Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-08-14

luton for the gran, desired, than 10 assume
It's exercise without an amendment OF the
constitution. If Congress does not pos
sess The general power to construct works
Of internal improvement within the States.
or to appropriate money from the treasury
for THAI rarpose, what is there 10 exempt
some, al least. of the objects of appropria-
ton included in this bill from the opera
ton Of the general rule? This bill assumes
the existence Of the power, and in some of
its provisions asserts the principle. .ha.
Congress may exercise i, as fully as though
the appropriation which it proposes were
applicable to the construction of roads and
canals. If there be a distinction in princi-
pie. i. is not perceived, and should be clear
iy defined. Some of the objects Of appro.
priation contained in this bill are local III
their character, and lie within the limit of
single State; and though, in the language
OF the bill, they are called harbors, they
are not connected with foreign commerce,
hos are they places Of refuge or shelter for
our navy, or commercial marine on the
ocean or lake shores. To call the mouth
of creek, or a shallow inlet on our coast,
slarbor, cannot confer the authority to ex-
pend the public rnosey in its Improvement.
Congress have exercised the power coeval
with the constitution OF establishing ligh,
houses, beacons, bnoys, ahd piers on our
ocean and lake shores, for the purpose OF
rendering navigation safe and easy. and OF
aaording protection and shelter for our ma
w and other shipping. These are safe
guards placed in existing channels Of nav
iga,ion. After the long acquiescence OF
the government through all preceding ad.
minis.rations, am not disposed to ques.
ton or disturb the authority to make ap.
preparations for such purposes.
Whes1 we advance step beyond this
point, and in addition to the establishment,
and support, by appropriations from the
treasury, Of light houses, beacons, buoys,
piers, and other Improvements within the
bays, inlets, and harbors or our ocean
and lake coasts Immediately connected
with our foreign commerce, and attempt
TO make Improvements in the interior a
points unconnected with foreign commerce,
and where they are not needed for the pro-
lection and security of our navy and com
mercial marine, the difficulty arises il
drawing line beyond which appropra
lions may no. be made by the federal 60
vernmcnt.
One Of my predecessors, who saw ,ht
evil consequences Of the system propose,
10 be revived by This bill, attempted to de-
fine ,lis line by declaring that 'expendi
lures Of this character should be conf
ned beio,c the ports Of entry or delivery
established by law!' Acting on this re
s.rir,ion, he withheld his sanction from :
bill which had passed Congress ito in
prove the navigation of the Wabash riv
err He was at the same time sensible
that this restriction was not as satisfactory
as could be desired. aid that much embar
raasment may be caused to the executive
department. in its execution, by sppropria
tions for remote and not we'll understood
Objects This restriction, i. was soor
found, was subject to be evadetl, and rem
dered comparatively useless in checking
the system of Improvements which it wa
designed to arrest, in consequence of til,
facility with which ports of entry and de
delivery may be established by law upor
the upper waters, and in some instances
almost at the head springs Of some of'h'
most unimportant of our rivers, and a
lpoints on our coast possessing no com
mercial importance, and not used as places
of refuge and safety by our navy, and o,he
shipping. Many Of the ports OF entry AM
delivery now authorized by law, SO far a
foreign commerce is concerned, exist onl,
in the s.a.ute-books. No entry Of foreig'
goods is ever made, and no duties are CIV
er collected at them. No exports Of Amer
lean products bound for foreign countries
ever clear from them. To assume thu
their existence in the ststute-book as port
|of entry or delivery, warrants expenditur
on the waters leading to them, whicl
would be otherwise unauthorized, woul
be to assert the proposition, that the law
making power may eugrsh new provision
on the constitution. If the restriction b
sound one, it can only apply TO the bays
Iinlets and rivers connected with or lcadin
to such ports as actually have f"reig
commerce ports at which foreig
arrive in bulk, paying the du
ties charged by law. and from which ex
ports are msde to foreign countries.
will be found, by applying the restriction
thus understood to the bill under consider
lation, that it contains appropriations 70
more than twenty objects of internal i'm
provement, called in the bill hurbors.
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