The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-03


lives message in writing. =
Several voices. Well, let's have the message III
writing -,
This message was veto on the river and har-
Dor bill
FRENCH sPOLIATIoEs.
Mr.. LlGON offered u resolution providing that
the House would resolve itself into COMMITTEE OF
the Whole on the state of the Union 10 resu ne the
consideration of the bill ia relation to French spo-
iaIions prior to 1900, and that all debate thereon
should cease at o'clock this day
Some conversation followed on point of order
Mr.. G. S. HOUSTON moved that the resolution
be laid on the table.
Which motion having been agreed 10, the TeSotn-
ton pas laid on the table
Mr. TIBBATTS moved that The message in wri-
ting from the President Of the United States be now
taken up and read.
Mr. ROOT objected.
On motion of MIR. TIBBATTS, the rules of the
House were suspended for the purpose, and the
message was read as follows:
To the House Of Representatives,:
have considered the bill entitled Gan act making
appropriations for the improvement Of certain har
bors and rivers" with the which lis importance
demands and now return the same to the House OF
Representatives in which It Orig nsted, with my OBJ
ecIlons TO its becoming a law. The bill proposes
weight thousand four hundred and fifty dollars to
be applied to more than forty distinct and separa e
objects of improvement. On examining its provls-
ions, and the variety Of objects of improvement
which II embraces, many OF them Of local charac-
ter il is difficult TO conceive II II shall be sanctioned
and become law, what practical constitutional re-
strant can hereafter be imposed upon the most ex-
tended system Of internal improvements by the fed
era government in all parts Of the Union. The con-
sutuuon has not, in my judgment, conferred upon
the federal government the power TO construct works
of internal improvement within the States to APP
proprlate money from the treasury for that purpose
That this bill assumes for the federal government the
right TO exercise this power, cannot, ] think, be
| doubted. The approved course Of the government
and the deliberately expressed judgment Of the peo-
pie have denied the existence Of such power un.
| der the constitution. Several Of my predecessor
have denied It's existence IN the most solemn forms
| The general proposition that the federal govern
| ment does not possess this power is we'll settled
and has for a considerable period been generally
scquiesced in, that is not deemed necessary to re-
lterale the arguments by which II is sustained MOI
do deem II necessary, after the full and elaborate
discussions which have taken place before the
| try on this subject, TO do more than state the gen
eral considerations which have satisfied me Of the
unconsututionalty and inexpedisncy Of the exercise
| of such power.
It's not questioned that the federal government is
| one of limited powers. It's powers are such and
5uch only as are pTebsly granted IN the COnsttu
tOn, are properly incident 10 the expressly grant
ed powers and necessary TO their execution. In de-
| termlnlng whether a gwen power has been granted
| a sound rule Of construction has been laid dowT
! by Mr.. Madison. That rule is, that "whenever
question arises concerning a particular power, the
first question Is whether the power be pressed il
the constitution. IL II be, the question is decided
| If 1t be not expressed, the next inquiry must be
whether 1t is properly incident TO an expressed
power, and necessary 10 Its execution. If il be- il
may be exercised by Congress. II It be not Congress
| cannot exercise it." Ii is not pretended that Their,
Is any express grant in the constitution comforting
| on Congress the power in question. Is il then ar
incidental power, necessary and proper for the exc
cution Of any Of the granted powersi All the grant
ed powers, II il confidently affirmed may be effect
ually executed without the aid of such an incident
"A power be incidental must not be exercised fo
ends which make 1t principal, or substantive pow
| err independent Of the principal power TO which j
| is an Incident Ii Is not enough that it may b,
regarded by Congress as eOnrenient or that its exer
| else would advance the public veal Il Jnnst he a,
ctsary and proper 10 the execution of the prlncips
expressed power to which it is an incident, ant
without which such principal power cannot be car
ried into effect. The whole frame Of the fedora
constitution proves that the government which i
creates was intended TO be Of limited and speci
fed powers. A construction Of the constitution 81
broad as that by which the power in question il
defended tends imperceptby TO Il consolidation o
thus limited in its authority. 1.-The obvious tenden
cy and inevitable result of consolidation Of thu
States into sovereignty would be to transform
the republican system Of the United States into
monarchy" To guard against the assumption o
all powers which encroach upon the reserved
sovereignty Of the States, and which consequently
tend to consolidation, is the duty Of all the ,ru
friends of our political system. That the power il
/ 's not properly an incident to any of tn
quesuo" am fully satisfied; but if ther
granted powers, -""rience has demon
were doubts on THIS SUBJECT, ear. fnction
strated the wisdom of the rule that all the g.
aries of the federal government should abstain from
the exercise of all questionable or doubtful powers
If an enlargement of the powers of the federal gov
eminent should be deemed proper, it is safer anc
wiser to appeal TO the States and the people in tn,
| mode prescribed by the constitution for the gran
desired, than to assume it's exercise without ar
amendment of the constitution If Congress does no
possess the general power construct works of inter
| nal improvement within the States, or to approprat,
money from the treasury for that purpose, what j,
there to exempt some, at least of the objects of ap
preparation included in this bill from the operation
| of the general ruei This bill assumes the exisenc,
Of the power, and in some of its provisions asserts
the principle, that Congress may exercise 1t al
fully "a though the appropriations which it propose
were applicable to the construction of roads and ca
nails. If there be distinction in principle, it il
not perceived, and should be clearly defined
Some of the objects Of appropriation contained i,
this bill local in their character, and lie within
the limits Of single State; and though in the Ian
guage of the bill, they called harbors, they ar
not connected with foreign commerce, are they
places Of refuge shelter for our navy, CONNER
cia marine the lake shores To C-l tn
mouth Of a creek, a shallow inlet our coast
harbor cannot confer the authority to expend tn
public money in It's improvement Congress hav
exercised the power coeva with the constitution o
establishing light houses, beacons, buoys and pier
: on ocean and lake shores, for the purpose o
rendering navigation safe and easy, and of atfordn
protection and shelter for navy and other ship
ping. These are safeguards placed in existing chan
nels Of navigation. After the long acquiescence o
the government through all preceding administra
tons, am not disposed to question disturb tn
authority to make appropriations for such purposes
When we advance step beyond this point, AM
in addition to the establishment and support, by ap
preparations from the treasury, of lighthouses, bea
cons, buoys, piers, and other improvements within
the bays, inlets, and harbors our ocean and lax
coasts Immediately connected with our foreign com
merce, and attempt to make improvements in the in
terror at points unconnected with foreign commerce
and where they are not needed for the protection an