Democratic banner., 1846-09-21
lEEOlIfJC BIN nh R.
PUBLISHED
R1sxlsrH on every Monday M,rn ing
AZ LOUISIANA, PIKE County, Nc.
q 9. MGRRAH, Ealter and Proprietor.
VETO OF THE RIVER AND HARBoR
BILL.
To the Hous. of Representatives.:

To the House Of Representatives.:
] have considered the bill entitled San
act making appropriations for the improve
nent Of certain harbors and rivers" with
the care which its importance demands;
and now return the same to the House Of
Representatives, in which it originated,
with my objections to its becoming q law
The bill proposes to appropriate one million
three hundred and fifty dollars to be auppli-
ed to more than forty distinct objects Of inn
provement.
On examining its provisions and variety
Of objects of improvement which It embrs-,
ces, many Of them Of q local character, it
10 diacult to conceive, if it shall be sane,
toned and become . law, whist practical
constitutional restraint can hereafter be
imposed upon the most extended system Of
internal improvement BY the federal gov
ernment in all parts Of the Union. The
constitution has not, in my Judgment, con
ferred upon the federal government the
power to construct works of internal i'm
provement within the states, or to appro-
pirate money from the treasury for that
purpose. That this bill assumes for the fed
eral government the right to exercise this
power, can not | think be doubted. rhe
approved course of the government, and
the deliberately expressed judgment of the
people, have denied the existence of such a
power under the constitution. Several Of
M predecessors have denied its existence
in the most solemn forms.
The general proposition that the federal
government does not possess this power, is
30 well settled, and has for a considerable
period been so generally acquiesced in, that
it is not deemed necessary to reiterate the
arguments by which it is sustained. Nor do
J deem it necessary after the full and elabo-,
rate discussions which have taken place be-
fore the country on this subject, to do more
than state the general considerations which
have satisfied me o: the nnconstitutiona'ity
and sxpsdiency of the exercise of such a
power.
1t is not questioned that tie federal gov
eminent i, one Of limited powers. Its pow
ers are such, and such only, as are express
ly granted in the Constitution, or are prop
esly incident to the expressly granted pow
srs aad necessary to their execution. In
determining whether a gwen power has
been granted. . second rule has been laid,
down by Mr.. Madison. That r,le is, that.
'~'wnencvcr a question arises concerning a
particular power, the first question is
wh.tler tile power lie expressed in the con-I
stitution. II it be the question is decided
II il be not expressed, the next inquiry mast
be. whether lis properly an incident to an
EXPRESSED power, and necessary to its exc
0rtIpn he he a~nrcIanH hC
Congress. lfit be not, Congress cannot re-
eei'c it." 1t is not pretended that there is
any express grant in the constitution con-
ferFing to Congress the power in question.
10 it then m Incidental power, necessary
and proper for the execution Of any of the
granted powers? All tn granted powers,
it is confidently affirmed, may be effectually
executed without the aid Of such an Incl
dent. "a power to be incidental must not
be exercised for ends which make It a prin-
cipsl, or substantive power, independent Of
the principal power to which it is an iLci-
dent" II is not enough that it may be re-
garded by Congress Convenient, or that its
exercise would advance the duhlic veal
It must be necessary and proper to the ex-
.ecation Of the principal expressed
power to which it is an incident, and
without which such principal power can not
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 specific powers
A construction of the constitution so broad
a. that by which the power in question is
defended, tends imperceptibly to a console
dAtioa Of power in government intended
by its farmers to be thus limited in IFS all
thority. "The obvious tendency and IN
ssitable result Of a consolidation OF the
states into one sovereignty would be to
transform the republican system Of the u
asted States into q monarchy"
To guard against the assumption of all
powers which encroach upon the reserved
sovereignty Of the states, and tend to con.
sslidaton, is the duty Of all true friends OF
sur political system. Thatthe power quss.
Zion 10 not properly an incident to any Of
che granted powers, am fully satisfied, but
If there were doubts on this subject, expe-
sisnce has demonstrated the wisdom OF the
rule, that ell the i~unctionaries Of the feder-
al government should abstain from the ex-
~ III .-o.obJ~ -, l.,hNf,,l Dou-