The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-07-13
CITY OF WASHINGTON.
TUESDAY NIGHT, JULY ls. ls47.
The Chicago Convention.

body the hrstday OF its session, from several dis
gushed gentlemen. Mr.. Van Buren, and Mr.. Clay briefly
express themselves avorng the general object, IN
view OF which the convention has been Called without
entering into any specification of its purposes, or OF then
own views. Gen. Cass expresses no opinion on the
subject Col Benton and Mr. Wright give their opin-
ions at length, concuning in the general view
that internal improvements by the general government IN
the western harbos and rivers should be strictly CON-
fined TO objects OF national Importance. Both oil these ex
perenced statesmen recognise the grea, difficulty OF decd
ing, in practice, what improvements are permissible under
this rule and indeed. of establishing under the constu-
ton any practical rule of legislation upon the subject
Mr. Wright is SO fully convinced OF this dlihcuty,
that, as understand him, he recommends that each
contemplated improvement should be decided upon by
Congress separately; in other words should be made
by Congress the subject of separate law we may re-
mark, in passing that the letters of both Mr. iSenon ana
Mr. Wright, limited and guarded as they are IN their
declarations, SEEM in their principles, fully to justify the
refusal of the President TO sign the very complex and ex
tensve bill for internal Improvements passed at the irst
session OF the last Congress. We make this remark
without meaning to say that the general positions OF Mr.
Polksveo message the bill of the last Congress are IN
concurrence with the constitutional views which those
gentlemen express the exercise OF agenera power over
what are called national objects.
In order to lay open readers as fully as possible
the general tenor of authoritative opinion upon this sub
ect OF internal Improvement by the federal government,
among the successive generations of American statesmen,
publish along with these letters the following decla
atoms upon this point by of those who formed the
constitution and took part in the earliest legislative pro-
ceedngs under it. For ourselves, have no hesitation
in saying with all due respect for the correspondents of
the Chicago convention that these last celebrated fathers
OF the republican church express the true doctrine and
spirit of the constitution.
We begin with the celebrated message of Mr.. Madison,
dated March g. 1877, returning TO the House OF Repre-
sentatves with his objections the bank bonus BILL which
provided that the bonus paid by the bank for its charter
should be devoted TO purposes of internal Improvement
This message the last day. and the last great act
of Mr. Madson's administration.
To the House of Representatives. of the United States
Having considered the bill this day presented to me- en-
titled can apart and pledge certain funds for IN
terna improvements, and which apart and pledges
funds 'for constructing roads and canals and improving
the navigation of in order to facilitate pro-
mote, and give security to Internal commerce among the
several States and to render and less expensive
the and provisions for the common defence, am
constrained, by the nsJ perabe difficulty feed in recon-
CLING the bill with the constitution of the United States to
return it, with that objections to the House OF Representa-
tives, in which it originated
The legislative powers vested in Congress specified
and enumerated the Sth section of the first article OF the
constitution; and it does appear that tue power
posed be exercised by the bill among the enumerated
powers it falls by any just interpretation W thin
the power make laws necessary and proper Tor Carrying
execution those other powers vested by the ctns
tuition in the government of the United States
''The power regulate commerce among the several
Stae, include power to construct roads and ca
nails and improve the navigation OF watefcourses, IN
orier To facili
without latitude OF construction departing from the ord
nary import of the terms, strengthened by ne known in
convenences which, doubtless, led to the grnt OF this
medal to Congress To refer the power in question
to the clause so provide for the common defence and
general welfare" would be contrary the established and
consistent rules of Interpretations rendering the special
and careful enumeration of powers which follow the
clause migratory and improper. Such view ofthe consu
ton would have the effect of giving Congress general
power ofegsaton instead of the defined and limited
hitherto understood belong them; the common
defence and general welfare" embracing object and
act within the purview OF Legislative trust 1t would have
the effect OF subjectng both the constitution and laws of the
several States, in all cases not specifically exempted to be
superseded by laws of Congress; being expressly de-
cared, 'hat the constitution of the United States, and
laws made pursuance thereof shall be the supreme law
of the land and the judges of every State shall be bound
thereby, anything in the constitution or laws OF any State
to the contrary Notwithstanding. Such view OF the
constitutions finally would have the effect of excluding the
judicial authority the United States from it's participation
guarding the boundary between the legislative powers of
the general and of the State governments, inasmuch
questions relating general welfare, icing questions of
policy and cxpedency, unsuscepbe ofjudcia cogni-
zance and decision
restriction the power to provide for the common
defence and general welfare which be pro-
vided TO. by the expenditure of money would still leave
within the legislative power Of Congress all the great and
most important measures of being the
ordinary and necessary OF carrying them into
cuon
If general construct roads and canals, and to
improve the navigation of watercourses, with the train OF
powes incident thereto be possessed by Congress- the
ssent of the States the mode provided by the BILL
not confer the power The only in which the
and essou of particular States can extend the power OF
Congress are those specified and provided fol- in the cons
tuition.
am not unaware ofthe great Importance of roads and
canals and improved navigation OF waer-courses and
that power in the national Legislature to provide for
them be exercised with signal advantage TO the gene
raj prosperity But seeing that such is not express
~ given by the constitution and believing cannot be de-
duced from any part of it, without admissible latitude
of construction, and reliance insufficient preceden
believing aso that the permanent success OF the consu
ton depends definite partition OF powers between the
general and the State governments add that no adequate
would be left by the constructive extension OF the
powers Congress- proposed in the bill, have no OPP
ton but TO withhold my signature from 1t; cherishing the
ho,e that lis be aecia objects may be attained by
o ,r the powers, the wisdom and vir-
- - ,e n,,ion which established the constitution in its
go, form and provdenuy marked in the instrument
rolf sal and practicable mode OF improving it, expe
''e'''' JAMES MADISON.
March 3, 1Sl7