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

pose. Ii has incidental power, nor does II draw
after 1t any consequences Of that kind. All that Con-
gress could do under IL, IN the case OF internal am
provements. would be TO appropriate the money neces
safy to make them For any act requiring legsla-
tive sanction or support the State authority be
relied The condemnation OF the land If the pro-
prietors should refuse sell it, the establishment of
turnpikes and tolls, and the protection of the work
when finished, must be done by the State To these
purposes the powers of the general government are
believed to be utterly incompetent"
But il is impossible to conceive on what principle
the power Of appropratng public money when in the
treasury be construed to extend TO objects for
which the constitution does not authorize Congress to
levy taxes imposts to raise money. The power of
appropriation is but the consequence of the power to
raise money; and the true inquiry is, whether Con-
gress has the right to levy taxes for the object over
which power is claimed.
During the four succeeding years embraced by the
administration of President Adams, the power not
only to appropriate money but to apply it, under the
direction and authority of the general government. as
well to the construction of roads as to the Improve
ment of harbors and rivers fully asserted and
ercsed.
Among other acts assuming the power, was one
passed the ooh of May 1926, entitled San Act
for improving certain harbors and the navigation of
certain rivers and creeks, and for authorizing sur
veys to be made certain bays, sounds and
therein mentioned" By that act, large appropra-
tions were made, which were to be "applied, under
i
to numerous improvements in ten Of the States This
act passed thirty-seven years after the organization
of the present government contained the first appro
pratiOn ever made for the improvement of naviga-
Bile river unless be small appropriations for exam
nations and surveys in 1920 During the residue of
that administration, many other appropriations Of
similar character made, embracing roads, rivers
harbors and canals, and objects claiming the aid of
Congress multiplied 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
the way Of the assumption of this power by Congress
The general mind of Congress and the country did
not appreciate the distinction taken by President
Monroe between the right to appropriate money for
object, and the right to apply and expend 1t with
out the embarrassment and delay of applications TO
i the State governments Probably no instance &C.
Cured in which such application made; and
the ood-gates being thus hoised, the principle laid
down by him was dlsregarded, and applications for
aid from the treasury virtually to make harbors as
well to improve them, clear out rivers, cut canals
and construct roads, poured into Congress in torrents
until arrested by the veto of President Jackson His
veto of the Maysville road bill followed up by his
refusal 10 sign the "act making appropriations for
building lighthouses, lightboats, beacons and monu-
mens, placing buoys, improving harbors, and direct
ing surveys - ian act authorizing subscription fol
stock in the Louisville and Portland Canal Compa
ny - an act for the improvement of certain harbors
'an act to improve the navigation ct the Wabash RI
yer," In his objections to the last named, he says:
I ''The desire to embark the federal government in
works OF internal improvement prevailed IN the high
est degree during the first session of the first Con
gress that had the honor 10 meet in my present stu
alton. When the bill authorizing subscription OF
the part of the United States for stock in the Mays
]. vile and Lexington Turnpike Company passed thu
houses, there had been reported by the COMMITTEES
on internal Improvements, bills containing appropria
tOns for such objects, exclusive OF those for the Cum
berand road, ard for harbors and lighthouses to tn
amount of about one hundred and six millions OF dol
lars In this amount was included authority to tn
Secretary of the Treasury subscribe for the stock
. different companies to great extent, and the resdu
It principally for the direct construction of roads b.
It the government In addition to these projects, wlc
have been presented to the houses under the
: ton and recommendation of their respective commit
It tees on internal improvements there were then still
s pending before the committees, and in memorials
Congress, presented, but not referred, different pro
e jecs for works Of similar character, the expense
It which cannot be estimated with certainty, but mus
Re have exceeded one hundred millions OF dollars"
Thus, within the brief period of less than ten year
after the commencement Of internal improvements b.
i the general government the asked for from tn
L treasury for various projects amounted to more tina
two hundred millions of dollars. President Jackson
l. powerful and dsnerested appeals to his country az
u pear to have put down forever the assumption OF pow
the prevalent disposition bring all rivers in any de
e gree navigabe within the control Of the general GOV
l. eminent. But an immense field for expending tn
e public money and increasing the power and patron
age of this government left open 10 the conce:
N sion of limited power of Congress TO mprov
Is harbors and rivers-a field which millions will nc
fertlze to the satisfaction of those local and spect
ang interests by which these projects are In genera
er gotten up There cannot be Just and equal dlstr
lie button of public burdens and benefits under such
system nor can the States be relieved from the daI
ger of fatal chment the United States ro
the equal danger of consolidation, otherwise than
of the system, and return to the doctrine
and practices which prevailed during the first thirt
le years of the government.
How forciby does the history of this subject ius
trate the tendency of power TO concentration IN I'll
t hands of the general government. The power to in
OF prove their own harbors aud clearly re
served to the States who were 10 be aided by tonnag
Or duties levied and collected by themselves with ii
g. consent of Congress- For thrty-four years lnprov
IN menis were carried under that system and
careful Congress not to interfere, under any III
piled power, with the soil jurisdiction OF the State
ne that they did not even assume the power to ere
lighthouses build piers without first purchasin
IN the ground, with the consent of the States, and o
p tanning jurisdiction over it. At length, after Il
lapse of thirtyseven years. act is passed provldn
ne for the examination Of certain distractions at Il
mt mouth of one or harbors almost unknown. 1t
followed by acts making small appropriations for Il
10 removal of those distractions. The obstacles Int
posed by President Monroe after conceding the pow
ne To appropriate, were soon swept away. Congre:
virtually assumed jurisdiction of Che soil and wate
of the States without their CONSENT for the purpos
L of internal improvement, and the eyes of the Gag
of millions were Turned from the State governments