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

170SSAUEs
The following message from the Presi.
dent, returning the River and IEarbor Bill
with his objections, was sen. to the House
of Representatives on Monday.
TO the House of Representatives:
have considered the bill entitled IAN
act making appropriations Tor the improve.
ment Of certain harbors and rivers" with
the care which its importance demands,
and now return the same 10 the House of
Representatives in which il originated,
with my objections to its becoming law.
The bill proposes to appropriate one mil
lion three hundred and seven.y-eigh. thou
sand four hundred and fifty dollars to be
applied to more than forty distinct and
separate objects Of Improvement. On ex.
amfning its provisions. and the variety OF
objects Of improvement. which i. embraces,
many of them Of local character, it is diff.
ficnlt TO conceive, if ii shall be sanctioned
and become law, what psac,ica. cohs,itu-
| tfohat restraint can hereafter be imposed
upon The most extended system OF Internal
Improvements by the federal government.
in all parts Of the Union. The consti,a-
ton has not. in my judgment, conferred
upon the federal government the power to
/ construct works Of internal Improvement
within the States, OF TO appropriate money
from the treasury for that purpose. That
this bill assumes for the federal govern
ment the right to exercise this power, can.
not, think, be doubted. The approved
course Of the government, and the delibe-
rately expressed judgment of the people,
have denied the existence of such power
under the constitution. Several Of my pre-
decessors have denied its existence in the
most solemn forms.
The general proposition that the federal
government does not possess this power 10
so well settled, and has for considerable
period been so generally acquesced in, ,i,A,
it is not deemed necessary TO rei,era,e the
arguments by which il Is sustained. Nor
do deem it necessary, after the full and
elaborate discussions which have taken
place before the country on this subject. to
do more than state the general considera.
lions which have satisfied me of the uncon.
stitutionaity and inexpediency Of the ex,
ercise of such power.
1t is not questioned that the federal go.
vernment is one Of limited powers. Its
powers are such, and such only as are ex'
II.
properly incident to the expressly granted
powers, and necessary to their execution
In determining whether given power has
been granted, sound rule Of construction
has been laid down by M. Afudison.-
That rule is, that whenever a question
arises concerning a particular power, the
first question is whether the power be ex
pressed in the constitution. IL it be, til.
question is decided. II i, be not express
ed, the next inquiry must be, whether II i.
properly an incident TO an expressed pow
err. and necessary to its execution. tf j, be
it may be exercised by Congress. If i
be not, Congress cannot exercise it,"
is not pretended that there is any expires.
grant in the constitution comforting on Con
gress the power in question. Is then al
incidental power, necessary and proper 70
the execution Of any of the granted pow
ers? All the granted powers. it is conf
IDENTIFY affirmed, may be effec,ually execut
f ed without the aid of such an Incident
A power to be incidental, must not b.
exercised for ends which make it princi
pal, or substantive power, Independent, O
the principal power to which it is an Incl
dent" 1t is not enough tina. it may be re
! garded by Congress as conuenitnt, or tina
its exercise would advance the public veal
|. must be necessary and proper to III
execution of the principal expressed pow
er to which it is All incident, and wi,hou
f which such principal power cannot be Car
, ried into effect. The whole frame Of tn
federal constitution proves that the govern
ment which it creates, was intended to b
f one Of limited and specified powers. !
> construction of the constitution so broad a
|, that by which the power in question is de
!, tended, tends imperceptibly to consolida
ton Of power in government intended b.
its trainers to be thus limited in its author
i,y. The obvious tendency and inevi
S table result of consolidation Of the State
into one sovereignty, would be to trans
Il form the republican system Of the Unite'
States into monarchy" To guard agains
the assumption Of all powers which On
croach upon the reserved sovereignty 9
? the States, and which consequently ten
;. to consolidation, is the duty Of all the tru
+, friends of our political system. That til
!, power in question is not properly an Incl
e dent to any of the granted powers. | an