Eastern times. [volume] (Bath, Me.) 1846-1857, 1851-03-27
Internal Improvements.


was inserted in the bill some meagre appropria-
tons for the benefit of our State, is referred to
as conclusive evidence that the bill should have
received the support of the Maine delegation in
Congress- and because it was opposed by the
entire democratic delegation it is argued that
they were recreant to the true interests of the
State. Let us see how that is.
The constitutional power of congress over
public improvements has been discussed by able
writers from an early period in our government.
Differences of opinion in relation to this power
have resulted in the adoption of different pub
lie policies. The democratic party, from being
strict constructionists of the constitution, have
ever contended for the restriction of this power
to the letter of the constitution. Jefferson,
Madison, Munroe and Jackson each held that if
it would be polite for the general government
to make improvements, it would be first nee
essiIy. to procure an amendment Of the consti-
tuition granting such power to it.
That the powers of congress arc derived FROM
subject to, and consequently limited by the
constitution, is apparent from the language used
in the first Section of Article l, to wit All
legislative powers herein granted &C." Is there,
then, any authority in the constitution upon
which to base the power claimed for congress: :
Nothing. We believe, except the construction
which is applied to the language made use of in
Section of Article l, " to provide for the gen.
eral ,celfare.' This is rather broad language
and susceptible of broad construction, but it
iEa1 he dino ma do hy hn
very first congress which assembled under the
constitution-to the effect that "the powers not
delegated to the United States by the constitu-
ton. nor prohibited by it to the States, are re-
served to the States respectively, or to the peo
Pile Thus, all expressions in the constitution
which seem to confer unlimited power. like
providing for the general welfare" become I'M
meaning, except as the general welfare" can
be promoted by the powers that are expressly
delegated.
The extent, then to which public improve
ments can be constitutionally prosecuted by
congress, is limited by the general power" to
make all laws which shall be necessary and
proper for carrying into execution all powers
vested by the constitution in the government of
the L. States, or in any department or office
thereof" Thus, the war power may render it
necessary and proper that ships of war which
are in Lake Erie shall be locked down into Lake
Ontario-and the public Improvements and
works may be required for the proper execution
of this power. So too, the power to provide
and maintain a navy" to collect duties
and imposts," may render necessary and prop
er the erection of docks and lighthouses
the construction of harbors and piers-the i'm
provement of channels and rivers, and the plac-
ing of buoys and beacons. So far this goes,
no diversity of sentiment can be entertained
The danger is, that necessity and propriety
may be too easily strained, TO justify an unwar-
rantable exercise of extension of this power.
The extension of any granted power could
not fail to result in an enlargement of the con-
stitution, and this should be guarded against,
as the slightest innovation might open wide
door that would suffer - many an error, by such
proceedings, to rush into the State" Thus the
advocates of public improvements. argue that
the granted power which congress has I" to reg
ulate commerce with foreign nations and among
the several States" authorizes the improve
ment of rivers lakes and inland harbors But
the argument falls to the ground when we ap-
ply strict construction to the term "reonlate."
and it would be most manifest departure from
the common meaning of language to thus rem
der it, and thereby enlarge the granted power
by deeming it synonymous with power to in
crease, create aud facilitate commerce among the
several States. The "power to regulate must
be strictly construed, so that the public improve
ments, if any, which alone can be founded
thereon, must be such as shall be necessary 20
execute the regulations.
The power of the general government to reg
ulate commerce among the several States is
practically and usefully exercised in imposing
checks upon the States, and preventing them
from adopting any arbitrary navigation laws by
which they might monopolize the carrying
within their own limits, or prohibit the entry
into their ports of any productions of sister
States, except in their own vessels-because
each State, being sovereign in itself, might 9TH
erwise have done all this. upon the same prin-
ciple that 1t restricts to its own citizens its state
offices and other privileges. The State of New
York once attempted to do something of this
nature by giving to Robert Fulton and others
monopoly in steam navigation of the Hudson
river, and the interference of the general ro,.
eminent was found necessary to regulate
the matter and preserve the rights OF the gov
eminent and of the sister states.
But there is more general mode of reason
ing resorted to by The advocates Of this public
Improvement doctrine, which is entitled to some
attention. 1t is, in substance, that inasmucb
as human governments instituted for the
benefit and welfare of the community po,cer
TO accomplish its aims is implied and inseparably
attached to government. This may all be ad-
mltted,-but an admission to this effect would
not be an acknowledgment that these powers
ana duties belong to the general gorernment.-
Upon the State government. and upon them
alone, devolve this duty The federal govern
ment was not instituted to srpercede the state
governments-but for certain general purposes.
such as the common defence &c.
Aside from the constitutional objections IN
the exercise of this power by congress, the pol
icy is very doubtful.
According to the system of legislation adop-
ted to carry this last bill. it is only necessary to
interest sufficient number of localities to carry
any measures requiring large appropriations
from the treasury-a very adroit species of log
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