Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1846-09-05
VETO OF THE RIVER AND HARBOR
BILL.
To the House of Representatives:

making appropriations Tor the Improvement
OF certain harbors and rivers" with the
care which its importance demands; and
now return the same TO the House OF Rep.
resentaiives, in which it originated, with
my objections to its becoming law. The
bill proposes to appropriate one million three
hundred and fifty dollars to be supplied to
more than forty distinct objects OF improve
ment.
On examining its provisions and varie
ty Of objects of Improvement which il EN-.
braces, many of them of local character,
it is difficult to conceive, if it shall be sane.
toned and become law, what practical
constitutional restraint can hereafter lie
imposed upon the most extended system oil
internal improvement by the federal gov
eminent IN all parts Of the Union. The
constitution has not, in my judgement, con.
ferred upon the federal government the
power to construct works of internal i'm
provement within the states; or to appro
pirate money from the treasury for that pur.
dose. That this bill assumes for the feder.
al government the right to exercise this
power, can not think be doubted. The
approved course Of the government, and
the deliberately expressed judgement OF
the people, have denied the existence Of
such power under the constitution. Sew
eral of my predecessors have denied its ex.
istence in the most solemn forms.
The general proposition that the federal
government does not possess this power, is
so well settled, and has for considerable
period been so generally acquesced in, that
il is not deemed necessary to reiterate the
arguments by which it is sustained. Nor do
deem it necessary after the full and elabo
rate discussions which have taken place be-
fore the country on this subject, TO do more
than state the general considerations which
have satisfied me Of the unconsttutionality
and inexpediency Of the exercise OF such
power.
1t is not questioned that the federal gov
eminent is one OF limited powers. Its pow
ers are such, and such only, as are express
ly granted in the constitution, or are prop.
erly incident to the expressly granted pow
ers, and necessary 10 their execution. In
ACKNOWLEDGEMENTS given power has been
granted, second rule has been laid down
by Mr.. Madison. That rule is, that "when.
ever question arises concerning pariicu.
lar power, the first question is whether the
power be expressly in the constitution. II
it be the question is decided. II it be not
expressed, the next inquiry must be, wheth'
er it is properly an incident 10 an expressed
power, and necessary TO its execution. II
it be, it may be exercised by Congress. II
It be not, Congress cannot receive it," 1t
is not pretended that there is any express
grant in the constitution, comforting to Con.
gress the power in question. Is it then
| IncIHpnfaI and
Tor the execution OF any OF the granted pow
ers? All the granted powers, il is confident
| ly affirmed, may be efectualIy executed
without the aid OF such an incident. ga
power to be incidental must not be excer-
cised for ends which make it a principal, or
substantive power, independent of the prin-
cipal power TO which it is an incident" |,
is not enough that it may be regarded by
Congress convenient, or that lis exercise
would advance the public veal. 1t must
be necessary and proper to the execution
OF the principa! expressed power to which
It is and incident, and without which such
principal power can not be carried into eff
ect. The whole frame of the federal con.
stitution proves that the government which
It creates was intended 10 be one Of limited
and specific powers. A construction of the
constitution so broad as that by which the
power in question is defended, tends imper-
ceptibly to consolidation OF power in a
government intended by its trainers TO be
thus limited in its authority. "The obvious
tendency and inevitable result OF consol
da,ion Of the states into one sovereignty
would be to transform the republican sys.
tenn Of the United States into monar.
chy."
To guard against the assumption Of all
powers which encroach upon the reserved
sovereignty of the states, tend 10 consolda-
ton, it is the duty at all true friends of our
political system. That the power question
is not properly an incident to any Of the
granted powers, am fully satisfied, but il
there were doubts on this subject, expert
encc has demonstrated the wisdom of The
rule, that all the func,ionaries Of the federal
government should abstain from The exer.
else Of all questionable or doubtful powers.
If an enlargement OF the powers Of the fed
eral government should be deemed proper,
it is safer and wiser to appeal to the states
and the people in the mode prescribed by
The consultation for the grant desired, than
TO assume its exercise without an amend
ment of the constitution. If Congress does
not 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 10
exempt some, at least, OF The objects Of APP
prialion included in this bill from the opera.
ton of the general rule! This bill assumes