT
= graft new provisions on the constitution
If the restriction be sound one, 1t Gu
! only apply to the bays, inleis, and river