Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1855-01-04

I pFObA-
bly, been not less than nine hundred millions OF
dollars. The number OF persons employed in
| experimenting, managing, and keeping up these
canals and railroads. may be stated one hun red
and twenty. six thousand, or Whereabouts; TO which
are 10 be added seventy thousand or eighty thou
sand employed on the railroads in construction,
making total of al least two hundred thousand
persons, representing in families nearly million
Of souls, employed on or maintained by this one
class Of public works in the United States.
In Wow OF all ihis IL is not easy TO estimate the
disastrous consequences, which must have re-
suited from such extended local improyem nj )
being undertaken by the general governmeat.
State Legislation upon this subject would have
been suspended and private enterprise paralized,
while applications for appropriations would have
perverted the legislation Of Congress, exhausted
the national treasury, and left the people bur-
dened with heavy public debt, beyond the capa-
/ city OF generations 10 discharge.
Is it conceivable that the trainers Of the Consti.
tuition intended that authority, drawing after il
such immense consequences, should be Inferred
| by implication as an incident of enumerated
| powers! | cannot think this; and the imposs-
bility of supposing il would be still more glaring,
II similar calculations were carried out in regard
to the numerous objects Of material, moral and poll
tica usefulness, of which the idea Of internal inn
provement admits Il may be safely Inferred, that
II the trainers Of the Constitution had intended 10
| confer the power 10 make appropriations for the
objects indicated, ii would have been enume rated
1 ~.
| When, therefore, any one Of the powers actually
enumerated, is adduced referred TO- as the
grouEd OF an assumption 10 warrant the incidental
or implied power of "internal improvement that
hypothesis must be rejected, or at least can be no
further admitted than the particular act Of in
isrnal improvement may happen TO be necessary
| 10 the exercise Of the granted power. Thus,
when the object Of given road, the clearing Of
particular channel, or the construction Of par
ticular harbor OF refuge, is manestly required by
fha nytn IF
the country, then it seems TO me undeniable, that
| II may be constituticnaly comprehended in the
| powers 10 declare war, TO provide and maintain u
| navy and 10 raise and support armies. AT the
| same time, il would be misuse Of these powers
and violation Of the Constitution, to undertake
to build upon them great system Of internal i'm
provements. And similar reasonings applies 10
| the assumption OF any such power involved in
that TO establish post-roads and 10 regulate CON-
merce. II the particular improvement, whether
/ by land or sea- be necessary 10 the execution Of
the enumerated powers then, but NOT otherwise,
| il falls within the jurisdiction of Congress. To
| this extent only can the power be claimed as the
incident OF any express grant 10 the federal gov
eminent.
But there is one clause of the Constitution. in
which it has been suggested, that express au-
/ thority TO construct works Of internal improve.
ment has been conferred on Congress, namely .
| that which empowers il ITO exercise exclusive
legislation, in all cases whatsoever over such dis.
~ ",
cesson of particular States and the acceptance
| of Congress, become the seat Of the government
of the United States and 10 exercise like authority
| over all places, purchased by the consent Of the
| legislature of the State i'll which the same shall
be, for the erection Of forts magazines, arsenals
~dock-yards, and other needful buildings" But
any such supposition will be seen TO be ground
! less, when this provision is carefully examined
| and compared with other parts Of the Constitu
| ton.
\ II IL nd JIy {
fers back 10 exclusive Legislation in all cases
whatever" as applied TO the District Of Co.um.
| bia; and there Is, in the District no division Of
powers as between the general and the State
governments.
In those places, which the United States has
purchased, retains within any of the ates-
sites for dock-yards or forts for example-Ieea al
process Of the given STATE is still permitted 10 run
for some purposes and therefore, the jurisdiction
OF the United States is not absolutely perfect
| But let US assume, for arguments sake, that the
jurisdiction ofthe United States in tract f land
ceded 10 il for the purpose of dock-yard or fort,
by Virginia or Maryland is as complete as in that
ceded by them for the seat OF government, and
then proceed 10 analyze this clause of the Con.
| stitution.
1t provides that Congress shall have certain
legislative authority over all places purchased by
the United States for certain purposes. Ii implies
that Congress has otherwise the power 10 pur.
chase But where does Congress get the power
|
other clause of the Constitution for il is not con-
terred by this one. Now, as il is fundamental
principle, that the Constitution is one of limited
powers, the authority 10 purchase must be con-
ierred IN one OF the enumerations of Legislative
power. So that, the power TO purchase is itself
not an unlimited one, but is limited by the objects
in regard 10 which legislative authority is directly
conferred.
i The other expressions of the clause in question
confirm this conclusion; since the jurisdiction is
itriv,. tn MIA s.l Cnx
aied objects or purposes, Ofthese, the first great
DIVISION forts, magazines, arsenals and dock.
yards, are obviously referable TO recognized heads
Of specific constitutional power There remains
only the phrase "and other needfni buildings"
Wherefore needfui Needful for any possible
purpose within the whole range OF the business of
society and OF government? Clearly not; but
only such buildings" are .needfnlr 10 the
United States IN the exercise Of any of the powers
conferred on Congress.
Thus, the United States need in the exercise Of
admitted powers, not only forts magazines arse.
nails, aud dockyards, but also court-houses
prisons, stom-houses, and post Offices, within
the respective States. Places for the erection OF
such buildings, the general government may con-
sttutonally purchase, and having purchased them
the jurisdiction over them belongs 10 the United
States. SO, If the general government has the
power 10 build lighthouse or a beacon, il may
purchase place for that object; and hsving pur-
chased u, then this clause OF the Constitution
chase, for the purpose Of erecting lighthouse or
beacon, must depend on the existence Of the
power 10 erect; and if that power exists, il must
| be sought after IN some other clause Of the Con-
stitution.
From Whatever point OF view, therefore, the
subject is regarded, whether as a question OF ex
1 press or Implied power, the conclusion is the
same, that Congress has no consttunal authority
10 carry on system Of internal improvements ;
snd in this conviction the system has been stead.
lily opposed BY the soundest expostors of the func
tions Of ths government.
1t is not 10 be supposed that in no conceivable
case, shall there be doubt as to whether a given
object be or not, necessary incident OF the mill
tary, naval, or any other power As man Is i'm
perfect so are his methods Of utering his thou
Human language, save IN expressions for the ex
Pact sciences, must always fail to preclude all pos.
| sibilty OF controversy. Hence il is that, in one
branch Of the sul9ect,-the question Of the power
OF Congress 10 make appropriations in aid OF navi.
gation,-there is less of positive conviction than
in regard TO the general subject and il therefore
aAanns in haa