Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-12-21

n, tho osb or December, 1893, the Stale Of
Mar,Iand ,,sssrd y law authorizing The appoint
meni of heal,., officer for The port OF baliiiole,
and lavino A tonnage duty on vessels ~ "eii"5
The expenses. o;,;,o lie
Congress has passed many acts s''i"s s.s,
"cousent' Ia these and other STATE laws, "I
Of which is dated in l190 and the last III ioao,
b. he later ac III 'consenr OF Longs ,,,s #
Gle, TO the lag .; the Legislature ol Inc @'a'1 y.
TGisrrIa,,d Iay;,o y tonnage duly on vessels lot
,b announcement ot Tie harbor oi Baltimore, anu
c,,,;u,;ng il in force mil The Is! day oil Juhe,
! $50 | transmit herewith copies OF socn VI VIC
acts or lbc LEGISLATURES Of The States on INC sup
;ac, and also the acts oil Congress giving hS
tconssntn thereto, as have been collaled.
Thai The power was conslilu,ionally ana fiSn''
tnIlv exercised in these cases does not ao'i' VI I"
| doubt 49,. ,,,,;n, from
conc: ding The power 10 both Government. 10
Insrract BIZ several OF the acts enumerated i2ke
.ra, ,,r Tho i,norovenepi %. the harbor Ci Batl'
,urrr Tha, improvement, Is paid io', exclusive
10 by lax on the commerce oi that CIV; hu' u
an CONTAMINATION be made from Inc Na'i"Hdi
Treasury Tor ne improvement a lie haioof %,
Boston. il ,rne, b. paid in part cu Of taxes e' ieu
en- the commerce OF Baltimore. Inc resuu -,
tba, the commerce Of Baltimore pays The luil COST
of rbe haIbor improvement designed LOT lis own
benefit and in addition, contributes 10 Inc Gus. VI
all other harbor and river Improvements IN 'ie
Union. The facts need but be stated TO prove 'he
inenuaIity and Injustice which cannot but nov
t,o,n Inc practice embodied in this bill Either
The subject should be Iell as il was during inc
first lhiid Of century or the Practice oil levyins
tonnage duties By The States should be aoaEdoheu
altogether and all harbor and river improve
menls made under The authority oil Inc uni'ea
States, and by means of direct appropriations In
view moi only If the constitutional diincuHy, ou'
as cues ion OF policy, an clearly - op'"lo"
that Inc whole suhecl shouu be cil 10 line States,
aided ~ .uca tonnage dGlicS on vessels haViea-
,iuc ;hcif wa:cIs as their respective LEGISLATURES
,fay think proper 70 propose, ana Coh"ies'N y. -,
10 sanction. This consent Il Congress "ou'u
meyer he refused in any case where The duty pro-
no.ed to he levied by the Stale was reasonable
and where The object of improvement was one OF
imnorapce. The funds required for the improve
mept OF harbors and rivers may be raised in This
mode as as done in the earlier periods oil the Go
vernGeni, and thus avoid resort TO strained
construction OF the constitution, not warranted by
lis Letter. Ifdirect appropriations be made OF The
money in the Federal Treasury Tor such pnrpo-
.ps The expenditures will he unequal and unjust
The money in The Federal Treasury is PAID BY
tax nn Tie whole p"cT!c 81 he Unned States, and
If applied to The purposes o! improving haIeors
and rivers, il viii be partially distributed, and be
expended for the advantage ot particular States,
sec ions. or localities, al the expense Of others.
By returning TO the carly and approved con.
slruciion of the constitution and 10 The practice
under il, this inequality and injustice will BE-
avoided and, a! the same time all the really i'm
porant Improvements be made and, as our eX-
peicnce has proved, be better made and at less
cost than they would BE- by the agency Of officers
OF the United States. The interests benefited by
these Improvements, too, would bear The cost OF
making Them, upon The same principle that the
expenses OF the Post Office establishment have
always been betrayed by those who derive bene-
lis RON il. The power OF appropriaing money
from me Treasury Tor such Improvements was
not claimed or exercised for more than thirty
wears after Inc organization OF the Government
in l7.9, uhen more IaiiludinouS construction
WIS Indicated ho1-5 il vas mol broadly asserted
and exercised mil 1925. Small approximations
wIc frs made IN 1920 and 1921 Tor SURVEYS
an act .Ya~ ~ AIDE on the 81 OF March 1923, au-
ihurlZiug The President 10 cause an examination
and survey 10 be ui the distractions between the
harbor of Gloucester and the harbor Of Squam in the
State OF Massachusetts" and OF "the entrance OF
the harbor of The port OF Presque Isle, in Pennsyl
vania" with view 10 their removal, and a small
appropriation was made 10 pay The necessary
exj cnses This appears to have been the COM
mtncemeni OF harbor improvements by Con-
gfesS, thiity.;our years after the Government
wen; into operation under The present Consitu-
ton On the :5olh Api! 1924, an act was pass
Cd making an appropriation Of thirty Thousand
dollars, and directing ''Snf"eyS and estimates 10
be made OF he routes cf such roads AMI canals"
as the President ''nay deem OF national impor-
lance, in a commercial or military point OF view,
or necessary Tor the transportation OF the mails.
This act evidently looked TO The adoption OF &c.
neral system Of internal improvements, 10 en-
brace roads and canals as well as harbors and RI
ver:. On The 26'h May, 1924 an act was passed
making appropriations Tor deepening the chan.
mel eadin. into tn ha rhor Of PrcsQue ISLE in The
sac Of PENNSYLVANIA" and 10 repair Plymouth
Beach, in The Safe OF Massachusetts, and there
by prevent the harbor al that place from being de-
stroycd"
PreSiden, Monroe yielded mis- approval TO these
measures, though he entertained, and had, in a
message 10 tie House Of Representatives on the
Alb II May, 1922 expressed The opinion that the
Constitution had not conferred upon Congress the
njUcr 20 'taGopt and execute a system OF inleT-
nal Improvements" lie paced his approval
upon the ground, 10, ha Congress possessed the
! power 10 "adopt and execute" such system by
| virtue Of any or all OF the enumerated grants OF
power in the Constitution but upon the assnmp-
| lion that the power 10 make appropriations Of
the public money, was limited and restrained only
by The discretion OF Congress. In coming 10 This
conclusion he avowed hat "in the more early
stage Of he Government" he had entertained a
different opinion. He avowed that his fi;s. ppin-
! ion had been that "ag the National Government
! i government OF limited powers, u has 80 rigi:
80 cXpnnd money except in The Performance oi
ac, authorized BY the otter specific grants, ac-
! c0niUg TO Strict construction 0! lheiG powers;
: ard Ina, the power to make appropriations gaze
| t. Congress ~ Discretionary authority 10 apply
lie public money 10 any other purposes or OBJECTS
except to "carry into effect lie powers ctnia incd
in The other grants" These sound views, which
MIR. Monroe entertained Tin The early stage OF the
Government" he gave up in 1922, and declared
that
"The RICH, of appropriation is nothing more
than rieh, 10 Apply he public money 10 this OIL
that purpose. i has noincdenlal power, nor does
it draw atef it any consequences OF that KIM -
| All that Congress could do under il, in the case
U! internal improvements would be 10 appropTi
| ale the money necessary TO make them. Fol
! any &C. requiring legislative sanction or support
the State anJhuriy must he relied on. The con.
dcmnal,an OF the land, if The proprieiofs should
feiuS" Ia sell j, tic establishment ct turnpike
and tolls ird III. protection Ui The work when I'm
,>hed, 'uus, 20 done by he State. To these pur
/ pa.es be puycfs q! the General GOvcrnmen
But il is impossible TO conceive TN what princi
PIE The power appro1riatiDg public money whcr
in The Treasury can be construed IL extend TO OBJ
jecls for which the constitution does mol authorize
Congress to levy taxes or imposs 10 raise money
The power OF appropriation is but the conse
quence Of The power 10 raise money; and the TN;
inquiry is, whether Congress has he right to levy
taxes Tor The ohjcc over which power is claimed
Daring he four succeeding years embraced by
The atm.aisira'ion Of President Adams he rowe
not only 70 appropriate money bat apply i, m
der he direction and authority Of The Geocral Go
:cInm a. as well 10 the construction 81 roads d.
10 the Improvement Of haTbo:s and rivers. was ful
~ Asserted and exercised.
Among other acts assuming the powcT, was ont
passed on the twentieth If May, 1876, entilec
San act Tor improving certain barburs and The
navigation OF certain rivers and creeks, and fol
authorizing surveys 10 be made OF certain BAYS
sounds and rivers therein mentioned" BY tha
act large appropriations were made, which were
al