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

and other bills of like character he reversed the pre-
cedens which existed prior 10 that time on the sub
jecf of internal Improvements. When expert
ence, observation, aud reflection have convinced
that legislative precedent is either unwise OF un-
constitutional, it should not be followed
No express grant of this power is found the con-
stitution. Its advocates have differed among them
selves the from which it is derived as an
incident In the progress of the discussions upon this
subject, the power 20 regulate commerce seems now
be chiefly relied upon, especially in reference to the
improvement of harbOrs and rivers.
In relation to the regulation Of commerce. the Ian
guage of the grant in the constitution Is Congress
shall have power to regulate commerce with foreign
nations and among the several States and with the
Indian tribes That "to regulate commerce. does
not mean to make road, or dig canal, or clear out
river, deepen harbOr, would to be obvious
to the common understanding, To CIRCULATE" ad-
mits airms the pre-existence of the thing to be
regulated In this case it presupposes the existence
of commerce, and of course, the by which, and
the channels through which, commerce is carried on.
Ii confers no creative power 1t only control
over that which may have been brought into exist
ence through other agencies-such as State egisla-
ton, aud the industry and enterprise of individuals
If the definition of the word REGULATE" is to in
clude the provision of means TO carry commerce.
then have Congress not only the power deepen har-
bors, clear out rivers, dig canals, and make roads,
but also to build ships railroad cars, and other yeh-
ces, all of which are necessary TO commerce. There
is middle ground 1.-THE power to regulate can be
legtmatey construed into power create or facli-
iaie then not only the bays and harbDrs, but the
roads and canals, and all the means of transporting
merchandise among the several States are put at the
disposition of Congress This power to regulate COM
merce construed and exercised Immediately after
the adoption of the constitution, and has been exer-
cised the present day. by prescribing general rules
by which commerce should be conducted. With for
eign nations it has been by treaties defining
the rights of citizens and subjects, well as by acts
of Congress imposing duties and restrictions embra-
cling vessels, seamen, cargoes, and passengers. Ii
has been regulated among the States by acts of Con-
gress relating to the coastng trade and the vessels
employed therein and for the better security of pas
sengers in vessels propelled by steam, and by the
moval Ct all restrictions upon the internal trade Ii
has been regulated with the Indian tribes by our In
tercourse laws, prescribing the in which it
: shall be carried on.
Thus each branch of this grant of power was ex-
ercised after the adoption of the constitution and
has continued TO be exercised to the present day. fla
more extended construction be adopted, 1t is imposs-
BILE for the human mind TO fix limit 10 the exer-
else of the power other than the will and discretion
of Congress 1t sweeps into the vortex of national
power and jurisdiction not only harbors aud inlets,
rivers and little streams, but canals, turnpikes, and
. railroads-every species of improvement which can
facilitate create trade and intercourse with foreign
nations among the several States, and with the Indi-
an tribes.
=
our widelyextended country which fanno be effect
ed by means of tonnage duties, levied by the States,
with the concurrence of Congress, 1t is safer and
wiser to apply TO the States, in the mode prescribed
the constitution, for amendment Of that nstru-
men whereby the powers of the general government
may be enlarged, with such limitations and restrict
ions experience has shown to be proper than
sumo and exercise power which has not been grant
FED, which may be regarded doubtful in the opin-
ion of q large portion Of our constituents. This
has been recommended successfully by Presi-
: dents Jefferson Madison, Monroe, and Jackson and
fully concur with them in opinion If an enlargement
of power should be deemed proper it will unqueston
ably be granted by the States if otherwise it will be
&c witheld and in either case their decision should be
. final In the meantime, deem it proper to add thai
y the investigation of this subject has impressed me
y more strongly than ever, with the solemn conviction
that the usefulness and permanency of this govern
ment, and the happiness of the millions over whom
spreads its protection, will be best promoted by
fully abstaining from the exercise of all powers
&c clearly granted by the constitution.
l. JAMES K. POLK.
e WASHINGTON, December ID, 1S47.