Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1846-08-08
PRESIDENT PoLkS VETO OF THE Rlv.
ER MD HARROR BILL
hse q ReProseniaiiueS:

49, ~ y III w
making appropriations for the improvement
ol certain haIbors aud rivers with the car,
which ITS importance demands. and now ~.
tuni the same To the House of Representa-
uNcs'm which IT originated, with my obje..
uous to Its becoming a law The bill pro.
poses To appropriate one million three hun
bred aud seventy eight Thousand four hun.
dred and fifty dollars To be applied to more
than iorty distinct aud separate objects OF i'm.
provcmeut. On examining its provisions.
and the variety ol objects OF improvement
which II embraces, many OF them oi a local
character, II il difficult to conceive, IL it shall
be sanctioned and become a law, what prac-
neal constitutional restraint can hereafter BE-
Imposed upon the most extended system OF
internal Improvements by the federal govern
ment IN all parts OF the Union. III, consti-
tuition has not, in my judgement, conferred
upon The federal government the power 10
construct works OF internal improvement
within the States, or To appropriate money
from the treasury for that purpose. That this
OHt assumes tor the federal government the
right To exercise this power, cannot, | think,
be doubted. The approved course oi the gov
eminent, aud the dclibera tely-expresscd judg-
ment OF the people, have denied the existence
OF such a power under the constitution. Sew
crul OF my predecessors have denied its exist
cnce ia the most solemn forms.
The general proposition that The federal
government does not possess this power is 50
well settled, and has fora considerable period
been 50 generally acquicsced in, That il is not
deemed necessary tO r~eiteTate the arguments
by which II Is sustained. Nor do | deem il
necessary, after the lull aud elaborate discus
sions TO do more than state tue general
considerations which have satisfied me Of the
unconstitutiouality and ineXpediency Of the
exercise of such d power.
It's not questioned that the federal govern
ment is one of limited powers. Its powers
arc such, and such only as are expressly grant
ed IN the constitution, or are property Incl
dent to the expressly granted pOwers, aud
necessary 10 their execution. ln determii-
ing whetheTa given power has been granted a
sound rule oil construction has been laid down
by M. hudson. That rule is, that WHEN
ever a question arises concerning a particular
the INST question ~ whether the pow
r be expressed ~ the constitution. II Il be-,
lac question - decided. II IL be not express
The next inquiry must he, whether il is :
an incident To an expressed power, I
nd necessary To its execution. II il be, i'll
he exercised by Congress. II II b. mott
cannot exercise it II Is not pre-. B.
'nded that there Is any express grant in The
comforting ON Congress the power
question. Is II theu an incidental power.
and proper Tor the execution of any
u the granted powcrol All the granted pow
rs, II II confidently aihrncd, may bs ehectu
lly executed without tic aid OF such an Incl
lent. "a power to be incidental must not
exercised Tor ends which make it q %primci-
or substantive power, independent OF The
'nncipHl power To which IL j. an Incident
I - not enough that it may b. ngaflrl by
a. cOHrotioRi, OF that its exercise
'ould advance the public wCal. IL must be-
tccSSdTy and prOIicr to- the execution ol the
rli,lpdl expressed owe TO which II IL AN
Incident, and without which such principal |
over cannot b. carried into effect. The
'hole. frame oi the federal constitution proves
Nat the government which IL created was in
ended 10 b. ono OF limited and specified pow
Is. n construction OF the constitution so
road as that by which the power in ques-
ION Is defended, ten Is imp aceptibly TO
consoh iatiOn ot power In a government
Intended 10y It's Fam rs Ia be- thus limited
u ITS authority. lle obvious tendency
nd inevitable result OF a consolidation ot
NJ States into one sovereignty would b. To
the republican system OF the United
tdtes INTO a monarchy To guard against
assumption Of all powers which cncroach
IPon tie reserved Sovereignty of the States,
nj which consequently tend 10 consoli at IN.
) TIE duty OF all the true friends Of our pulit.
al system.
That lhe power in question IS not properly
u incident to ans OF tie granted powers am
Iliy satisfied; but il there were doubts ON
his subject, experience has demonstrated the i
.islom of the rule that all the lu%nctionsri cs
| the federal government should abstain from
ne exercise of all questionable or doubtful
overs. IL an enlargement OF the powcrs of
le federal government should be deemed
II Is shicr aud wiser to appeal 10 the
lates and the people in the mode prescribed
y the constitution tor the grant desired. than
, assume ITS exercise w%ithoutan amendment
tie constitution. II Congress does not
ossess the genefdl power To construct works
! internal improvement Within tie States
. To appropriate money from the treasury for
tut purpose, what is there TO EXEMPT some
{ least, ot the objects OF appropriation ;nclu.
ed ~ this bill from the operation of the gen
raj ruler This bill assumes the existence of
lc pow CT. and IN soine of It's provisions ~.
ers the principle, that Congress may exercise
I as fully as though the appropriations which
I proposes were applicable tO TIA constmc-
ton ct roads and canals. IL there be- a dis.
lnction ~ principle, II i not perceived, and
'''N' W. N"NNNN w hilFfAs DNIiit ~ the Oh
'cts OF appropriation contained ion this bill are
nCal "a their character, and lie within the
limits OF a s,nglc State, aud though, in the
lnguagc OF this bill, they arc called harboTs.
hey afc not connected with lofcign commerce.
Tor are they places OF refuge or shelter ior our
laVy, Or commercial marine on the ocean or
axe shores. To call the mouth Of a creek OF
shallow inlet OF our coast. a harbor. cannot
onirr the authority To expcnd the public
money in its improvement. Congress have
xerctsed he power COeval with tie cOnsiiiu.
OF establishing lighthouse. beacoug.
end piers On our ocean aud lake shores.
tie purpose at rendering navigation sale
nd easy aud OF allordiug protection aud shell
eT ior our navy and other shipping. These
re safeguards placed IN existing channels oil
svigaiiUn. After the long scquiescence OF
be- government through al preceding admin
stations. ] sm not %dispOsrd to question or
Tie authority to make appropriations
pr such purposes.
When we advance step beyond this point.