American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1846-08-05
H. WEDNESDAY MORNING, AUGUST S 1876
EssAGE OF THE PRESIDENT.

III assigning his reasons for vetoing the RiV-
md Harbor Bill. We copy it from the
gbpn:
.the House Of Representatives.
Z'lhave considered the bill entitled can act
ling appropriations for the improvement
! Certain harbors and rivers" with the care
.stch its importance demands, and now re-
81 the same to the House of Representa-
lis in which it orig mated, with my objec-
rs to its becoming a law. The bill pro-
6sss 10 appropriate one million three hun
~ and seventy eight thousand four hun
Ia and fifty dollars TO be applied to more
IN forty distinct and separate objects of i'm
#Nement. On examining IFS provisions, and
Il variety of objects of Improvement which
Embraces, many of them of local charac,
u 1t is d fficult to conceive, if it shall be
actioned and become law, what practical
Institutional restraint can hereafter be inn
fed upon the most extended system of in
pal Improvements by the federal govern
.nt in all parts of the Union. The consti-
sEon has not, IN my judgment, conferred upon
federal government the power TO construct
hrks of internal Improvement within the
ties, or TO appropriate money from the
=tasury for that purpose. That this bill as
ines for the federal government the right to
4sDrcise this power, cannot, hink, be doubt
The approved course of the government
] d the deliberately expressed judgment of
! \ people, have denied the existence of such
BOWER under the constitution. Several of
], predecessors have denied its existence in
- most solemn forms.
1.-THE general proposition that the federal
Zlernment does not possess this power is so
I'll settled, and has for considerable Pc
"a been so generally acquesced in, that il is
deemed necessary to reiterate The argu.
,nts by which it is sustained. Nor do |
I'm it necessary, after the full and elaborate
Bcussions which have taken place before
4 country on this subject, to do more than
j lie The general considerations which have
lisied me Of the unconstiutionality and in
1 pediency of the exercise of such power.
i IL is not questioned that the federal govern
hnt is enc of limited powers. Its powers are
8ch, and such only as are expressly granted in
p constitution, or are properly incident to the
|pressly granted powers, and necessary to
/ cir execution. In determining whether
zen power has been granted sound rule of
obstruction has been laid down by Mr.. Madi-
In. That rule is, that "whenever question
Tises concerning particular power, the first
estion is whether the power be expressed in
e constitution. lift be, the question is deci-
Id. fit be not expressed, the next inquiry
lust be, whether it is properly an incident to
4 expressed power, and necessary to its execu-
pm. lift be, it may be exercised by Congress.
it be not, Congress cannot exercise it," 1t
not pretended that there is any express grant
the constitution comforting on Congress the
pwer in question. 1t is then an incidental
bwer, necessary and proper for the execution
any of the granted powers. All the granted
DIVERS, it is confidently affirmed, may be eff
|ctualy executed without the aid of such an
ncident ga power to be incidental must no
exercised for ends which make it princi-
pal, Or substantive power, independent of the
Fincpal power TO which it is an incidet." 1t
not enough that it may be regarded by Con-
fess as convenient, or that its exercise would
dvance the public veal. 1t must be necessary
nd proper to the execution of the principal ex
ressed power to which it is an incident, and
'ithout which such principal power cannot be
arred into effect.
The whole fame of the federal constitution
roves that the government which it creates
1as intended to be one of limited and specified
overs. A construction of the constitution so
! defended, tends imperceptibly to consohda-
ion of power in government intended by its
-amers TO be thus limited in its authority. "The
bvous tendencyand inevitable result of a con-
olidaton of the States into one sovereignty
would be to transform the republican system
f the United States into monarchy" 10
uard against the assumption of all powers
,hich encroach upon the reserved sovereignty
e al tIty tanI fO
is the duty of all the true friends
our political system. That power in ques-
on is not properly an incident of any of the
ranted powers, am fully satisfied; but If there
we're doubts on this subject, experience has de-
nonstrated the wisdom of the rule that all the
nnctionaries of the federal government should
bstain from the exercise of all questionable or
oubtfnl powers. If an enlargement of the
overs of the federal government should be
eemed proper, it is safer and wiser to appeal
o the States and the people in the mode pre-
cribed by the constitution for the grant desir-
I'd, than TO- assume its exercise without an a.
nendment of the constitution.
lfCongress does not possess the general pow
n to construct works of internal improvement
within the States, or to appropriate money from
he treasury for that purpose, what is there TO
exempt some, at least, OF the OBJECTS OF appro-
,ration included in this bill from the operation
# the general rule? This bill assumes the ex-
stence of the power, and in some of its provis-
ons asserts the principle, that Congress may
exercise it as fully as though the appropriations
which it proposes were applicable TO the con-
truction of roads and canals. If there be
distinction in principle, it is not perceived, and
should be clearly defined. Some of the objects
If appropriation contained in this bill are local
n their character, and lie within the limits of
iingle State; and though, in the language OF
he bill they are called harbors, they are not
with foreign commerce, nor are they
places of refuge or shelter for our navy, or conf
nercial marine OH the ocean or lake Shores
To call the mouth of creek, or a shallow in
let on our coast, harbor cannot confer the au-
shortly to expend the public money in its i'm
Congress have exercised the pow
Or coeyal with the constitution of establishing