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

more and continuing in force until the LIST day of june
1850 transmit herewith copies OF such of the acts OF
the legislatures of the States the subject and also the
acts OF Congress giving its Consent thereto as have
been collated.
That the power was constituonally and rghtfuy
exercised in these cases does not admit of doubt
The injustice and inequality resulting from conceding
the power TO both governments is illustrated by several
of the acts enumerated Take that for the improvement
OF the harbor of Baltimore. That Improvement is paid
Tor exclusively by tax the commerce OF that city
but if appropriation be made from the national treas
ury for the Improvement of the harbor of Boston, II must
be paid in part out of taxes levied on the commerce
OF Baltimore. The result is that the of Balt
more pays the full cost OF the habor Improvement de-
signed for its own benefit and, in additions contributes
TO the cost of all other arbor and river Improvements in
the Union. The facts need but be stated to prove the
inequality and injustice which cannot but flow from the
practice embodied in this bill Either the subject should
be left during the first third OF century, the
practice OF evyng tonnage duties by the States should
be abandoned altogether, and all harbor and river i'm
provemens made under the authority OF the United States,
and by of direct appropriations In view not only
of the constitutional difficulty but question OF policy,
am clearly of opinion that the whole subject should be
eftto the States, aided by such tonnage duties
sells navigating their waters their respective legisa
ares may think proper to propose and Congress ut TO
sanction This "consent" of Congress would never be
refused in any where the duty proposed to be levied
by the State was reasonable and where the object Of
Improvement was one of Importance. The funds re-
qured for the Improvement OF haboIs and rivers may be
raised in this mode done the earlier periods OF
the government and thus avoid resort to strained con
structon of the constitution, not warranted by its letter
If direct appropriations be made OF the money the fed
unequal and unjust The money in The federal treasury
is paddy the whole people of the United States;
and if applied TO the purposes OF improving harbors and
rivers il will be partially distributed, and be expended
for the advantage of particular States sections, ocali
ties, at the expense OF others.
BY returning the early and approved construction of
the constitution and to the practice under it, this inequal
y and injustice will be avoided and, at the same time,
all the really important improvements be made, and as
experience has Proved be better made and at less
fhayx he by Of nf The
United States The interests benefited by these improve
ments too would bear the cosof making Them upon the
same principle that the expenses Of the Post ONCE es
derive benefits from It, The power OF appropriang money
from the treasury for such improvements not claim
ed exercised Tor than thirty years after the organ
zaon of the government In l7S9, when more latitude
construction Indicated though was not broadly
asserted and exercised until 1928 Small appropriations
wsre first made 1920 and 1921 for surveys. An act
made the Sd OF March, 1928, authorizing the Pres
ident to " examination and survey TO be made
of the distractions between the habor OF Gloucester
and the harboT OF Squam in the State OF Massachusetts,
and of " the entrance of the harbor of the port of
Pesquise, in Pennsylvania with view to their
val and small appropriation was made TO pay the necessa-
y expenses This appears to have been the
Of harbor improvements by Congress- thirty years
after the government went into operation under the pres
en constitution. On the Both April, 1924, act was
passed making an appropriation OF thirty thousand dollars
and directing surveys and estimates be made of the
routes of such roads and canals" the President may
deem OF national Importance In commercial or military
point of view necessary for the transportation OF the
mails" This act evidently looked to the adoption of
general system of internal improvements, 10 embrace
roads and canals well harbos and rivers. On the
26h OF May 1921 an act was passed making apprOpra
tons for deepening the channel leading into the harbor
of Presquse, in the State OF Pennsylvania" and to
epair Plymouth beach, in the State of Massachusetts,
and thereby prevent the habor at that place from being
destroyed"
President Monroe yielded his approval to these meas
ures, though he entertained and had message TO the
House of Representatives on the 18th OF May, 1922,
pressed the opinion that the constitution had not
erred upon Congress the power to "adopt and
system of internal improvements" He placed his APP
prevail upon the ground that Congress possessed the
power to adop and execute such system by virtue OF
any all OF the enumerated grants of power in the
stiution but upon the assumption that the power to
make appropriations of the public money limited
and restrained only by the discretion OF Congress. In
coming to this conclusion, he avowed that sin the more
early stage of the government" he had entertained
different opinion. He avowed that his first opinion had
BEEN that 'as the national government is government
of limited powers, it has right to expend money ex-
cept in the performance of acts authorized by the other
specific grants, according to strict construction OF their
powers;' and that the power to make appropriations
gave TO Congress no discretionary authority to apply the
public money to any other purposes objects except to
''carry into effect the powers contained in the other
grants These sound views which Mr. Monroe enter
tanned Sin the early stage of the government" he gave
up in 1922, and declared that
"The right of appropriation is nothing more than a right
70 apply the public money TO this or that purpose has
quenccs of that kind All that Congress could do under it.
in the of internal improvements would be appro
requiring legislative sanction or support the State authority
be relied The condemnation of the land if the
proprieors should refuse to sell IT, the establishment
pixies and tolls and the projection of the work when finish
ed, be done by the State. To these purposes the
powers of the general government believed be utterly
Incompetent"
But it is impossible to conceive on what principle the
power OF appropatng public money when the treas
ry be construed to extend objects for which the
constitution does authorize Congress TO levy taxes or
imposts to raise money The power of appropriation is
but the consequence of the power to raise money! and
the true inquiry is whether Congress has the right to
levy taxes for the object which power is claimed
Daring the four succeeding years embraced BY the adj
mnistration of President Adams the power not only to
appropriate money, but TO apply it, under the direction
and authority OF the general government, well to the
construction OF roads to the Improvement of harbos
and rivers was fully asserted and exercised.
Among other acts assuming the power, one passed
the twentieth OF May 1926 entitled san act for i'm
proving certain harbors and the navigation of certain rv
certain bays, sounds, and rivers therein mentioned By
that act, large appropriations made, which to
be appled under the direction of the President of the
United States, to Improvements in ten of the
States This act, passed thirty years after the
ganiZaton OF the present government contained the first
appropriation made for the Improvement of navga
bic river, unless it be small appropriations for exanna
tons and surveys in 1920 During the residue OF that
administration, many other appropriations of similar
character were made, embracing roads, rivers, harbors
and canals, and objects claiming the aid of Congress- null
tipied without number.
This was the first breach effected in the barrier which
the universal opinion of the trainers of the constitution
had for than thirty years thrown in the way of the
assumption of this power by Congress. The general
mind of Congress and the country did appreciate the
distinction taken by President Monroe between the right
to appropriate money Tor object and the right apply