Sentinel of the valley. [volume] (Woodstock, Va) 1841-1848, 1846-08-13


nv to their execution. In determining
whether a given power has been gran
ted sound rule of construction has
been laid down by Mr.. Madison
That rule is, that "whenever ques-
ton arises concerning particular pow
ert the first question is whether the pow
er be expressed in the constitution
If 1t be, the question is decided. If it
be not expressed, the next inquiry
must be, whether it is properly an mel
dent to an expressed power, and nee
essary to its execution. If it be, it
may be exercised by Congress. If it
be not, Congress cannot exercise it. :"
It is not enough that it may be regar-
ded by Congress as convenient, or that
! it's exercise would advance the public
| veal. It must be necessary and prop
er to the execution of the principal ex-
pressed power to which it is an incl
dent, and without which such princi.
pal power cannot be carried into effect.
The whole frame of the federal consti-
tuition proves that the government
which it creates was intended to be
one of limited and specified powers
A construction of the constitution so
broad as that by which the power in
question is defended, tends impercep-
tibly to consolidation of power IN a
government intended by its trainers to
be thus limited in its authority. "The
obvious tendency and inevitable result
of a consolidation of the States into
one sovereignty, would be to transform
the republican system ofthe U. S. INTO
a monarchy" To guard against the
assumption of all powers which en-
croach upon the reserved sovereignty
of the States, and which consequently
tend to consolidation, is the duty of
all the true friends of our political sys-
tenn. That the power in question is
not properly an incident to any of the
granted powers, | am fully satisfied;
but If there were doubts on this SUBJ
ject, experience has demonstrated the
wisdom ofthe rule that all the func-
tionaries. of the federal government
should be deemed proper, it is safer
and wiser to appeal to the States and
the people in the mode prescribed by
the constitution for the grant desired,
than to assume its exercise without an
amendment Of the constitution. If
Congress does not possess the general
power to construct works of internal
improvement within the States, or to
appropriate money from the treasury
for that purpose, what is there to ex-
empt some, at least, of the objects of
appropriation included in this bill from
the operation Of the general ruler
This bill assumes the existence of the
power, and in some of its provisions
asserts the principle, that Congress
may exercise it as fully as though the
appropriations which it proposes were
applicable to the construction of roads
and canals. If there be dlstinctio n
in principle, it is not perceived, and
should be clearly defined. Some of
the objects Of appropriation contained
in this bill are local in their character,
and lie within the limits of single
State, and though, in the language of;
the bill, they are called harbors, they
they are not connected with foreign
commerce, nor are they places of ref
uge or shelter for our navy, or CONNER
cial marine on the ocean or lake shores.
To call the mouth of a creek, or a shall !
low inlet on our coast, harbor, can
not confer the authority to expend the
public money in its improvement
Congress have exercised the power
coeval with the constitution of estab-
fishing light houses, beacons, buoys,
and piers on our ocean and lake shores.
for the purpose of rendering navigation
safe and easy, and of alfording protec-
ton and shelter for our navy, and 9TH
er shipping. These are safeguards
placed in existing channels of naviga- |
ton. After the long acquIesence of
the government through all preceding
administrations, | am NOT disposed
to question or disturb the authority to
make appropriations for such purposes.
When We advance step beyond
this point, and in addition to the es-
adjustment and support, by appropria-
tons from the treasury, of light houses,
beacons, buoys, piers, and other i'm
provements within the bays, inIets, and
harbors on our ocean and lake coasts
Immediately connected with foreign
commerce, and where they are not
needed for the protection and security
Of our navy and commercial marine,
the difficulty arises in drawing line
beyond which appropriations may not
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