The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-17

cause u may DC now anu thcn uscu TOT Inc transport
taton of troops, or of munitions Of war, or Of the
mails and what road or what canal may not he
built upon the same basisl There would he no end
to the roads or canals which might not be OCCASION
ally applied to either object There would be no
sssignable limits to the appropriations or to the
taxes to be raised upon the people by the general
government. Either power would be like an Aaron's
rod, to swallow up part Of the right Of sovereignty
claimed by the States over their own territory.
Looking to the future with anxiety upon
this subject, we think we cannot render greater
service at this moment, than by the publication of
message Of Mr.. Madison, transmitted to the two
houses of Congress, on the Sd Of March, lsl7-the
very last day, and one Of the brightest aets of his
memorable administration. The general reasoning
Of Mr.. Madison 10 applieable to the particular case
to which the Baltimore American" adyerts, The
argument is SO comprehensive and so eogent, that
we give it without word Of commentary.
M. .Madison'J Veto Message.
Having considered the bill this day presented to
me. entitled AN act TO set apart and pledge certain
funds for internal improvements and which sets
apart and pledges funds for constructing roads and
canals, and improving the navigation Of water
courses, in order to facilitate, promote and give
security to internal commerce among the several
States, and TO render more easy and less expensive
the means and provisions for the common defence,
am constrained, by the insuperable difficulty |
feel in reconeng the bill with the constitution of
the United States to return II, with that objection,
TO the House Of Representatives in which II origin
ated. The legislative powers vested in Congress
are specified and enumerated in the 9th section Of
the lst article OF the constitutions and II does not
| appear that the power proposed 10 be exercised by
the bill u among the enumerated powers or that 1t
hsga int he 10
make laws necessary and proper for carrying into
execution those or other powers vested by the con-
stltution in the government OF the United States.
1.-THE power 10 regulate commerce among the
several States cannot include power TO construct
/ roads and canals, and TO improve the navigation
Of courses in order to facilitate promote and
secure such u commerce, without latitude of con-
structIon, departing from the ordinary import Of the
terms, strengthened by the known inconvenience
which, doubtless, led to the grant Of this remedial
power 10 Congress To refer the power in question
to the clause 10 provide for the common defence
and general welfare, would be contrary TO the estab
lished and consistent rules OF Interpretation, rem
derng the special and careful enumeration Of pow
ers which follow the clause, nugatory and improper.
Such view of the constitution would have the effect
Of giving to Congress general power Of leg slaton,
instead Of the defined and limited hitherto under
stood 10 belong 10 lhem-the terms common defence
and general welfare embracing every object aud
within the purylew Of legislative trust. IL would
and laws Of the several States in all not speeif
ically exempted, to be superseded by laws of Con-
gress u being expressly declared that the constitu-
ton Of the United States, and laws made in pursu-
ace thereof shall be the supreme law Of the
land, and the Judges Of every State shall
be bound thereby, anything in the constitution or
laws Of any State to the contrary Notwithstanding
Such view Of the constitution, formally, would
have the effect Of excluding the Judicial authority
ofhe United States from its participation in guarding
A. 49,. a.. l.
general and of the State governments, inasmueh as
questions relating to the gene raj welfare being ques-
tons Of polcy and expediency, are unsusceptlbe
of judicial cognzance and decision.
"A restriction of the power to provide for the
common defence and general welfare to cases
which are to be provided for by the expenditure OF
money, would still leave, within the legislative pow.
er OF Congress, all the great and most important
measures Of government, money being the ordi-
nary and necessary means of carrying them into
execution.
"If general power to construct roads and ca
; mails, and to improve the navigation of water
courses the train of powers incident thereto, be
not possessed by Congress- the assent of the States
in the mode provided by the BILL cannot confer the
power. The only cases in which the consent and
cession of particular States can extend the
power of Congress, those specified and provided
for IN the constitution.
!, 81 am aware of the great importance of roads
and canals, and the improved navigation Of wa
D ature to provide for them might be exercised with
signal advantage to the general prosperity. But
seeing that such power is not expressly given by
the constitution, and believing it cannot be deduced
from any part of it without inadmissible latitude
Of construction, and reliance insufficient prece.
dents; believing, Also that the permanent success OF
the constitution depends definite partition OF
powers between the general and State governments
and that adequate landmarks would be left by the
constructive extension Of the powers of Congress,
La. z.nl ~ HI l...
hold my signature from it; chershing the hope
that its beneficial objects may be attained, by
sort, for the necessary powers, to the same wisdom
RI and virtue IN the nation which established the con-
stitution in lis actual form, and provdently marked
out in the instrument itself safe and practicable
mode of improving it, as experience might suggest.
JAMES MADISON.
"March 3, 1917"
The Baltimore American will not find in the
Maysve veto message of General Jackson, of
May 81, 1880, anything auxiliary to maintain
its exceptions to the constitutional prohibition,
whether the exceptions be described under the de-
nomination of military roads," "pos road"
Had we the space to devote to the purpose, we
would give important extracts from the Maysville
veto message, in which the power claimed for the
general government is contested with great ,,ower
ofargument
The two following passages from that document
are index to the positions which deliberately
reasoned out:
"This subject" (that of internal improvements
says General Jackson, "has been one OF much and,
may add, painful, reflection to me. 1t has bear
ings that are well calculated to exert u powerful in
hucnce upon our hitherto prosperous system of
government, and which, on some accounts, may
even excite dependency in the breast Of an Amer-
can citizen. will not detain you with professions
of zeal in the of internal Improvements. Tito
be their friend is virtue which deserves comnlen-
dation, our country is blessed with nm abundance
l oft; for do not suppose there is intelligent
citizen who does not wish to them flourish
But though all their friends, but few, trust,
unmindhd Of the means by ,ohich they should be
promoted: none, certainly, are so degenerate 10
desire their success al the cost Of that sacred instrument
with the preservation of which are ndissolubIy
bound our countrys hopes If different impress
sions are entertained in any quarter if is expect
ed that the people Of this country, reckless Of their
constitutional obligations, will prefer their local
interest TO the principles Of the Union, such expec-
tatons will in the end be dsappointcd or if il be