Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1848-01-06


That the United States shoudbe prohibited from pur
chasing lands within the States, without their con-
SENT for the most essential purposes OF national
defence. while left at liberty 10 purchase or seize them
for roads, canals and other improvements OF Immea-
suraby less Importance, il is not 10 be conceived.
proposition was made In the convention to pro-
vide for the appointment of .'Sccretary of Domestic
Affairs" and make it his duty among other things,
''to attend to the opening Of roads and navigation,
and the facilitating communications through the u
States" Ii was referred to committee, and that
appears to have been the last of it. On a subsequent
occasion, a proposition made to confer Con-
gress the power to "provde far the cutting of canals
when deemed necessary" which was rejected by the
strong majority of eight States TO three Among the
given for the rejection of this proposition it
urged that ''the expense In such cases will fall
the United States, and the benefits accrue 10 the
places where the canals may be cut
During the consideration of this proposition, mo-
ton was made to enlarge the proposed power "for
cutting canals" into power "to grant charters OF IN
corporation when the interest OF the United States
might require, and the legislative provisions OF the
| individual States may be incompetent" and the rea-
son assigned by Mr.. Madison for the proposed en-
largement of the power was that it would secure an
easy communication between the States, which the
free intercourse TO be opened seemed 10 call for.
The political obstacles being removed a removal Of
the natural ones, as far as possible ought to follow.
The original proposition aud all the amendments
were rejected after deliberate discussions not the
| ground Gas So much of that discussion as has been
preserved ndlcates) that direct grant necessa
~, but because il deemed inexpedient grant
at ALL When is considered that some of the MEN,
bers of the convention, who afterwards participated
In the organization and administration of the govern
pent, advocated and practised upon very liberal
construction OF the constitution, grasplng at many
high powers as implied in its various provisions, not
OF them, 1t is believed, at that day, claimed the
power to make roads and canals, or improve rivers
ha
Among our early statesmen of the strict construction
class the opinion was universal, when the subject
rst broached that congress did not possess the pow
er although some of them thought is desirable.
President Jefferson, in his message to Congress in
1916, recommended amendment to the constitu-
ton, with view to apply anticipated surplus in
the treasury, ito the great purposes of the public edu-
caton roads, rivers canals and such other objects of
public improvements it may be thought proper 10
add to the constitutional enumeration Of The federal
powers" and he adds 81 suppose amendment TO
the constitutions by consent of the States necessary
because the objects now recommended are not among
those enumerated in the constitution, and TO which il
permits the public moneys to be applied" In 1925
he repeated in his published letters, the opinion thai
no such power has been conferred upon Congress.
President Madison, in message to the House Of
Representatives of the 81 March, 1871 assigning his
objections to bill entitled sAn act to set apart and
pledge certain funds for internal improvements" de-
clares that the power to regulate commerce among
: the several States cannot include power to con-
struct roads and canals, and TO Improve the ndriga
tion Of tcatercourses in order to facilitate, promote
and secure such commerce, without latitude of con
= struction departing from the ordinary import of the
+ terms, strengthened by the known Inconvenience
which doubtless led to the grant Of this remedial pow
= er to Congress-" -
e President Monroe, in a message to the House O
e Representatives of the 4th of May, 1922. containing
his objections to bill entitled San for the pre-
servation and repair of the Cumberland Road" de
e cares:
l. Commerce between independent powers or com
e munities is universally regulated by duties and i'm
posts. Ii was regulated by the States before tn
adoption Of this constitution, equally in respect
y each other and to foreign powers. The goods an
h vessels employed in the trade the only subjects
= regulation. 1t can act On none other. power
T. then, to impose such duties and imposs in regard
II foreign nations, and to prevent any the trade be
to tween the States, the only power granted.
D. ''lf recur to the causes which produced tn
Of adoption of the constitution shall find that inu
ries resulting from the regulation of trade by tn
States, respectively, and the advantages anticipate
rs from the transfer Of the power 10 Congress, wer
" among those which had the most weight. Instead c
,e acting nation in sregard to foreign powers tn
N States, Individually, had commenced system of re
straint each other, whereby the interests of fol-
D. eign powers promoted at their expense. If on
VI State imposed high duties the goods and vessel
a of foreign power 10 counervail the regulations
duties, to invite those articles into their ports tina
they might be transferred thence the other States
n securing the duties to themselves. This
policy in some of the States counteracted
We others. Restraints were Immediately laid sue
OF commerce by the suffering Saes and thus had grow
D. up state of affairs disorderly and unnatural the
al dency Of which TO destroy the Union itself, an
j. with it all hope of realizing those blessings which
had anticipated from the glorious revolution whic
D. had been recently achieved. From this deporab
m dilemma, or rather certain ruin, were happily re:
~ cued by the adoption of the reconstruction.
es "Among the first and most important effects of th
ty great revolution, was the complete abolition of TIL
pernicious policy. The States brought togethe
s. by the constitution, commerce, into COMMIT
be nty equally in regard TO foreign nations and
n other. The regulations that were adopted regarde
E. in both respects one people. The duties an
re imports that laid the vessels and merchaI
he die of foreign nations, all uniform throughol
The United States; and In the intercourse between tn
so States themselves, duties of any kind in
posed other than between different ports and countit
s, within the same State.
ct "Ths view is supported by series of measure
lg all Of marked character. preceding the adoption
b. the constitution. As early the year 1881, Coz
he gress recommended it to the States vest in the I'm
lg ted States power to levy duty of five per cent
he all goods imported from foreign countries into Il
is United States for the term of fifteen years. In lie
he this recommendation with alterations the kir
ofduties, and extension of this term TO tweny-i,
er years, repeated, and more earnestly urged.
SIS 1854 it recommended to the States to auhoriz
Congress to prohibit under certain notifications, Il
es Importation of goods from foreign powers into Il
er United States for fifteen years In 1855 the consid
to ration of the subject was resumed and propOstiO