The daily union., 1846-05-02

money Witlln their limits Tor such purposes, they
can grant no power Of jurisdiction or sovereignty by
special compacts with the United States. This
power can be granted only by an amendment to the
constitution, and in the mode prescribed byi
III the power exist 1t must be either because II
has been specifically granted 10 the United States,
or that It is incidental to some power which has
been specifically granted. IL we examine the spe-
chc grants Of power, we do not find it among themi
nor ls u incidental TO any power which has been
specifically granted.
Ii has never been contended that the power was
specifically granted. IL is claimed only as being
incidental TO some one or more of the powers which
are specifically granted. The following are the
powers from which II is said TO be derived: LIST,
From the right to establish post Offices and post
roads. I'd. From the right to declare war. 3D. To
regulate commerce. 4lh. To pay the debts and
provide for the common defence and general welfare.
5th. From the power to make all laws necessary
and proper for carrying into execution all the pow
ers vested by the constitution in the government of
the United States, or in any department or officer
thereof. 9th and lastly. From the power to dis
pose of and make all noedfu rules and regulations
respecting the territory and other property Of the
United States. According TO my judgment il cannot
be derived from either Of those powers, nor from
all OF them united; and, in consequence, it does not
exsf. .l
Ertraeis from .Mr. .uOnroes eighth annual message.
The provisions in the several acts of Congress OF
the last session for the improvement Of the naviga-
ton Of the Mississippi and the Ohio of the harbor
Of Presque isle on lake Erie, and the repair Of the
Plymouth beach, are in the course Of regular exc
cuton, and there is 10 believe that the appro-
prations IN each instance will be adequate to the OBJ
ject. To carry these improvements fully into effect
the supenntendence Of them has been assigned to
the officers Of the corps Of engineers.
Under the act of the 30th April last, authorizing
tha IN a IN ha With tha
necessary plans and estimates of such roads and
mails as he might deem Of national importance in a
commercial or military point Of view, or for the
transportation of the mail, board has been nstilu-
ted, consisting Of two distinguished officers Of the
corps OF engineers, and distinguished civil engi-
neer, with assistants, who have been actually en-
poyed in carrying into effect the objects of the
They have carefully examined the route between
the Potomac and the Ohio rivers, between the latter
and lake Erie, between the Allegheny and the Susque-
hanE; and the routes between the Delaware and the
Raritan, Barnstable, and Buzzard's bay, and be-
tween Boston harbor and Narraganset bay. Such
portion of the corps Of typographical engineers
could be spared from the survey Of the coast, has
been employed in surveying the very important route
between the Potomac and the Ohio. Considerable pro-
gress has been made in it, but the survey cannot be
completed until the next IL is gratifying 10
add from the view already taken that there is good
to believe that this great national object may
be fully accomplished II is contemplated to COM
mence early the next season the execution of the
other branch Of the act that which relates to roads,
and with the survey of a roIte from this city,
through the southern States, to New Orleans, the inn
portance Of which cannot he too highly estimated.
All the officers Of both the corps Of engineers, who
could be spared from other services have been en-
ployed in exploring and surveying the routes for
nails. IL need scarcely be remarked, that the more
extensively these corps are engaged in the improve
ment of their country, in the execution Of the pow
era Of Congress- and in aid of the States, and such
Improvements as he beyond that limit when such
aid is desired the happier the effect will be in many
views Of which the subject is susceptible.
No. 4.-Ertraeis from President Jackson's first an
nual message, March 4, 1929.
After the extinction Of the public debt, it is not
probable that any djusment OF the tariff, upon
principles satisfactory to the people Of the Union,
WILL until remote period, if ever, leave the govern
ment without considerable surplus in the treasu-
ry, beyond what may be required for its current
service. As then the period approaches when the
application of the revenue to the payment of debt
will cease, the disposition of the surplus will pre-
sent subject for the serious deberation Of Con-
gress and may be fortunate for the country that
il is yet to be decided. Considered in connexion
with the difficulties which have heretofore attended
appropriations for purposes Of internal improve
ment, and with those which this experience tells us
ccts may be exercised by the general government,
it is hoped that it may lead to the adoption Of some
plan which will reconcile the diversified interests Of
the States, and strengthen the bonds which unite
them. Every member Of the Union, in peace and in
war, will be benefited by the improvement Of in
land navigation, and the construction Of highways
in the several States Let u.s. them endeavor to at
tain this benefit in mode which will be satisfactory
TO all. That hitherto adopted has by many of our
fellow-citizens been deprecated infraction Of
the constitution while by others it has been viewed
as nexpedent. All feel that it has been employed
at the expense of harmony in the legislative coun
sels
most safe ust and federal disposition which could
be made of this surplus revenue would be its appor
tionment among the several States, according to
their ratio of representation; and should this meas
ure not be found warranted by the constitution that
ii be expedient to propose to the States amend
ment authorizing It.
No 15-Erlracts from President Jackson's .Mayspile
road veto, May 81, 1880.
Sincerely friendly to the improvement Of our coun-
try by means of roads and canals, regret that
any difference Of opinion in the mode of contrbu.
ting to it should exist between US.
The constitutional power Of the federal government
to construct or promote works of internal improve
ment presents itself in two points of view; the first
as bearing upon the sovereignty of the States within
whose limits their execution Is contemplated II ]u-
risdiction of the territory which they may occupy
be claimed as necessary to their preservation and
use the second asserting the simple right to ap-
propriate money from the national treasury in aid Of
such works when undertaken by State authority,
the claim of Jurisdiction In the frs,
view, the question of power is open one, and
can be decided without the embarrassment attending
the other, arising from the practice Of the govern
ment Although frequently and strenuously at
tempted, the power to this extent has never been
exercised by the government in single instance.
II does not in my opinion possess it, and no bill,
therefore, which admits it, can receive my official
sanction.
But in the other view of the power, the question
is differently situated. The ground taken at an
early period of the government was, that whenever
money has been raised by the general authority, and
is to be applied to particular measure, question
arises whether the particular measure be within the
authorities vested in Congress. lit be,
the money requisite for it may be applied to it, il
not, no such application can be made. The docu-
ment in which this principle was first advanced is Of
a deservedly high authority, and should be held in
grateful remembrance for its immediate agency in
rescuing the country from much existing abuse, and
for its conservative effect upon some of the most val
liable principles Of the constitution. .
In the administration of Mr.. Jefferson, have two
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