Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-08-13

pration bill, as it appears in the Union Of the Sd
inst.
10 the House Of Representatives.
have considered the bill entitled "An act making ap
propuatons for the imp Of certain harbors and
rsers with the which its importance demands and
return the TO the House Of Representatives in
which originated, with my objections TO its becoming
law. The bill proposes TO appropriate one million three
hundred and seventy thousand four hundred and &c
~ dollars be applied more than forty distinct and
separate objects Of improvement On examining its pro-
Visions and the variety OF objects OF improvement which
embraces. many Of them Of local character is diff
cult conceive If shall be sanctioned and become
law what practical constitutional restraint hereafter
be imposed upon the most extended system Of internal
improvements by the federal government in ell parts Of
the Union. The constitution has not in my judgment,
conferred upon the federal government the power 10 con-
stFuc works Of internal improvement within the States
or 10 appropriate money from the treasury for that pur
pose. That this bill for the federal government
the right exercise this power, csnnoi think be doubt
cd. The approved course Of the government and the
deliberately expressed Judgment Of the people, have de-
MED the existence Of such power under the constitutions
Several Of my predecessors have denied It's existence in
the most solemn forms.
The general proposition that the federal government
does possess this power is well setd and has for
is not deemed necessary to reerae the Arguments by
which II is sustained Nor do deem il necessary, after
the full and elaborate discussions which have taken place
before the country this subject to do than state
the general considerations which have satisfied of the
unconstulionaly and inexpedlency Of the exercise of
such power.
Il is not questioned that the federal government is
of limited powers It's powers such, and such only
expressly granted in the constitution properly
incident the expressly granted powers and necessary
their execution. In determining whether given power
has been granted sound rule Of construction has been
laid down by Mt Madison. That rule IS that "wheneyer
question arises concerning particular power the first
question is whether the power lie expressed the cons-
the is decided. be
presse the enquiry be, whether il properly
incident 10 expressed power and necessary its
execution. If II be- II may be exercised by Congress. If
it be not Congress cannot exercise it," II is pretend
ed that there any express graut in the constitution
eing Congress the power in question. Is it then
incidental power necessary and proper for the execution
Of any Of the granted powers All the granted powers
it is confidently affirmed, may be eectuay executed
without the aid Of such incident "a power be in
cidenal must be exercised for ends which make it
princips substantive power Independent Of the prnc
pal power to which IL incident" 1t is enough
that it may be regarded by Congress Convenient or
that its exercise would advance the punlic veal II must
be necessary and PROPER To the execution Of the principal
expressed power to which it is incident and without
which such principal power cannot be carried into effect
The whole frame of the federal constitution proves that
the government which intended be one Of
limited and specified powers. construction of the con-
sulon broad that by which the power in question is
defended tends impercepIby consolidation of power
government intended by its trainers be thus limited in
authority "The obvious tendency and inevitable re-
sui, of consolidation of the States into sovereignty
would be transform the republican system Of the United
States into monarchy" To guard against the sssump.
ton Of all powers which encroach upon the reserved
regnty Of the States and which consequently tend to con-
soidaton, the duty of all the friends of poll
teal system. That the power in question properly
incident any o the granted powers, fully salts
fed bot If there doubts this subject experience
has the wisdom of the rule that all the unc.
tonares of the federal government should abstain from
the exercise Of all questionable doubtful powers If an
enlargement Of the powers Of the federal government
should be deemed proper is safer and wiser appeal
the States and the people the mode prescribed BY the
sution for the grant desired than assume its exercise
without amendment Of the constitution II Congress does
possess the general power works onterna
improvement within the States, to appropriate money
from the treasury for that purpose, what is there exempt
some at least of the objects of appropriation included in
this bill from the operation of the general rule This bill
the existence Of the powers and some Of its
provisions asserts the principle that Congress may
fully though the appropriations which it proposes
applicable the of roads and canals
If there he distinction 10 principle it is perceived,
and should be clearly defined Some Of the objects ap
proprison contained in this bill local in their charac
ter and lie within The limits of single Sste and though
in the language or fhe BILL they called haTbors they
connected with foreign commerce. nor they
places of refuge shelter for navy commercial
marine ths or lake shores. Toca the mouth Of
a creek, a shallow inlet coast harbor cannot
confer the authority expend the public money IN its
Improvement Congress have exercised the power
with the constitution Of establishing lighthouses beacons
buoys, and piers and lake Shores for the
purpose of rendering navigation safe and easy and of az
ordng protection and shelter for navy and other ship
ping These safeguards placed in existing ehInnels
of navigation After the long acquiescence Of the govern
ment through all preceding administrations am not dis
posed question disturb the authority make appo-
pristions for such purposes. -:
When advance a step beyond this point and in ad
dton the establishment and support by appropriations
from the treasury, Of lighthouses beacons buoys PIERS
and other improvements within the bays nlets and har
and lake coasts Immediately connected
with foreign commerce, and attempt to make improve
in the interior points unconnected it'll foreign
commerce. and where they not needed for the protec
ton and security Of navy and commercial mane the
difficulty arises in drawing line beyond which appropr-
atoms may be made by the federal government
One Of my predecessors, who the evil consequences
of the system proposed TO be revived by this BILL attempt
ed define this line by declaring that expenditures of
this character should be confined below the ports
try or delivery established by law - Acting this re-
srction, he withheld his sanction from bill which had
passed Congress ste improve the navigation of the Wa
bash river" He was at the time sensible that this
restriction satisfactory could be desired and
that much may be caused to the executive
department in its execution, by appropriations for remote
and not welt understood objects" This restriction
found, subject be evaded and rendered
comparatively useless in checking the system of improve
ments which designed arrest in consequence Of
the facility with which ports of entry and delivery may be
established by law upon the upper waters and in some
stances almost the head springs Of some Of the most
unmportan Of our rivers and points pos
sessng commercial importance and not used places
of refuge and safety by navy, aud other shipping.
Many the ports entry and delivery now authorized
by law, far foreign is concerned exist
y the statute books No entry Of foreign goods is
made, and duties collected at them No ex-
ports of American products bound for foreign countries
ever clear from them To assume that their existence in
IL r.