The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-08-07

amres shall have delibeTaed ibis extension OF the
era trusts and the laws shall be passed, and other
nents made for their execution, the necessary funds \
be on hand and without employment. suppose an anne
nent the constitution by consent OF me states neees
because the objects recommended are not among III
enumerated in the constitution, and TO which Il perm
the public moneys 10 be applied.
Mr. Jefferson in 1879.
Rut the federal branch has assumed IN some cases
claimed i'm OTHERS right OF enluging It's own powen
sonsructions nerences, and indehnite deductions Il
osc directly given, which ms assembly, does declare
nsurpatons OF the powers retained TO the independI
branches mere interpretations into the compact and
nfructions OF it.
'sThey claim, for example, and have commenced
exercise of IA right to construct roads, open canals
effect other internal improvements withi the territories
Jurisdictions exclusively belonging 20 inc several Sta
which this assembly does declare has not been gtel
that branch by the constitutional compact but remain
each State among its domestic and unalienaled powers
ercisabe within itself, and by lis domestic auhonl
alone"
Speaking in reference to this subject, Mr. Jefferson in
etter to Mr. Giles under date OF December 70, 1925 sap
"Under the authority establish post roads they chi
that of cutting down mountains Tor the construction OF I
of digging canals and, aided by little sophsy
words general welfare right 10 do mol only the act
effect that, which specifically enumerated and pend
ted but whatsoever they shall Think or pretend will be
The general welfare"
M Audisons Veto an M.
'Having considered the bill ibis day presented ton /
titled An act part and pledge certain funds m
ternal improvements and which sets apart and Pied
funds 'lor constructing roads and canals, and lr4EoyI
the nayirat IN of waer-courscs in order facilitate
mote and give security internal commerce among
several States, and to render more easy and less expct
The means and provisions for the common defence
| constrained, by the msuperabe difficulty feel in
Cling the bill with the constitution OF the United States
return it, with that objection, to the House OF Repes
tives, in which it originated
and enumerated in the 9Th section OF the first article
constitution; and it does not appear that the power
posed TO be exercised by the bill is among the enument
powers, that IL falls, by any Just lnerpretanon
The power make laws necessary and proper for ca
into execution those other powers vested by the cons
1 lpu N
| 1.-The power 10 regulate commerce among the sey
States, cannot include power to construct roads and
mails, and to improve the navigation OF water-course
order to facilitate promote, and secure such commei
without latitude OF construction, departing rom lie
nary import OF the terms, strengthened by the knownI
convenicnces which, doubtless, led to the grant 9th
medal power to Congress:
81 am not unaware OF the great importance of roads
canals, and the improved navigation OF watercourses
that power in the national legislature to provide
them might be exercised with signal advantage to the
raj prosperity. But seeing that such power eX
y given by the constitution and believing that it can
deduccd from any part OF it, without admissible la
Of constructions and reliance Insufficient preced,
believing also that tile permanent success Of the consI
on depends on definite partition OF powers betwecI
general and the State governments, and that ade
land marks would be left by the constructive exten
the powers of Congress, as proposed in the BILL ha
option but withhold my signature from II chershlI
hope that It's beneficial objects may be attained by
for the necessary powers, TO the same wisdom and
IN the nation which established the constitution In
ual FORM and provdenty marked out in the msu
| itself safe and practicable mode OF improving it,
| perience might suggest"
| Mr.. Monroe's opinions IL, 1922.
No President has treated the branch of this sui !
which relates to the Regulation of commerce. SO
at large as Mr.. Monroe in the message which lie spec
ly sent to Congress in 1922, in relation TO the Cum
land road He treats it with great ability; and in
following passages he comedies in the views Of i
Madison about the meaning and origin of that cIau
the constitution
come next to the right to regulate comnercc-he n
source from whence the right make internal imWE
ments is claimed. 1t is expressed in the following
Congress shall have power TO regulate commerce T.
foreign nations, and among the several States and viii
lndian tribes" The reasoning applicable TO tHe prece
claims is equally so to this. The mischief companc i
was, that this power could not be exercised with aa
by the individual States, and the object was to trans y
to the United States. The sense in which the power
understood and exercised by the States, doubtless
IN which it was transferred to the United States The
icy was the same to the three branches Of this grant,
is scarcely possible to separate the first two from ea
The others in any view which may be taken OF the sub
The last, relating to Tie Indian tribes is of dis
from the Others for reasons too well known TO require
planaiion Commerce between independent powa
communities IS universally regulated by duties and imp
twas SO regulated by the States before the adoption
constitution, equally in respect TO each other and to G
powers. The goods and vessels EN- ployed in the trad
the only subjects OF regulation. 1t can none 4
power, then, to impose such duties and impcsls Il
gard to foreign nations, and to prevent any the trad
tween Tie states, was the only power granted h
III we recur to the which produced this calt5
the constitution we shall find thar n,Iros resulting Is
the regulation of trade by the states resnectvelv md
vantages anticipated from the transfer of te nower 10
gress, were among those which had the most weight Ind
Of aching as n nation ia roo,rd 10 f,ra, Y,ar The n
ndy idltay had commeneed = system Of restrain OF
other whereby the interests of foreign powers were prom
at their expense. If one State imposed HIGH duties
goods or vessels OF foreign power counlerva the
laons of such power the next adjoining States imp
lower duties to invite those artices mo their ports
they might be transferred thence into the other State
curing the duties themselves. This contracted poEt
some of the States was snon co,nterac,ed Inv Others
straints were Immediately laid on such commerce by
suffering States ard r,,ns I'D ,r,, 80, s,a,n NJ nj
disordery and unnatura the t.ndencv Of which VIA