The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-08-05
v e TO M e s S A G E
OF
PRESIDDEMT POLK
Bill Making Appropriations for the Improve.
mcnt of the Rivers and Harbors.
OF THE


mcnt of the Rivers and HarbOS
To "a. House Of Rsprsssntaf rest
have considered ,hs bill entitled An act making
appropriations for tho improvement of certain habors
and rivers with the which Its Importance demands
and now return the same to the House Of Represents
tvss in which orig mated with my objections to its be-
coming law. The bill proposes TO appropriate ono
million three hundred and seventy eight THOUSAND four
hundred and fifty dollars to be applied to more than forty
distinct and separate objects OF improvement =
On examining its provisions. and the variety Of
objects OF Improvement which il embraces, many of
them of local character it is difficult conceive If 1t
shalt be sanctioned and become law, what practical
constitutional resant can hereafter be imposed upon the
most extended system OF Internal improvements by the
federal government ia all parts Of the Union The
stutIcn has not IN my Judgement conferred upon the
ternsl Improvement within the States to appropriate
money fIom the treasury for thu: purpose That this
ercise this power, cannot think he doubted The sp
proved course of the and the deliberately
isIence Of such power under the constitution Several
Of predecessors have denied it, existence in the
most solemn forms
The general proposition that the federal government
does posses this power well settled and has Tor
considerable period been generally acquoscsd in,
by which il is sustained Nor do deem it necessary
alter the full and elaborate discussions which have taken
place before tho country this subject do than
stare the general considerations which satisfied me
OF the unconsttutionaty and inexpedency of the exer
else Of sucha power.
not questioned that the federal government one
Of limited po Its powers such, and such only
expressly granted in the constitution pro-
peIy incident to the expressly granted powers and
cessary to their execution. In determining whether
given has been granted sound rule Of construe
ton has been laid down by Mr. Madison That rule is
that whsnever qu, ston arises concerning parti
cular power the first question neither the power be
pressed in the constitution If 1t be the question is decided
be not expressed the next inquiry must be- whether
it properly incident to an expressed power, and
S 80 " no ss
not pretended that there any express grant in the
constitution comforting on Congress the power in
question 1T then incidental power necessary AMI
proper for the execution OF of the granted powers
All the granted powers it is confidently affirmed, may
be effectuay executed without the aid of such
incident "A power to be incidental must not be
ced for ends which make IT principal substantive
power independent of the principal power to which is
an Incl ent 1t is enough that it may be regarded
by Congress convenient, that its exercise would
hdvance to the public veal |. must be necessary and
proper the vi the principal expressed power
TO which it incident and without who such principal
power cannot be carried into effect The whole frame
oil the federal constitution proves that the government
whish it intended TO be Of limited and
specified powers construction OF the constitution
broad that by which the in question is dee nd
3D. tends impercepuby to consolidation oil power in
government intended by its trainers TO be thus limited 10
its authority. The obvious tentoncy and inevitable
result of consolidation of the States into egn
~ would be to transform the republic an system OF the
United States into monarchy TO guar agains: the
assumption of all powers winch encroach upon the
served sovereignty OF the States and which consequent
ly tend TO consolidation is the duty ola the true fenls
-four political system That the power in question is
properly incident to any OF tie granted powers
iuy satisfied; but if there were DOUBTS this sub
ject experience has demonstrated the wisdom of the
rule all the funconares the federal government
sbeud abs ain from the exercise of all questionable
doubtful power. II an enlargement OF the powers OF the
fede should be deemed oper il is safer
and Wiser TO appeal To the states and the people in tile
mode prescribed by the constitution for the grant desired
than u its exercise without endnent OF the
Constitution II Congress does not posses the general
power 10 construct works OF internal Improvement with
ia the States appropriate money IOm the treasury
for that purpose what Is there TO exempt some at least
Of the objects OF appropriation included tins bill IRON
the operation OF the general rule This bill assumes
the existence o! the and IN some Of its provisions
asserts the principl that Congress may exercise IL
fully though The appropriations which it proposes
applicable TO the construction OF roads and canals
II there bs distinction in principle il is not perceived
and should be clearly defined some oi the objects OF
appropriation contained in this bill are local in their
Iac.r and lie within limits Of single State;
though in the language OF the bill, they called har
bors they are NOT connected with foreign commerce.
they places oil refuge shelter navy
commercial marine on the ocean or lake shores To call
tho mouth Of creek, or shallow inlet our coast a
hartor cannot conie the authority to expend the pub
Tic money, IN IT'S Improvement Congress nave
exercised the power coeval with the constitution Of
establishing lighthouse beacons, bueys anu piers
ocean aad lake shores, for the purpose Of
rendering navigation safe and easy, and OF afording
protection and shelter for our navy and other shipping
hose safe guards placed IN the existing channels
nav CATION Alter the long acquescence vi the
meut through ali preceding administrations, am not dis
posed to question disturb the authority to make APP
prvpriatlons for such purposes
when we advance step beg ond this point in addition
10 establishment and support by from
the treasury OF light houses beacons Duoys PIERS ana
oher Improvements within the bays, Inets and harbors
on our ocean ana lake coasts Immediately connected
with eur ioi eign commerce, and attempt To make I'M
ptovements IN the Interior at points unconnected with
foreign commerce, and where they not needad for
the protection ana security Of navy and
marine the dInculty arises in drawing line hey ond
which appropriations may not be made by the federal
government
One OF my predecessors, who saw the evil conse-
quences OF the system proposed to be revived by this
ball. attempted 70 define thus line by declaring that ca
pendnres OF this character should bs confined below
Inc ports OF entry delivery established BY law 20 Act
ing this restriction, he withheld his sanction from
bill which had passed Congress 10 improve the naviga-
ton OF the Wabash river" lie was at the same
sensible that restriction not satisfactory
could be and that much embarrassment may be
caused the executive depaI tment in execution by
pylopnauons Tor remote and veil Understood
iscls Ans restricton was soon iound las subject
be evaded, and renGeted comparatively useless ia
checking the 3, stem OF improvements which 1t was
designed to arrest, in consequence OF the facility
Win when ports oil entry and delivery may be Co.
tabshcd by law upon the upper waters, and in
some instances, almost at the head springs OF
sumo OF tho most uaimportant OF our nveIs and
at poms on our coast possessing no commercial mpor.
talice and used places refuge and safety by
our navy, anu oner snipphs many Vi tne ports oi en-
try anu delivery now sunoriLed by law so lar foreign
commerce 10 concerned, exit only in the satute books
No entry oil ieregn goods Is ever made and
ever Collected al hem No exports vi American products
bound Tor foreign counres clear them AZ as
existence the book olts oil en-
try delivery wansnt xpnditures aers leading
them, which would be unauthorized
be the proposition, that tie ing DO el
may eng afl IA. provisions the Cons luton A Tue
IestIcuva SQUAD one II can only apply the ba,
ie,s connected with OF ieauins to Dol
rs actually have iorelgn Commerce; ports winch
foielsn inportaiIcns aiive III bulk, ing the
ged BY law, aud from which exports are made
regu IL will be iound ny apply ing the
uvn uus rstood, the bill under that
1t contains appropriations ior than twenty objects
internal emcnt called III the Oil haIbofs al places
which been d. ciaIed by law either pofts
entity oel cry, and at which, as appears IRON the
Gurus vi the treasury there has never been ali arsI
foeign merchandise and from which tneIe has never
been vessel olea ed Tor ioiegn country IL Will be
found that many oi these orks and at places oI
The Improvement Of winch appropriations are now To-
the nrs time proposed. IL be ound, also tnst the
bill contains appropriations Tor rivers upon which there
there has not been established OF
try, ana Tor the mouths oil creeks, denoInaeu hsrbors
winch improved can benefit only the partic
boihood in which they situated IL will be found
too to contain appropriations the expenditure OF hct
VIII only have the effect oi improving place the
expense Of the local. natural advantages another I'D III
VICINITY Should tins bill become law the pin