The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-07-13
lowing extracts as showing his views of the want


claimed in Others rghtof enargng its powers by
constructions, nfeences and indefinite deductions from
those drectyRven which this Assembly does declare be
usurpatons Of the powers retained the Independent
branches, mere interpretations into the compact and direct
tnfractons of it,
"They claim, for example, and have commenced the
cise OF right TO construct roads, open canals and effect
her internal Improvements thin the territories and uris-
lctions exclusively belonging the States which
his Assembly does declare has not been given that
branch by the constitutional compact, but remains each
State among its domestic and unalienaed powers,
sabie within ITSELF and by It's domestic authorities aone
Mr. Van Buren,, his admirable speech in 1898, in the
Senate of the United States relative to the right OF the
Vice President TO call to order, &C., contested the right
Of the federal power construct works of internal i'm.
provemen, and. in publishing that speech, appended the
following note
=" Mr.. Van Buren, is by certain, that in this re.
pect hs himself has been altogether without fault At tue
very first session after he into the Senate the know
dge of the perpetual drain that the Cumberland road
destined prove upon the public treasury, unless some
taken to prevent IT, and sincere desire 70
all times. he could consistently with the cons
tuition, aid in ..ie improvement and promote the pros
perity of the country, had induced him. without
full examination, vote for provision authorizing the
collection OF toll this road The affair of the Cumberland
road respect its the constitutional powers
of this government, matter entirely geneis IL
authorized during the administration of Mr.. Jefferson
grew out of the disposition OF the territory of the United
States and had the consent of the States through which
passed He has heard explanation of the subject
(athough has been of constant reference that
been satisfactory his mind. All ne say is, that
the question again presented TO him, he would
against and that his regret for having done otherwise
would be greater had not Mr. Monroe much to his credit
put his upon the bin and it not the only vote
the course ola years service which the astd
Gus critic torture into inconsistency with the princ
pes which Mr. V. b. prolesed TO maintain and in the jus
ice of which he is day and more confirmed"
The following is Mr. Folks view, taken from his veto
message of August, 1916:
g" pretended that any express grant in the
constitution comforting Congress the power question
Is it then incidental power necessary and proper the
execution OF any of the granted powersl All the granted
powers, 1t is confidently affirmed be eectuay exc
cuted without the aid of such incident "A power to
be incidental must not be exercised for ends which make
principal, substantive power independent of the prin
cpa power to which is Incident 1t is not enough
that may be regarded by Congress Convenient or that
its exercise would advance the public veal II must he
necessary and to the execution of the principal es
pressed power which it is an incident and wi,bou /
which such principal power be carried into e0ec,
The whole frame of the federal constitution proves that the
government which 1t creates intended 10 be of linn
ted and specified powers construction OF the consii
ton broad that by which the power question is de-
Tended, tends imperceptiby consolidation power in
government intended by its trainers to be thus limited in
It's authority The obvious tendency and inevitable result
of consolidation of the States into sovereignty would *
be to transform the republican system of the United States
into monarchy To guard against the assumption of all
powers Which encroach the reserved sovereignty
the States and which consequently tend consolidation
is the duty of all the true friends of political system
That the power in question is not properly an incident
oil the granted powers, am fully satisfied but if there
were doubts this subject experience has demonstrated
the wisdom of the rule that all the functonaes the fed
eral government should abstain from the exercise of all
questionable doubtful powers Ii enlargement the
powers of the federal government should be deemed prop
er 1t Is safer aud wiser appeal the States and the peo
pie in the mode prescribed by the constitution the grant
desired than to assume its exercise without amendment
of the constitution"
Mr. Polk had long entertained the same opinion This u
was ably put forth in his report from the select commit
tee, made TO the House of Representatives on July IS
1884, on the distribution of the public funds We conten
ourselves with the following extract from that caborat
report:
MIR Jefferson in his annual message OF December 1885,
submits to Congress what disposition might be proper
make OF any surplus and after suggesting OBJ
Jects to which it might be beneticay appledpubc ed
ucaon roads, rivers, canals, and such other objects
public improvement as it may be thought proper ard
the constitutional enumeration Of federal powers, he adds
suppose AN amendment 10 the constitution, by
the States necessary because the objects mend
ed are not among those enumerated in the constitution
and to which permits the public moneys be applied
Such the constitutional views which have been II
expressed by four of our Pesldentsby Jefferson and
Madison, the distinguished fathers of the republican
church, as well as by Messrs. Van Buren, and Polk We
mean to make comments at this time on the various
authorities which cited in this article; we content
ourselves at present, with laying them alongside Of
each other, and expressing own full concurrence
in the constitutional views of these four Presidents
Still less shall enter into the question of the
expedency oil exercising this power, it regards the
collection and distribution of the public revenues which
would be necessary carry out thus power at the hands
of the federal government These questions may a
calmly and respectfully discussed at some future oppo
tunity.
With one other suggestion submit the following pro.
ceedngs OF the Chicago Convention, as we shall those
which took place on the subsequent days of the session
And that suggestion is this There is certainly much differ
ence OF opinion the constitutional powers of the gen.
eral government over internal improvements. Say, then
thatit IS doubtful question-hat involves doubtful
power is 1t not, then, far better to grant the power
by an amcndmentof the constitution and to guard it.
lar as possible, against and abuse than to assume
tin the face of such objections TO assume it. too after
the general power had been asked for in the federal con-
venton and refused; and to exercise the doubtful power
under all the excuses and abuses which NAV attend its
exercise without guarl and almost without limitation
Mr. Jefferson suggested the proprety of obainng the
power 10y constitutional amen menD nece ssary for
system ofmprovement MIR Madison on the very last da
of his administration, vetoed the internal improvement