Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-09-02
VETO OF THE RIVER AND HARBOR BILL.

VETO OF THE RIVER AND HARBOR BILL.
To the House Of Representatives.:
| have considered the bill entitled San
act making appropriations for the improve
ment of certain harbors and rivers" with
the care which its importance demands,
and now return the same 10 the House of
Representatives, in which it originated,
with my objections to its becoming a law.
The bill proposes to appropriate 1875.
$50 dollars to be applied to more than for
~ distinct and separate objects of i'm
provement. On examining its provisions,
and the variety of objects of improvement
which it embraces, many of them of To-
cal character, it is difficult to conceive, if
it shall be sanctioned and become a law,
what practical constitutional restraint can
hereafter be imposed upon the most ex-
tended system of internal improvements
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
ofinternai Improvement within the States,
or to appropriate money from the treasury
for that purpose. That this bill assumes
for the federal government the right to eX-
ercise this power, cannot, think, be doubt
ed. The approved course of the govern
ment. and the deliberate y-exp:essed judy
nIent of the people, have denied the exist
ence Of such power under the constitu-
ton. Several of my predecessors have
denied its existence in the most solemn
forms.
The general proposition that the fede-
raj government does not possess this power
is so we'll settled, and has for consdera-
Bile period been so generally acQuiesced
in, that it is not deemed necessary TO re-
iterate the arguments by which it is sns-
tanned. Nor do | deem it necessary, after
the full and elaborate discussions which
have taken place before the country on
this subject, to do more than state the
general considerations which have salts
fed me of the unconstitutionality and in
expedency of the exercise of such a
power.
1t is not questioned that the federal 60
vernment is one Of limited powers. Its
powers are such, and such only as are ex-
pressly granted in the constitution, or are
properly incident to the expressly granted
powers, and necessary to their execution.
In determining whether given power has
been granted q sound rule of construction
has been laid down by Mr.. Madison. That
rule is, that " whenever question arises
concerning particular power, the first
question is whether the power be expressed
in the constitution. If it be, the question
is decided. If it be not expressed, the
next inquiry must be, whether it is pro-
perIy an incident to an expressed power
and necessary to its execution. If it be,
it may be exercised by Congress. If il
be not, Congress cannot exercise it." Il
is not pretended that there is any express
grant in the constitution comforting on
Congress the power in question. Is il
Ihen an incidental power, necessary and
proper for the execution Of any of the
granted powers? All the granted powers,
it is confidently affirmed, may be effectu.
alIv executed without the aid of such an
incident. GA power to be incidental must
not be exercised for ends which make it a
principal, or substantive power, indepen
dent of the principal power to which it i:
an incident" 1t is not enough that it may
be regarded by Congress as Convenient, OIL
that its exercise would advance the pub
lie veal. 1t must be necessary and pro
per to the execution of the principal ex
pressed power to which it is an incident
and without which such principal power
cannot be carried into effect The whole
frame of the federal constitution proves
that the government, which it creates was
intended TO be one of limited and speci
fed powers. A construction of the con
stitulion so broad as that by which the
power in question is defended, tends i'm
perceptbly to a consolidation of power il
a government intended by lis trainers t,
be thus limited in Its authority. "The ob
vious tendency and inevitable result of ;
consolidation of the States into one sove
relgnty, would be to transform the repub
lican SYSTEM Of the United States into