Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-08-08
vEro OF RIVER AND HARBoR BILL


Housr OF RKrRKsrsrArIvEs, Aueusr 3, 1916.
The PnryArr sscarrAar Of the President entered the
Hail. and returned the bill making appropriations for the inn
oyemem Of the navigation OF rivers and harbo accompa
MED by the following message from the President;
To The House Of Representatives.:
have considered the bill entitled An making appro-
uons for Improvement Of certain harbors and rivers
with the which its importance demands and return
the same the House Of Representatives in which ogna-
ted with my objections 70 its becoming law. The bill pro-
poses appropriate million three hundred and seventy
eight thousand four hundred and fifty dollars TO be applied to
than forty distinct and separate objects Of improvement
On examining provisions and the variety of objects OF m
which il embraces many of them of local charac
ter is difficult conceive if it shall be sanctioned and be-
law, what practical constitutional restraint can here
after be imposed upon the most extended system oil internal
the Federal Government In all parts OF the
Union The constitution has moi, IN my Judgment confer
red upon the Federal the power
works internal improvement within the States appro
pae money from the Treasury for that purpose That this
bill for the Federal Government the right to exercise
this power Cannot | think, be doubted The approved
course Of the and the judg
en Of the people, denied the existence of such
under the constitution Several Of predecessors have de-
MED its existence in the most solemn forms.
The general proposition that the Federal Government does
not possess this power well settled and has for
siderable period been generally acquesced in that
deemed necessary reterate the arguments by which
sustained Nor do deem il necessary, after the full and
discussions which have taken place before the
try this subject do than the general consde-
raions which have satisfied Of the unconsuonaty and
incl pediency Of the exercise of such power.
Il questioned that the Federal Government one
limited powers Its powers such, and such only,
expressly granted in the constitution properly incident
the expressly granted powers and necessary their
In determining whether given power has been grant
sound rule of construction has been laid down by Mr.
Madison. That rule is that whenever question arises
concerning particular power, the first question whether
the power be expressed in the constitution be, the
decided If it be not expressed the next inquiry must
be, whether PROPERLY incident to an expressed power
and necessary its execution. If be- may be exercised
by Congress if it be not Congress cannot exercise it, II
pretended that there any grant in the consi
tuition comforting Congress the power IN question 1t
incidental power and proper for the
Of any of the granted powers All the granted powers
is confidently affirmed may be efecuay executed without
the aid of such incident power to be incidental Unjust
not be exercised for ends which make principal sub
stantve power independent Of the principal power which
incident" II not enough that it may be regarded
by Congress conr that its exercise would advance
the public veal Ii must be necessary and proper to the
cuton of the principal expressed power to which
dent and without which such principal power be
RED effect The whole frame OF the federal constitution
proves that the government which intended to
be Of limited and specified powers construction of the
constitution broad that by which the power question
is defended tends mperceptby consolidation of power
Government intended by its trainers be thus limited in
authority The obvious tendency and inevitable result
Of consolidation Of the States into sovereignty would be
monarchy. To guard AGAINST the assumption OF all powers
which encoach upon the reserved sovereignty of the States
and which consequently tend to constellation the duty OF
all the friends Of political system. That the power
question not properly incident any OF the granted
powers, am fully satisfied but If there doubts this
subject experience has demonstrated the wisdom of the rule
that all the nctonares of the Federal Government should
abstain from the Of all questionable doubtful pow
an enlargement of the powers of the Federal Govern
ment should be deemed proper is safer and wiser appeal
to the States and the people in the mode prescribed by the
constitution for the grant DESIRED than its
without an amendment of the constitution. If Congress
does possess the general power works of in
eal Improvement within the States appropriate money
from the Treasury for that purpose what there exempt
at least Of the objects Of appropriation included in this
ball from the operation Of the general rule This bill
the existence Of the power, and in Of its provisions
ssrts the principle that Congress may exercise it fully
though the appropriations which applicable
ton in principle perceived, and should be clearly de
fined Some of the objects of appropriation contained in hi
bill local in their character and lie within the limits of
single State and though in the language Of the BILL they arr
called hGrbOs they connected with foreign
nor are they places Of refuge shelter for navy
mercial marine the lake shores To call the mou
Of cresk, shallow inlet ourcoast, harbor,
confer authority expcnd the public money its improve
ment Congress have exercised the power coeva with th
constution Of establishing lighthouses beacons, buoy
ps snd lake shores, for the purpose of render
ing navigation safe and easy, and Of aodng protection and
shssr nor navy and other shipping These safeguards
placed in existing channels Of navigation After the long
quisscence Of the Government through all preceding Admins
traions, not disposed TO question disturb the auho
ty to make appropriations Tor such purposes.
When advance step beyond this point, and, in add
ton the establishment and support, by appropriations
the Treasury, of lighthouses beacon buoys PIERS and other
improvements within the bays, nlets and habos on our
and lake Immediately connected with foreign
commercs, md attempt 10 make Improvements the interior
points unconnected with foreign commerce, and where
they not needed for the protection and Of
and commercial marine the difficulty in drawing line
beyond which appropriations may be made by the Federal
Government
One of my predecessors who saw the evil consequences Of
the system proposed TO be revived by this BILL attempted
define this line by declaring that Expenditures Of this
scter should be confined below the ports Of entry
livery established by hw" Acting this restriction he
withheld his sanction from bill which had passed Congress
to improve the navigation Of the Wabash river" He
the time sensible that this restriction
satisfactory could be desired and that much embarras
may be caused 10 the Executive Department in it,
cuton, by appropriations for and weunderstood
objects THIS restriction, found subject "a
be evaded and rendered comparatively useless checking
the system OF improvements which il designed
in consequence of the facility with which ports Of entry
delivery may be established by law upon the upper waters
and in instances almost the head springs Of
the most unimpoant of rivers and points
possessing commercial Importance and used places
Of refuge and safety by navy and other shipping Many
Of the ports Of entry and delivery authorized by law
far foreign concerned exist only the sta
uie books No entry Of foreign goods made and
duties collected at them No exports Of American
products, bound for foreign countries clear from them
entry delivery warrant expenditures the leading
to them, which would be Otherwise unauthorized would lie
TO assert the proposition that the sw-akng power may
graft provisions the constitution III the restriction be