The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-04
NATIONAL INTERNAL IMPROVEMENTS.
Special Message OF the President River
and Harbor Improvements.

TO TIN SENATE AND HOUSE REPRESENTATIVES.
In returning TO the House of Representatives, In
which IT originated, bill entitled can act making ap
preparations for the repair preservation and completion
authority OF lawu Il became necessary for owing
to the late day at which the bill passed. to state
objections TO II very briefly announcing, at the same
time purpose to the subject for delibe-
rate discussion at the present session Ct Congress- for
VIII lie by nsensbe OF the righteousness OF the
task thus undertaken by conceived that the two
houses entitled to exposition OF the considera-
tons which had induced dissent my part, from their
conclusions In this IL stance.
great constitutional question of the power the
general in relation to internal improvements
has been the subject Of earnest difference OF opinion at
every period OF the history of the United States Annual
and special OF successive Presidents have been
occupied with it. sometimes in remarks the general
topic AMI frequently in objection to particular bills The
conflicting sentiments of eminent statesmen expressed
In Congress- in conventions called expressly to de-
vse pos sbe some plan calculated to relieve the sub
ject OF the endorsements with which 1t IL envroned
while they have directed public attention strongly to the
magnitude Of the interests involved have yet left unset
tied the limits, not merely OF expectancy, but OF cons
tutona power in relation to works OF this class BY the
general government.
What il intended by the phrase internal improve
mentsr' What does 1t embrace and what exclude
No such language is found in the constitution Not only
is not an expression Of ascertanabe constitutional
power but has sufficient exactness OF meaning to
be OF any value as the basis OF safe conclusion either
of constitutional law of practical craftsmanship.
President John Quincy Adams In claiming, oc-
casion after his retirement from Office the authorship
the idea OF introducing into the administration the
fairs OF the general government "a permanent and re-
system by which ''the whole Union would have been
checkered over with railroads and canals" aaording
thousands Of laborers and he places 1t express
trast with the construction OF such works by the leg
It is quite obvious that II there be any constitutional
power which authorizes the construction Of raroads
and canals" BY Congress- the same power must compre
bend turnpkes and ordinary carriage road1 nay, IL
must extend to the construction of bridges TO the
draining OF Marshes to the erection of evees to the
construction of canals Of irrigatonn q word, to all
the possible means Of the material Improvement of the
earth, by developing its natural resources anywhere
and everywhere, even within the proper jurisdiction Of
But If there be any constitutional power thus COM
prehensive IL its nature, must not the power
brace within its scope other kinds of improvements OF
equal utility in themselves, and equally important to
the welfare of the whole country President Jefferson
constitution to comprise objects Of physical progress
and well being, does not fail to perceive that other OBJ
iects Of pubic improvement" including 'public edu
caton' by name, belong to the class OF powers.
In fact, not only public instruction, but hospitals
Establishments Of science and art libraries and indeed,
thing appertaning to the internal welfare Of the
country Just much objects or internal improve
mentor in other words of internal utility-as canals
The admission OF the power in either Of its senses,
implies its existence in the other and since IL It exists
at all il involves dangerous augmentation of the po
we ought to see clearly by what clause or
clauses Of the const itution 1t is conferred.
have had occasion more than to express and
deem proper to repeat that is in my judgment
to be taken for granted fundamental proposition
not cIucidaton, that the federal
is the creature Of the individual States and of the peo
pie of the States severay that The sovereign
in them alone that all the powers of the federal GO
verDment are dervatve Ones the enumeration and ln
tations OF which contained in the instrument which
organized It and by express terms the powers not de-
hbted by to tho States reserved the States
spectively, or to the people"
Starting from this foundation of our constitutional
faith and proceeding to inquire in what part of the
sttuton the power of making appropriations for the in
terna improvements is found II is necessary to reject
all dea of there being any grant OF power in the PEE
ambie. When that instrument says, "We the people
Of the United States, in order to form perfect
union establish justice. insure domestic tranquility,
raj welfare and secure the blessings OF liberty
to ourselves and our posterty, it only declares the
inducem and the anticipated results of the things
ordained and established by 1t. To assume that any
thing be designed by the language of the pre-
smble, would be to all the body of the consttu
ton with its carefully weighed enumerations and Iim
tstions into mere surpusage The same may be said Of
the phrase in the grant the power to Congress "to
general welfare OF the United States" or to construe
the words exactly they not significant OF grant
concession, but of restriction Of the specific grants
having the effect Of saying that in laying and collecting
taxes for each Of the objects OF power granted
the general government, Congress must exercise any
such definite and undoubted power strict subordna
ton to the purpose OF the common defence and general
There being specific grant in the constitution OF
power TO sanction appropriations for internal improve
ments and no general provision broad enough to cover
any such indefinite object becomes necessary to look
for particular powers TO which another Of the
things included in the phrase internal Improvements
may be referred
In the discussions of this question by the advocates
of the organization OF general system Of internal i'm
provenents" under the auspices OF the federal govern
mert, reliance IL had for The justification Of the
several Of the powers expressly granted TO Con-
gress such to establish post Offices and post roads,
to declare war; TO provide and intan navy to raise
and support armies to regulate commerce. dis
pose Of the territory and other public property of the
As to the last Of these sources Of power-that Of dis
posing OF the territory and other public property of the
United stsesit may be conceded that il authorizes
Congress- in the of the public property to
make improvements essential to the successful
ton Of the trust but this must be the primary object
of any such aud II would be an abuse Of
the trut TO sacrifice the interest Of the property TO in
cideutal purposes.
As to the other assumed sources Of general power
over internal Improvements they being specific powers
OF which this is supposed TO be the Incident IL the
fmers Of the constitution wise and thoughtful
they were, intended to confer Congress the power
subject wide the whole field Of internal i'm
provements, IL is remarkable that they did Ian.
guage clearly to express IL in other words that they
did not give IL distinct and substantive power, In
stead OF making II the implied incident OF other
one; for such is the magnitude of the supposed incden
tai power and its capacity OF expansion that any sys-
tenn established under would exceed each OF tue others
in the cunt OF and number Of the persons
employed which would thus be thrown upon the general
government.
This position may be illustrated by taking as single
example one Of the many things Compounded
clearly in the idea of :" general eystem OF in
ternai Improvements" namely, roads Let II be
supposed that the power to construct roads the
whole Union, according 10 the suggestion OF Presi-
dent J. o. Adams in 1907, whilst member Of the
Senate OF the United States, had been conceded:
Congress would have begun in pursuance Of the state
of knowledge at the time by constructing turnplkes
then, knowledge advanced would have constructed
canals; and at the present time IL would have been
barked in an almost limitless scheme OF railroads
Now, there in the United States the results OF
State or private enterprise upwards Of IL 900 miles Of
railroads. and 1000 miles Of canss-in ALL 900 miles
the total cost Of which be estimated at little short
of six hundred millions Of dollars and II the works
had been constructed by the fed saI government sup
posing the thing to have been practicable, the cost
would have probably been not less than nine hundred
millions Of collars. The number OF persons employed in
supern.euding managing and keeping up these canals
and railroads. may be stated at hundred and twenty
six thousand thereabouts to which TO be added
seventy thousand or eighty thousand employed the
railroads construction, making total Of at least two
hundred thousand persons representing In families
ly million Of Souls employed maintained by this