Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-08-18


have considered the bill entitled "An
act making appropriations for The improve
ment Of certain harbors and rivers" with
the care which its importance demands, land
now return the same 10 the House of Rep
resenIatives in which it originated, with
my objections 10 its becoming law. The
bill proposes to appropriate enc million
three hundred and seventy eight thousand
four hundred and fifty dollars to be applied
10 more than forty distinct and sepeiale OBJ
jec,s of improvement. On examining its
provisions, anu The variety Of objects of
improvement which it embraces, many Of
them Of local character, il is difficult 10
conceive, f it shall be sanctioned and be-
come law,wha, practical constitutional re
straint can hereafter be imposed upon the
most extended system ofinternal improve
menis by the federal government in all
parts Of the onion. The constitution has
not in my judgment, 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 bill
assumes for the federal government the
right 10 exercise this power,c cannot, think
be doubted. The approved course o. the
government, and the deliberately express
ed judgment Of the people. have denied the
existence Of such power under the con-
stitution. Several of my predecessors
have denied lis existence 10 the most SOL
emn forms.
The general proposition that the feder-
al government does not possess this power
is SO we'll settled and has for a considera-
BILE period been So generally acquiesced
in. il is not deemed necessary 10 reilerate
the arguments by which it is sustained Nor
do deem it necessary ,afer the full and e.
laborate discussions which have taken
place before the country on this subject, to
do more than state the general considera-
tons which have satisfied me of the uncon-
stitu,ionality and nexpediency ofthe excr-
else Of such power.
tits no, questioned that the federal gov
eminent 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
granted powers, and necessary to their
execution. In determining whether CIV
en- power has been granted, a sound rule
of construction has boen laid down by Mr.
Mad son. That rule is, thai, "whenever a
a question arises concerning particular
power. the first question is whether the
power be expressed in the constitution. II
ii be, the question is decided. If it be not
expressed, The next inquiry must be ,whe,h-
er whether II is properly an incident to an
expressed power, and necessary 10 its -ex,
ecu,lon. If it be, It may exercised by
Congress. IL it be, it may be exercised
by Congress, If it be not Congress can
not exercise il. 1t is not pretended, that
there is any express grant IN the coastitu-
ton comforting on Congress the power in
question. Is it then an incidental power,
necessary and proper for the execution OF
any of the grained powers? All the gran
ed powers, II is confidently affirmed, may
be t(lec,ually executed without the aid of
such an incident.
"A power TO be incidental must not be
exercised for ends which make it princl-
pal, or substantive power, independent OF
c.dent Iii is not enough tina, ii may be
regarded by Congress as concentration that
its exercise would advance the public veal
1t must be necessary and proper to the ex>
cculion Of the principal expressed power
to which it is incident, and without which
such principal power cannot be carried IN
TO effect. The whole frame Of The federal
constitution proves that The government
which il creates was intended 10 be one of
limited and spec fedpowers. a conslruc-
ton of The constitution so broad as that by
which the power in question is defended,
tends imperceptiby TO consolidation ol
power in a government intended by It's fra
mers 10 be thus limited in authority
The obvious tendency and inevitable re
suit Of consolidation OF the states into
one sovereignty would be TO transform the
republican system of the United States in
to monarchy" TO guard against the
assumption of all powers which encroach
upon the reserved sovereignty Of the states
and which consequently terd to consoll-
dation, is The duty of all the true friends
Of our political system. That the pow
III fdeStlOu 10 Hol piCpeiiy ou i'Siooh' "
any of the granted powers, am fully salts
fed; but if there we're doubts on this sub
ieCt, experience has demonstrated the
wisdom of the rule that all The functional
ries of The federal government, should alb
stain from The exercise OF all questionable
or doubtful powers.
Ifan enlargement Of the powers of the
federal government should be deemed
proper, ii is safer and wiser to appeal 10
the states and the people in the mode pre-
scribed by the constitution for the grant
desired, than TO assume lis exercise with
GU, an amendment of the constitution II
Congress does no, possess the general pow
er 10 construct works of internal improve
ment within The states, or 10 appropriate
money from the treasury for thu. pur-
pose, what i. there to exempt some, al
least, Of The objects of appropriation in
clu6ed n this bill from the operation OF
The general rule? This bill assumes the
existence Of the power, and in some OF lis
provisions asserts the principle, that Con-
gress may exercise i; as fully as though The
appropriations witch it proposes were APP
picable 10 The construction of roads and
canals. If there be distinction in prin'
ciple, il is no, perceived, and should be
CLEARLY defined. Some of The objects oil
I,,,ron,i,,ion contained in This bill are 10