Juliet signal. [volume] (Juliet [i.e. Joliet], Ill.) 1844-1???, 1846-08-18
Veto of the Harbor and River Bill.

To the House Of Representatives:
| have considered the bin emitted "An
act making appropriations for certain har-
bors or rivers, with the care which its i'm.
portancc demands, and now return the
same to the House of Representatives, in
which it originated. The bill proposes
to appropriate one million three hundred
and seventy eight thousand four hundred
AID fifty dollars to be applied to more than
forty distinct and separate objects OF i'm.
provement. On examining its provisions
and the variety OF objects of Improvement
which it embraces, many Them of To-
cal cha racter, it is difficult to conceive,
it it shall be sanctioned and become law
what practical constitutional restraint can
hereafter be imposed upon the most extern.
ded system ofinternal improvement by the
Federal Government in all parts OF the
Union. The constitution has not, in my
Judgment, conferred upon the Federal
Government the power to construct works
OF internal improvement within the States
or to appropriate money from the treasu.
ry for that purpose. This bill assumes
for the Federal Government the right to
exercise this power, cannot, | think, be
doubted. The approved course of the
Government, and the deliberately express
sed judgment of the people, have denied
the existence of such a power under the
Constitution. Several of my predeccs-
sors have denied its existence in The most
solemn forms.
The general proposition that the Fed
eral Government does not possess this
power, is so we'll settled, and has for
considerable period been so generally ac-
quiesced in, that il is not deemed necessa-
~ to reiterate the arguments by which il
is sustained. Nor do deem necessary
after the full and elaborate discussion
which have taken place before the coun-
try on this subject, to do more than state
the general considerations which have
satisfied me of the uncon stitutionality and
inexpediency of the exercise of such
power.
1t is not questioned that the Federal
Government is one of limited powers
Its powers are such and such only as are
expressly granted in the Constitution, or
are properly incident to the expressly gran
ted powers, and necessary to their execu-
ton. In determining whether a given
power has been granted sound rule of
construction has been laid down by Mr..
Madison. That rule is, that whenever
a question arises concerning a particular
power, the first question is whether the
power be expressed in the Constitution
It it be, the question is decided. If be
not expressed, the next inquiry l.Ist he.
whether it is properly an incident to an
expressed power, and necessary to its ex-
,ecution. Ifit be, it may be exercised by
Congress. fit be not, Congress cannot
exercise it" 1t is not pretended that there
is any express grant in the Constitution
comforting on Congress the poweri in ques-
ton. 1t issthen an incidental power in
question. Is it then an incidental power,
necessary and proper for the execution of
any ofthe granted powers? All the gran
ted powers, tits confidently affirmed, may
be effectually executed with the aid Of
such an incident. ga power to be Incl
dental must not be exercised for ends
which make it principal, or substantive
power, independent of the principal pow
.er to which it is incident 1t is not e.
nough that it may be regarded by Con-
gsess as convenient, or that its exercise
would advance the public veal. 1t must
be necessary and proper to the execution
ofthe principal expressed power to which
it is an incident, and without which such
principal power cannot be carried inioH
effect. The whole frame Of the federal
Constitution proves that the Government
which II creates was intended to be one