The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-12-16

projects Tor works Of similar charact, the expense OF
which cannot be estimated with cenaiy, but must have
exceeded one hundred millions OF dollars"
Thus, within the brief period OF less than ten years
aef the commencement OF internal improvements by the
general government the asked for from the treasury
Tor various projects amounted than two hundred
millions OF dollars. President Jacksons powerful and
dsineresed appeals to his country appear 10 have put
down forever the assumption OF power to make roads
and cut canals and to have checked the prevalent dis
position to bring all rivers in any degree navgabe with
IN the control OF the general government But an i'm
mense held Tor expendng the public money and ncreas
ing the power and patronage OF this government was
left open IN the concession OF limited power OF
Congress to improve harbors and riversa field which
millions Will not fertillze 10 the satisfaction OF those
local and specializing interests by which these projects
are IN general gotten up. There cannot be just and
equal distribution of public burdens and benefits under
such system the States be relieved nom the
danger OF fatal encroachment the United States from
the equal danger of consolidation, otherwise than by
arrest OF the system, and return TO the doctrines and
practices which prevailed during the first thirty years OF
the government
How fociby does the history of this subject illustrate
the tendency OF power to concentration III the hands OF
the general government. The power TO improve Their
own harbors and rivers was clearly reserved to the States
who TO be aided by tonnage duties levied and coll
leccd by themselves with the consent of Congress For
thirtyfo years improvements were carried under
that sysem and careful was Congress not to interfere
under any implied power, with the soil jurisdiction OF
the States that they did not assume the power to
erect light houses or build piers without first purchasing
the ground with the consent of the States, and obtaining
jurisdiction it. AT length, after the lapse OF thirty
seven years. act passed providing for the exanna
ton OF certain distractions at the mouth of two
harbors almost unknown 1t is followed by acts making
small appropriations for the removal of those obstruc-
tons The obstacles interposed by President Monroe
after concedng the power to appropriate swept
away Congress virtually assumed jurisdiction of the
soil and waters of the States without their for
the purposes of internal improvement, and the eyes OF
eager millions turned from the State governments
TO Congress the fountain whose golden stre
deepen their harbors and rivers level their mountains
and fill their valleys with canals To what consequences
palIn ia
by the veto messages of President Jackson and to what
end is again tending, Is witnessed by the provisions of
this bill and bills of SIMILAR character.
In the proceedings and debates of the general
ton which formed the constitutions and OF the State
ventions which adopted II, nothing found to counte
the idea that the intended TO PROPOSE or the
others to concede such grant OF power to the general
government as the building up and maintaining of sys
TEN OF internal improvements within the States
rily implies Whatever the general government may
consti,aonay create, il may lawfully protect. iii may
make road upon the soil of the States, may Protect it
from destruction injury by penal laws SO OF canals
rivers and harbors II 1t may put dam in a river, it
may protect that dam from removal injury. in direct
opposition TO the laws, authorities, and people of the State
in which it is situated If it may deepen harbo it
may by its own laws protect It's agents and contractors
from being driven from their work. by the laws and
authorities of the State The power 10 make a road or
canal, or TO dig up the bottom OF harbo or river, implies
a right in the soil of the State, and jurisdiction over it,
for which it would be impossible TO find any warrant.
The States particularly jealous of concedng to
the general government any right jurisdiction over their
aton OF Congress to such places might be purchased
with the consent of the States in which the shall be-
for the erection Of forts, magazines dock yards and
other needful buildings That the United States should
be prohibited from purchasing lands within the States
without their consent, for the most essential pur
poses OF national Defence while left at liberty to pur-
chase seize them Tor roads, canals and other improve
mens of immeasurably less Importance is not to be con-
ceved.
proposition was made in the convention to provide
for the appointment of Secretary of Domestic Affairs"
and make his duty among other things, 'to attend TO
the opening OF roads and navigation and the facilitating
communications through the United States" 1t
fered committee, and that appears to have been the
last OF it. On subsequent occasion, proposition
made TO confer Congress the power TO provde for the
cutting OF canals when deemed necessary, which was
rejected by the strong majority of eight States to three
Among the reasons given for the rejection OF this propo
stion urged that "the expense in such cases will
fall on the Uuted States, and the benefits accrue to the
places where the canals may be cut"
During the consideration of this proposition, motion
was made to enlarge the proposed power for cutting
canals Into power 9 grant Ghar'sfs Of
quire, and the legislative provisions OF the individual
States may be incompetent and the assigned by
Mr. Madison for the proposed enlargement of the power
was that IT would 'secure easy communication be-
tween the States which the free intercourse now to be
opened seemed to call for The political obstacles being
removed removal OF the natural ones, far posi-
BILE, ought to follow"
The original proposition and all the amendments
rejected, after deliberate discussion, not the ground
as so much of that discussion has been preserved nd
caies) that direct grant necessary but because
deemed mexpedent TO grant it at all. When it is
considered that of the members of the convention
who afterwards participated in the organization and
administration OF the government advocated and prac
tsed upon very liberal construction of the constitution
gaspng at many high powers implied in its various
PROVISIONS of them, it believed, at that day,
claimed the power to make roads and canals, or i'm
prove rivers and harbors, or appropriate money Tor that
purpose Among our early statesmen OF the strict con-
srucon class, the opinion was UNIVERSAL when the sub
ec first boached that Congress did not possess the
power, although some of them thought it desirable.
President Jefferson, in his message to Congress in
1906, recommended amendment of the constitution,
with view to apply an anticipated surplus IN the treas
to the great purposes of the public education roads,
rivers canals and such other objects of public improve
ments may be thought proper to add to the consu
tona enumeration of the federal powers and he adds
OF the States, necessary because the objects
mended not among those enumerated in the consttu
ton, and to which it permits the public moneys to be APP
Piled" In 1925, he repeated, in his published letters, the
opinion that no such power has been conferred upon
Congress.
President Madison in message 10 the House of Rep
resentatlves OF the 3D. March, 1877, assigning his Obec
tons to bill entitled An act to set apart and pledge
certain funds for internal improvements" declares that
" the power to regulate commerce among the several
States cannot include power TO construct roads and
canals and to improve the navigation of cater courses,
in order to facilitate promote and such commerce,
without latitude Of construction departing from the
binary import of the terms, strengthened by the known
inconvenience which doubtless led to the grant OF this
remedial power to Congress"
President Monroe, in message to the House OF Rep
resenatives of the 9TH of May 1922 containing his OBJ
ectons to bill entitled An act for the preservation and
repair of the Cumberland road" declares:
"Comnerce between independent powers communi-
ties universally regulated by duties aud imposts. 1t
aI by he he