Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-12-21

/ in nv present siuaIloO. Wntu tuC o'i oo
! ling sub:c. ipiion on the part OF the U. states
| Cor s,ocl, in The Maysviile and Lexington Turn.
nike Company passed The TWO Houses, there nad
! been reported by the Commillees on Internal I'M
provemeDts bills containing appropriations LOT
/ such objects. exclusive OF those Tor The Gunner
land Road. and Tor harbors and Lighthouses 10 the
amnnn, Of about one hundred and six millions oil
dollars. In This amount was included aulhorlly
10 the Secretary OF The Treasury TO subscribe Tor
the stock OF different companies TO great ex'
tent, and the residue was principally Tor Inc di-
rec, construction OF roads BY This Government
In addition 10 these projects, which have been
nTescnred 10 the two Houses under The sanction
and recommendation oftheir respective Commit
tees on thermal Improvements, there were tnen
still pending before The committees, and IN me-
MORALS to Congress, presented but not referred,
different projects for works oil similar charac,
ter. the expense OF viii cannot be estimated
with certaiLlv but must have exceeded one nun
Dice, millions OF dollars"
Thus. within the brief period OF less than len
wears after The commencement OF internal I'M
nfovemenis by he General Government, The sum
asked for rom the Treasury for various projects
amounted 10 more than two hundred millions Of
| dollars. President Jachson's powerful and disin-
ieresied appeals 10 his country, appear 10 nave put
down forever the assumption OF power TO make
roads and cut canals, and 10 have checked the
prevalent disposition 10 bring all rivers in any De.
gree nayicable within the control OF The General
| GOVERNMENT But an immense field for expcDd-
ing lie public money and increasing The power
and pa ronage oil this Government was lett open
in the concession Of even limited power Of Con-
| gress TO improve haIbors and rivers-a field which
| millions will not feIilize 10 the satisfaction OF
those local and specializing interests by which
these projects are in general gotten up. There
| cannot br just and equal distribution OF public
burdens and benefits under such system, nor can
the States be relieved from the danger Of taa en-.
cfoachment, nor The United STATES from the equal
danger Of consolidation, Otherwise than by an ar.
rest Of the system and return 10 The doctrines
and practices which prevailed during The first
thirty years OF the Government
How forcibiy does The history of this subject
illustrate the tendency OF powe. 10 concentration
in The hands of the General Government. The
power 10 improve their own harbors and rivers
was clearly reserved TO The States, who were 10
be aided by tonnage duties levied and collected by
| themselves, with the consent OF Congress. For
lhirly-iour years improvements were carried on
under that system, and SO careful was Congress
not TO inleltcIe under any implied power, with
the soil or jurisdiction OF the States, that they did
not even assume Inc power TO cree; lighthouses
or BALD piers without frs; purchasing The ground,
risdclon over it. AT length, after The lapse Of
nirty-lhIec years an act is passed providing for
the examination Of certain distractions al The
mouth of one or two harbors almost unknown
| l. is followed by acts making small appropra-
| liens for The removal oil those distractions The
obstacles inlerposcd by President Monroe, after
conceding The power TO appropriate, were soon
swept away. Congress virtually assumed juris-
dciion Of the soil and waters OF the States, with
ou their consent, for the purposes of internal i'm
| prOvement, and the eyes Of eager millions were
turned from The State Governments 10 Congress
as the fountain whose golden streams were 10
deepen their harbors and rivers, level their noun
,ains, and fill their valleys with canals. To what
consequences this assumption OF power was ra-
pidy leading is shown by the veto messages OF
| President jackson: and 10 what end it is again
! tending is witnessed by The provisions OF this bill
| and bills Of similar character.
In The proceedings and debates OF the General
| Convention which formed the Constitution, and
of The State Conventions which adopted il, no.
| thing is found TO counienance the idea that The
one intended 10 propose, or the others TO concede,
such grant OF power 10 the General Govern
ment as the building up and maintaining OF a
system of internal improvements within the States
necessarily implies. Whatever The General Go
vernment may consliulionally create, it may
lawfully project. lit may make road upon
the soil OF The Sia'es, it may pFoecl il from de-
sirucion or injury by penal laws. So ot canals,
| rivers and harbofs lit may pu; dam in a IL
yer, i, may protect thai dam from remo"a or in.
Jury in direct opposition 10 the laws, authorizes
and people of the Stale in which il is situated. II
| il may deeren 4 haibur, il may BY lis own laws
project its agents and contractors from being dri-
ven from their work. even By The laws and aut6o.
| rites Ct The STATE. The power 10 make road or
canal or to dig up the bottom Of harbor or ri
yer, implies righ, in the soil 0. the State, and a
jurisdiction over il, for which il would be impos-
sibe 10 find any warrant.
The States were particularly jealous OF conce.
| ding 10 The General Government any right OF lu-
rsulclIuu oven tirr SUI, auu IN tue constitution
| restricted the exclusive legislation OF Congress 10
such places as might be purchased with the con.
sent OF the States in which the same shall be for
the erection OF iorts, magazines dock-yards, and
other needn't buildings" That The United States
should bc prohibited from purchasing lands with.
10 The States without their consent, even for the
| mo> essential purposes o! national defence, while
lett al liberty tn purchase seize them Tor roads,
canals, and Other improvements Of immeasurably
less importance, is no, 10 be conceived.
A proposition was made in the Convention 10
provide for the appointment Of a Secretary OF
| Domestic AFFAIRS" and make it his duty among
other things ito attend 10 The opening OF roads
and navigation, and The facilitating commnnca.
lions through the United States" Ii was referred
to a committee, and that appears 10 have beer the
| last OF ii. On subsequent occasion PROPOSE
ton was made 10 confer On Congress the power
10 provide for iit cutting OF canals when deemed
ne cssary, which vas rejected by The strong ma
jorily OF eight States 10 three. Among The rea.
sons gwen Tor The rejection 0i this proposition, il
was urged that 'hr expense IN such cases will
fall on he United States, aud Tie benefits accrue
10 The places where the canals may be cut"
During the consideration of this proposition a
motion was made to enlarge the proposed power
"ior cutting canals" into power ''to grant char
tcrs OF incorporation, when the interest OF The
United States might require, and the legislative
provisions OF line Individual Sta'es may be in
Competent;" ana The reason assig ned BY Mr.. Mad
ison for The prop sed enlargement OF The power
was, that il would secure an easy communica
ton between the States which The free intercourse
now to be opened seemed TO call Tor. The polil
cal obstacles being removed, removal of the ma
lural ones, as far as possible, ought 10 follow"
the original proposition and all the amend
ments were rejected, after deliberate discussion
not on the ground, az 50 much Of that discussion
as has been preserved indicates that no direc
grant was necessary, but because il was deemed
incxpedienI 10 grant ii at all. When il is
considered that some of the members OF the
Convention, who afterwards participated ir
the organization and administration OF the
Government, advocated and practised upor
a very liberal construction OF the Constitution
graspng al many high powers as implied in it:
various provisions, not one OF them, ii is believed
al that day claimed The power 10 make roads anc
canals, or improve rivers and harbors, or appro
pirate money Tor that purpose. Among our early
statesmen oil The strict construction class the OPT
nion was universal, when the subject was frs'
preached, that Congress did not possess the pow
cr, although some OF them thought il desirable.
President Jefferson, in his message 10 Consres.
in 1906 recommended an Amendment OF the Con
stuion with view 10 apply an anticipated sur
plus in the Treasnry 'to The great purposes OF the
public education, reads, rivers canals, and such
other objects OF public Improvements as it may be
thought proper TO add lolhe constitutional enume
ration of the Federal powers" and he adds: 81
suppose an amendment 10 the Constitution, BY
consent of the States, necessary, because the OBJ
iecIs now recnmmendei are moi among those emu