The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-29


them for roads, canals, and other Improvements OF nm
measurably less importance, is not to be conceived
"A proposition made IN the convention 10 provide
for the appointment of Secretary OF Domesue hnas,
and make il his duty anong other things 70 attend 10 me
opening of roads and navigation, and the Facilitating com
muncatons through The United States" IL was referred
committee and that appears have been the last of IT,
On subsequent occasion, proposlon was hue 70 conner
on Congress the power 10 or .he ed'n 2.
majority of eight States to three Among The reasons
gwen for rejection of this proposition 4 was urged that
The expense such will fall the United States
and the benefits the places where the canals may
be cut
"During the consideration of this proposition motion
Yves made enlarge the proposed power or cutting canals
power TO grant charters of incorporation, when the
interest of the United States might require and the egs
ave provisions of the individual States may be ncompe
tent and the assigned by Mr. Madison for the pro-
posed enlargement OF the power was that would secure
easy communication between the States, which the free
intercourse TO be opened seemed to call for The po
't'ca obstacles being removed, removal OF the natural
ones, as far as possible, ought to follow
"The original proposition and all the amendments were
rejected after deliberate discussion not the ground las
so much OF that discussion has been preserved ndcaes
that direct grant necessary, but because II was
deemed pedient grant ALI When is considered
that of the members of the convention who afterwards
participated IN the organization and administration OF the
government advocated and practised upon very liberal
construction of the constitutions graspng at many high pow
ers, as implied in It's various provisions, not one OF them II
believed that day claimed the to make roads
and canals improve rivers and harbors or appropriate
money for that purpose. Among early statesmen of
the strlct-constTucton class the opinion universal
when the subject first broached that Congress did
the power although some Of them thought de-
sirable.
President Jefferson, his message Congress 1906,
recommended amendment Of the constitution, with view
to apply anticipated surplus the treasury to the great
purposes of the public educaton roads, rivers canals and
such other objects of public improvements may be
thought proper to add to the constitutional enumeration of
the federal powers !; and he adds: suppose amend
ment to the constitution by Of the States necessary
because the objects recommended not among those
enumerated in the constitution and which permits the
his published letters the opinion that such has been
conferred upon Congress.
President Madison in message to the House of Rep
resenatves of the Sd March, 1917, assigning his objections
bill entitled AN apar, and pledge funds
for internal improvements declares that the power to reg
uate among the several States include
power roads and canals and Improve the napi
CATION eatercoes in order TO facilitate, promote, and
secure such commerce. without latitude of construction
departing from the ordinary import Of the terms, strength
ened by the known Inconvenience which doubtless led
the grant of this remedial power to Congress-
President Monroe, a message to the House of Rep
of the 4h of May, 1922 containing his obec
bill entitled An for the preservation and repair
of the Cumberland road declares
"'Commerce between independent powers commu-
regulated by the States before the adoption of this
constitution, equally in respect each other and foreign
the Gully subjects OF regulation II other.
nowor, then impose such duties and impos,s in re-
gard 10 nations and TO prevent any on the trade be-
tween the States, was the only power granted
'Ifwe to the causes which produced the adoption
|
the regulation OF trade by the States respectively and
the advantages anticipated from the transfer OF the power
Congress- among those which had the most weight
Instead of acting nation in regard fore ign powers,
the States individually, had commenced system Of
strant each other whereby the Interests OF foreign pow
promoted at their expense. II one State posed
high duties on the goods vessels of foreign power,
the regulations Of such power, the adion
ing States imposed lighter duties, invite those articles
into their ports that they be transferred thence into
contracted policy in some OF The States was counter
acted by others Restraints Immediately laid such
OF affairs dsorderly and unnatural the tendency
which to destroy the Union itself and with il all hope
of realizing those blessings which had anticpat
the glorious revolution which had been recently achieved
From this deporable dilemma rather certain ruin,
happily rescued by the adoption OF the constitution
Among the first and most i'm portant effects OF this great
revolution was the complete abolition Of this penicious
policy The brought together by the constitu.
uon as TO commerce. into ono community, equally in
gard 10 foreign nations and each other The regulations
that adopted regarded in both peo.
pie The duties and mposts that were laid on the
tbroughoui the United States and in the intercourse be-
the States themselves, duties Of any kind
imposed other than between different porls and
within the same State.
9TH. view supported by series OF measures all Of
tuition. As eary the year 7s Congress commended
1t the States in the United States power levy
countries into the United States for the OF fifteen
years In l7ss this mmendaon with alterations 10
the kind tdnes, and an extension Of this twenty
five years, was repeated, and more earnestly urged In
1884 IL was recommended to the States suhorza Con-
gress prohibit under certain notifications, the impora.
ton of goods from foreign powers into the United States for
heen Ia 1888 the consideration of he subject
resumed and proposition presented in form, with
an address TO the States explaining fully the principles
which grant Of the regulate trade deemed
udis0eusab.e In 1855 meeting took place Annapolis
Of delegates from several Of the states hs subject and
their report the convention formed al Philude pha
the ensuing year from all the States, 10 whose debera
tons we indebted for the present constitution.
" In OF these the subject Of internal
i improvement mentioned glanced at Those Of
ISL ., y, and u leading step by step the adoption
The constitution had IN view only the obtaining OF
70 enable Congress to regulate trade with foreign powers
u manifest mat the regulation Of trade with The several
adopted IN with the other IL the power
sary TO this ,ysem of Improvement included under
either branch Of this grant, should suppose that II
the first rather than the second The how
port OF the claim under the second has
assigned which appeafs 10 have the least weight
Such brief history OF the origin progress and con-
sequences Of system which for than thirty years
after the adoption Of the constitution unknown. The
greatest embarrassment upon the subject consists in the
departure which has taken place from the early
ton OF the constitution and the presidents which found
in the legislation Of Congress in later years. Pres dent
Jackson his of the Wabash river bill declares that
TO inherent embapssments have been added others from
the Of legislation concerning it, In his yetoes
on the Maysyile road bill the Rockville road bill the Wa.
bash river Till, and other bills Of like character he re-
versed the presidents which existed prior that time on
the subject Of internal improvements When expe
renee, observation and reelection have convinced us ha
legislative precedent Is either unwse Unconstitutional
IL should not be followed
No express grant Of this power found in the cons
tuition. It's advocates have differed among themselves as 10
the from which derived an incident In the
progress Of the discussions upon this subject power to
regulate commerce be chiefly relied upon
especially reference TO the Improvement Of harbors and
rivers.
In relation to the regulation Of commerce. the LAM