The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1846-08-21
The Veto Message.

act making appropriations tor The Improve
merit OF certain harbors ana rivers" With
he care which lis importance demands, and
now return the same 10 The House Of Rep
reseniatises 10 winch ii originated with
my objections 10 It's becoming law, the
hill proposes TO appropriate one million
three bundled and seventy eight thousand
four hundred aud fifty dollars to be applied
10 more Than forty distinct and separate OBJ
lects Of Improvement. On examining its
provisions, and lhe variety Of objects OF im
lproyement which Il embraces, many oil
them OF local character, il 10 ificull to
conceive, it II shall be sanctioned and be.
come law, what practical constitutional
restraint can hereafter be imposed upon the
most extended system Of internal improve
I ments by the federal government in all parts
Of the Union. The constitution has moi, in
my judgment. conferred upon the federal
goyernment the power 10 construct works
Of internal Improvement within tie States,
or 10 appropriate money from the treasury
for that purpose. That this bill assumes
for the federal government the right TO es.
NiNAcN WIS pOHtit NhiisJOtt tuiHhg DC GDOUk
ed. The approved course OF the govern.
neni, aud the deliberately expressed j1dg.
lneni Of the people, have denied the exs
tence OF sUch a power under the cons,tu.
uon. Several oil my predecessors have de.
I. MED its existence IN the most solemn forms.
4 The general proposition that the federal
government does not possess this power is
so well settled, aud has for considerable
period been so generally aCquiesced IN, that
u ls not deemed necessary to reIlerale the
arguments by which ii 10 sustained, Nor
/ do deem il necessary, after The fell and
elaborate discussions which have taken
place before the country on this subject, 10
do more than state the general consIdera
tons which have satisfied me Of the uncon.
s,ituIlonalty and inexpediency OF the exer
else Of such power
Ii IS no! questioned that the federal gov
eminent Is one Of limited powers. lis pow.
ers are such, and such only as ar. express.
ly granted in the constitution, or are pro-
perly incldeut to the expressly granted pow.
ers, and necessary 20 their execution. In
determining whether a given power has
been granted sound rule of construction
has been laid doan by Mr.. Madison That
4 rule is, that whenever question arises
concerning a particular power, the first
! question IS whether the power be expressed
IN the constitution. II il be. the question
/ is decided. II il be not expressed, the next
inquiry must be, whether ii is properly an
incident 10 an expressed power, and neces.
sary 10 its execution. Ii il be, il may be
exercised by Congress. II it be not, Con.
gress cannot exercise it," Ii is not pre-.
tended thai there is any express grant in
the constitution comforting on Congress The
power in question. Is it then an lnciden.
IA power, necessary and proper for the ex.
ecuuon Of any Of the granted powers All
the granted powers, II IS confidently affirm.
I ed, may be efiactuaty executed wlthou, the
aid OF such 90 incident.
" 4 power TO be incidental mus, no, be
exercised for ends which make i. princi
pal, or substantive power, independent Of
the principal power to which Il is an Incl
dent" l,is not enough that it may be re-
gardod by Congress as coRreaient or that
its exercise would advance the public veal.
II must be necessary and proper to the eS.
ecutlon Of the principal expressed power TO
which II IS an incident, and without which
such principal power cannot be carried into
effect, The Nhole frame of the federal
constitution proves that the government
which II creates was intended TO be one OF
+. limited aud specified powers. A constrUc-
ton OF the constitution so broad as that By
@h,ch The power ~ question Is defended,
tends linpefcepubsy TO a consolidation OF
power IN government intended by It's fra !.
ulers TO be thus limited in its authority.
y" The obvious tendency end inevitable re-
suit of consolidation Of the States into one
sovereignty would be TO transform the Ie-
publican system of the United States into a
monarchy." fo gurrd against the assump.
uon OF all powers which encroach upon the
reserved sovereignty Of the States, aud
which consequently tend TO consolidation, is
the duty OF all the true friends Of our poI!.
zeal system. That the power in question
is not properly an incident TO any Of the
granted powers, | am fully satisfied; but if
there we're doubts on this subject, expert
ence has demonstrated the wisdom of the
rule that all the luncionnries OF the federal
government should abstain from The exer.
else OF all questionable OF doubtful powers.
Ii an enlargement Of the powers Of the fed.
eral government should be deemed proper,
It is sa.er and wiser 10 appeal 10 the States
and the people in the mode prescribed by
the constitution for the grant desired, than
to assume It's exercise withoct en- amend
ment of the constitution. Ii Congress doe,
no, possess the general power to construct
works OF internal Improvement within the
States, or TO appropriate money from the
treasury for that purpose, what is there to
exempt some, at least, of the objects OF ap
preparation lncluded in this bull from the
operation, of the general rule This bill
assumes the existence of the power, and 10
: some Of its provisions asserts the principle,
! that Congress may exercise it as fully as
! though the appropriations which II ptopo.
+ SEES we're applicable 10 the construction o.
lc thana ko 1