New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-05
VETO OF TIE HARBoR AND RIVER BILL.
To he House Of Representatives.

3 -s-e o3icc;s OF Improvement; On examining
royis:oua and rhe variety OF OBJECTS OF improvement
iich embraces many o. hel OF local character! y
is ditcul: 70 conceive Z shall DC sanctioned and pe-
corne law whe. practical CONSTITUTIONAL restraint car
hereafter be imposed upon the most extended system Of
internal improvements by the Federal Go:srle.
ali part of the Union The Constitution, has MOI: ny
Judgment conferred upon the Federal Government: the
power TO construct works Of internal improvement
within teSta;eso or 20 appropriate money from ne ress
tnEt purpose That this bill assumes FOR tHe Federal
Government the ngh: exercise this power, cannot
think. DC doubted The approved course Of the Gov
eminent and the acknowledgement judgment OF
the people have denied the existence Of such power
under the Constitution. Several Of M predecessors
have denied IL existence the most solemn o-Tas
The genera! proposition kat the Federal Government
does possess his royer i so vel settled Gld mas
for considerable period been generally acqresced
in ,ha. not deemed necessary 70 reiters:e the aru-
rnant- bv which i IS sustained. Nor do deem II
necessary after The full and elaborate discussions which
have taken place before ;he country on This subject 70
do moro than sta- the general considerations Talch
haze satisfied OF the unconsrrrtlorshiy and mex
pedency OF the exercise Of such q 2o"eF
I, IS NOT Cues toned that the Federal Government IS
ono OF limited powers. L. powers are such and such
olv a. arc cpresr granted III the Constitution or are
properly nciden, the expressly granted powers ac
necessary 10 their execution In determining whether
a gwen power ms been granted sound rule OF con
s-r1cto1 mas been laid down BY Mr.. Madison. Ina;
rule Is that whenever question arises concerning
particular power the first question / whether me pow
er be expressed in the Constitution Il De- me cues
rnys b.. whether i is properly incident 10 al sX-
pressed power. and necessary 10 IL execution II II
be- i NAV be exercised by Congress. II i be not
re5s cannO. exercise i! J. L not pretended thal
,here i any express rrant in the Constitution con
.crri,g Congress the power IN question Is l; then
an incidental power Necessary and proper ior the exc
cu.ion o: any OF The granted powers Al ':e s:'1.
ed power= i il confidently affirmed may % efecih!y
executed with the AID o! such 81 incident ! power
10 be incidental NUT not be exercised Tor ends WHicn
make il principal or substantive power. Independent
i c.,s,~ IN
not enough tna MAY be rcrred by Congress a. CARE
mint or INA; il exercise would advance tho pubic veal
Itnu.t be recssS1ry and proper 70 the execution o. me
principal expressed power 20 wilc u an lnlCet M
without which such principal power cannot De carried
into effect The whole frame OF the ed"raI Coi7t'u-
zion proves That the Government wEicf il creates vas
intended 10 be one limited and spcc:ied powers
ZION of the Constitution so broad as mat ny
which the power question l. defended tends lper
ceptbly consolidation OF power IN ''overninent
int, nd d By trainers 10 he tnu- limited III ~ thcr
* THE obvious tendency and inevitable result OF
consolidation OF the states into one sGTereici;y would
be transform the republican syfeni oil me tinted
States into monarchy To guard against the dssuEfp.
tcn OF all powers which cncroach upon the reserved
sovereignty o.; the STATES and which consequently tend
to consolidation l. the duty OF al the true Trends OF
our political system That thc power IN question i not
properly an incident any OF The granted powers am
fully satisfied but II there we're doubts On ms SUBJECT
experience has demonstrated the wisdom Of the rule
that all the turctoaries Of the Federal 'a0yefnnent
should abstain from the exercise oi ali quesnOnaDc or
doubtful powers Ii IN enlargement OF The powers OF
the Federal Government should be- deemed proper /
safer and wiser 10 appeal TO tue states ana ne nro
ple in the mode prescribed By the Constitution Tor
The grant desired than 10 assume IL exercise wlti
out AZ amendment OF the Constitution II Congress
does possess the general power 70 construct WORKS
OF Internal improvement within the states, or 10 appro
pirate money from the Treasury Tor that purpose
what il to exempt some least, oil the objects
of appropriation included in this bill from the OPERA
ton OF the general rule This bill! assumes tho exist
cncc OF the power and in some OF lis provisions as
ecrts the principle that Congress may exercise 1t ~
fully though the appropriations winch II proposes
ppcahlU 10 the construction oi ROADS ana canAi>
Il there distinction in principle II i not perceived
and should he clearly defined some Of the objects OF
nll,roprigon contained in this bill local III their
crsccr and c within the limits of sugle State and
though IN the language othc bill they called dGrborS,
they connected with foreign commerce nor are
they places OF refuge or shelter Tor our navy or com
mcrcln marine the or lake shores 10 call the
mouth of creek or shallow inlet our coast, haI
Dor canno: confer the authority TO cXpcnd the public
money in its Improvement Congress have exercised
the power coGval with The Constitution OF establishing
lighthouses bcacons huoys and piers our ocean and
lake shores for the purpose rendering Navigation safe
and easy and OF aiiurdnc protection ana shelter lor our
navy and other shipping These safeguards placed
in existing channels ofnavieaon After the long acqui-
e-cence Of the Goycmmentthrough all preceding admin
isrations am not disposed TO question or disturb the
authority to make appropriations tor suca purposes.
When advance step beyond this point ana IN alt
dton 70 the establishment and support by appropriations
from the treasury. OF lighthouses beacons buoys piers,
and other iprov within the bays incis. and mar
ed with foreign and attempt 70 make
proyemrnts in the interior nj points unconnected win
foreign and where they are not needed for
the protection and security Of navy and commercial
marine the difficulty arises in drawing line beyond
which appropriations may not be made by the Federal
Government.
One OF my predecessors who the evil consequen-
ces OF the system proposed be revived by this bill
tempted define this line by declaring that eXpendi
OF this character should be- confined 5eo'r the
ports OF entry or delivery established by law" Acting
hold
which had passed Congress to improve the navigation
of the Wabash river. He was at the same time sensi
bic that this restriction satisfactory could
be desired, and that much EN- 5arrassnen may be CAUSED
10 the Executive Department. in its execution By appro
priaons for remote and not well understood objects"
This restriction. il found, subject to be
cvadcd and rendered comparatively useless in checking
the system OF Improvements which ii was designed to
arrest IN consequence Of te facility with which ports
entry and delivery may be established by law upon the
upper and in instances almost III the head
springs OF some oftc and
point. coaS, possessing no commercial lInpor-
lance and used places OF refuge and safety By
our Navy and other shipping. Many OF The ports OF
entry and delivery authorized by law so far e. for.
eisn commerce is concerned exist Only IL the statute
books 10 entry oiorcisn goods is ever made and no
duties are ever collected N them No exports OF Amer
lean products bound for foreign countries. ever clear
from them To assume. their existence IN the statute
book ports OF entry delivery warrant expenditures
on the waters &c. ding them, which would be other
wise unauthorized would be 10 arrest the proposition
Tim, the law lllaSiig power may engraft provisions
on the Constitution. the RESTRICTION is sound
il can only apply the bays Ieis and rivers connect
cd with or leading such ports actuay have for
eign commerce ports AT which foreign nPota'
tons arrive in bulk paying the Gudcs charged oy
law, and from which exports made to foreign
countries Il vii be found hy applying the restric
ton thus understood 70 the bill under consideration
,a, il contains appro p-iatious for than 'wen;
objects OF internal Improvement called IN the bill!
sarbcrs at places which have been declared by
law either por;S OF entry delivery and al which
appears rom the records OF the treasury there has never
been an arrival foreign merchandise and from which
th,r hiss never been vessel Cleared for foreign coun
try ], will be found tina; many OF these works are new,
and al places for the Improvement OF which appfo-
priations are now for the rs, TIME proposed VII be
found also that the bill contains appropriations Tor
rivers upon which there only EXISTS no foreign com
erce but upon which there has not been established
even paper port OF entry. and Tor the mouths OF
c-seks denouinacd harboT>. which II improved can
h.nci only The particular neishborhood IN WHICH they
are situated 1t win be found ZOO 10 contain apiropr
,ins IN, expenditure which Will only have the ei-
,ct of improving plsce ~ tAe expense OF The local
natural advantages Of another IN is v'cinity Should
,b nil become law the principle winch authorizes
the appropriations which proposes TO make would