The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-08

this same subject of Internal Improvement, by
Presidents Jackson, Van Buren, and Tyler. all o,
whose Vetoes on this subject, have been sustained
by the people
| TO The House Of Representatives.
| have considered the bill entitled An act ma
king appropriations for the improvement of certain
harhnrs and rivers !" with the care which its i'm
porrance demands, and nnw return the same To the
House of Representatives in which il original ted
with my objections To its becoming law The
hill proposes to appropriate million three hun
dred 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 ub
| jects OF Improvement which it embraces, MANY of
them nf local character, il is itficut la conceive
| 1t 1t shall be sanctioned and become a law, what
practical constitutional restraint can hereafter be
imposed upon the most extended system of inter
nal Improvements by the federal government in
all parts of the Union. The constitution has moi.
in my Judgment conferred npnn the federal gov
eminent the power 10 construct works of internal
Improvement within the States. or 10 appropriate
m"ney from the treasury f,r that purpose. That
this bill assumes fur the federal government The
| right to exercise this power, cannnt. | think he
doubted. he approved course of the cove rnment
and the deliberately expressed judgment of the
people, have denied the existence of such a power
under the constitution. Several of nv predeces
sors have denied lis existence in the most solemn
| forms.
| The general proposition that the federal GOV Z.
eminent does not possess this power is SD well
settled and has Cor considerable period been So
generally acqursced in, that it is not deemed ne
cessary To reerale the Arguments bv which it il
sustained. Nor do deem il necessary after the
foil and elaborate discussions which have taken
place before the country on this subject. to do
In"re than state the general considerations which
have satisfied me ct the uncons,itntionaliiy and
! inexpediency of the exercise of snch a power
! IT is moi questioned that the federal government
is nne of limited powers. Its powers are such
and such only as expressly granted in the con
stIution or are properly incident the expressly
granted powers. and necessary To their execution.
In determining whether given power has been
granted sonnd rule of construction has been laid
dawn by Mr. Madison. That rule is. that
"whenever question arises conrp rning partic
ular power. the first question is whether the pow
rr be expressed IN the constitution If il he, the
question IL decided. If II be not expressed. the
next inquiry must be- whether it is properly an
incident to an expressed power. and necessary Ia
its execution. IL it be, it may be exercised by
Congress. iii he not, Congress cannot exercise
IT IL is not pretended that there is anv express
grant IN the constitution comforting on CONGRESS
the power in question. Is it then an incidental
power, necessary and proper for the execution If
any Of the granted powers? All the granted
po" ers. ii Is confidently affirmed NAV be effect
uay executed without the aid of such an Incl
dent 4" power To be incidental must not be
exercised tor ends which make it principal. or
substantive power. independent of the princral
power to which it is an incident" # is mot
enough that it may be regarded by CONGRESS as
Convenient. or that lis exercise would advance the
public veal. 1t must be necessary and proper
To The execution OF the prlncip pal expressed mower
TO which 1t is an incident. and without which
such principal power be carried into effect
The whole frame of the federal constitution proves
mat the government which 1t creates was intend
ed tn he "ne nt limited and specified powers
construction of The constitution so broad as that nv
which The power in question is defended. tends
IfnpercepbIy 10 consolidation of power in
government intended by its trainers to be Tins
limited in lis authority. g The obvious tendency
and inevitable result of consolidation Of the
States INTO one sovereignty would be 10 ransforn,
the republican system of The United States into
monarchy" To guard against the assumption of
all powers which encroach upon The reserved
sovereignty of the States and " HIGH consequently
tend to consultations is tho duty of all the true
friends of political system That the mower
IN question is not properly an incident to any or
the granted powers, am fully satisfied; bit if
there were donbs on this subject experience has
demonstrated The wisdom OF the rule that all the
fOncionaues of the federal government shouId
abstain from the exercise Of all questionable ar
donb'ini powers. Ii an enlargement of the DOW.
ers OF the federal government should he deemed
proper ii is safer and wiser to appeal TO the States
ana the people in the mode prescribed by the CON
sliuiion for the grant desired than to assume lie
exercise without an amendment of the cons,iiu.
linn III
power TO construct works Of internal Improvement
within the States. or To appropriate money from
The treasury for that purpose, what is there tn ex
empt some, at least, OF the objects Of appropria.
ton included IN this bill from the operation of the
general rneI his bill assumes the existence of
the power, and in some Of its provisions asserts
the principle. that Congress NAV exercise il as
fully as though the appropriations which it pro
poses were applicable to the construction Of roads
and canals. II there be distinction in principle
il is not perceived. and should Re clearly defined
Some Of the objects Of appropriation contained in
this hill are local in their character, and lie with
In the limits Of a single State and though, in the
| language of the BILL they are called hnrbnys tbev
are not connected with foreign commerce. nor are
they places Of refuge or shelter for our navv or
commercial marine on the ocean or lake sbnyes
! To call the mouth of a creek or a shal1,,v ioIo,
ON our coast, harbor cannot confer the auibo,;,v
| 10 expend the public money in its Involvement
! Congress have exercised the power coev,l with
The constitution Of establishing lighthouses bea-
cons. buys. and piers on our ocean and lake
shores, for the purpose of rendering NAVIGATION
safe and easy, and Of fordng protection and shell
ter for oor navy and other shipping. These are
safeguards placed in existing channels of naviga
ton After The long scquiescence of the govern.
nent through all preceding administrations. am
not disposed to question or disturb the authority
TO make appropriations for such purposes
! When NO advance step beyond this point.
and in addition 10 the establishment and supoo,,
by appropriations from the treasury, Of light.
houses, beacons, buoys, piers, and other improve