The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-01-03

uum1rous 0hecu a. material, moral, ana pocai ussiu
ness which the idea internal Improvements admits
may be safely inferred that if the trainers OF the cons
tuition had intended confer the power 10 make appro
prations for the objects Indicated, u would have neen
enumerated among the grants expressly made TO Com
gress When therefore, any one Of the powers actually
enumerated Is adduoed referred to the ground OF
an assumption to warrant the incidental implied pow
Of Of internal improvement that hypothesis must be
rejected least be further admitted than as the
particular act Of internal improvement may happen 10 be
necessary the exercise Of the granted power. Thus
when the object of given road the clearing OF particu
lar channel or construction Of particular harbor Of
refuge manssy required by the exgencies OF the naval
military service OF the country then 10
deniable that ii be consttutionay mprehended in
the powers declare war; TO provide aud maintain navy
and to raise and support armies Al the same time
would be misuse of these powers and violation of the
constitution undertake build upon them great sys
tenn Of internal improvements And similar reasoning APP
plies TO the assumption OF any such power as involved in
that to establish post roads and regulate If
the particular Improvement whether by land be
TO execution of the enumerated powers then
but not otherwise il falls within the jurisdiction OF Con-
gress To this extent only the power be claimed
the incident of any express grant to the federal
But there is clause Of the constitution in which it
has been suggested that express authority construct
works internal Improvement has been conferred Con-
gressnaely that which empowers 1t ito exercise excu
sve legislation in all whatsoever such district
(not exceeding miles squarel may, by cesson of
particular States and the acceptance OF Congress- become
the Of the Of the United States and to
like authority all places purchased BY the consent
Of the legislature of the State In which the same shall be- for
the erection of forts magazines arsenas docyards and
other nsel buildings But any such superstition win be
seen to groundess when this provision is carefully
amned and compared with other parts OF the eonstitn
ton.
1t is undoubtedly that Alike authority refers back
to exclusive legislation in all cases whatever applied
to the District OF Columbia and there in the District
division of powers between the general and the State
governments
or retains within any of the Saessites for
forts for exampelega process of the given State - still
permitted for purposes, and therefore the IL
rsdicon Of the United States is not absolutely perfect
But let assume for the arguments sake that the urs
dction of the United States in tract of land coded TO it
for the purpose Of dockyard fort by Virginia or
Maryland complete in that coded by them for the
government and then proceed to anayze this clause
| of the constitution. E6a
1t provides that Congress shall have certain legislative
authority oil places purchased by the United States
for certain purposes implies that Congress has other
the power to purchase But where does Congress get
the power purchases? Manestly it must be from some
other clause of the constitution, for it is not confer
red by this one. Now ii is fundamental principle
that the constitution is Of limited powers the author
y purchase must be conferred ia one OF the enumera
ons Of legislative power that the power to purcha Sc
is itself unlimited one but is limited by the OBJ
ecs in regard to which legislative authority directly con-
| ferred Et4 4
The other expressions of the clause in question confirm
this conclusion since the jurisdiction given to places
purchased for certain enumerated objects purposes D
these the first great division forts magazines arsena and
docyards obviously reierabe recognised heads OF
specific constitutional power. There remains only the
phrase "and other eedfM buildings Wherefore need
full Needful for any posi- purpose within the whole
range of the business Of society and of government
Clearly not but only such buildings are needf 70
United States in the exercise Of any Of the con-
| ferred on Congress.
Thus the United States need in the exercise of admitted
powers not only forts magazines, arsenas and dock
yards but also courthouses PRISONS custop-honse and
postoices within the respective States Places or tne
erection of such buildings the general government may
constutionaly purchase and having purchased them the
jurisdiction them belongs to the United States no. il
the general government has the power to build light
hons oro ms
and having purchased it, then this clause of the consu
ton gives Jurisdiction over it Still the power to purchase
for the purpose Of erecting beacon must de-
pend on the existence Of the powerto eec al if that
power exists must be sought after In some other canss
/ Of the constitution
From whatever point Of tleretase ihf
the conclusion is the same that Congress has cons
tutional authority to carry system of internal m-
provemens; and in this conviction the system has been
steadily opposed by the soundest expostors of the unc
tons OF the government.
1t is not to be supposed that conceivable shall
there be doubt to whether given object be not
necessary incident of the military, naval any other
power as man is imperfect his methods of utter
ing his thoughts Human language expressions for
the exact sciences, must always fail to preclude all posi-
biity of controversy Hence IT is that IN brch of
the snbjeche question of the power of Congress 10
make appropriations in aid Of navgatioRhere is less OF
positive conviction than in regard to the general subject
and therefore seems proper in this respect to revert to
| the history of the practice of the government
Among the very earliest of the first session Of Con-
gress that for the establishment and support of light
houses approved by President Washington the 18th Of
August 1885, which contains the following provisions
That all expenses which shall accrue fso,1 and after
the fifteenth day Of August thousand seven hundred
and eigty-nne in the necessary support mantehance
and repairs of all lighthouses beacons buoys and public
PIERS erected placed sunk before the passing this act
at the entrance of within any bay inlet barbo por
of the United States for rendering the navigation thereof
easy and SAFE shall be betrayed of the treasury OF the
United States: Prooied neyerhelsss That of the
said expenses shell continue to be betrayed after the
piraton of year from the day aforesaid unless such
lighthouses, beacons buoy, aEG public piers SHALL in the
lime be ceded to- and vested In the United States by
the State States respectively in which the same may be
together with the lands and tegements thereuno belong
ing and together with the jurisdiction of the same Acts
containing appropriations for this OF public works
passed in 179l 1892 1893, and on from year
year, down to the present time and the tenor Of these
acts when examined with reference to other parts Of the
subject, ID worthy Of special consideration
1t is remarkable act hat for a period Of than
thirty years after the adoption of tie constitution all APP
popriatons of this class were confined with scarcely an
apparent egcepton to the construction Of lighthouses
beacons buoys and pablo PIERS and the sakege OF chan
nels to render navigation sae and easy it is true but
only BY indicating to the navigator obstacles in his way
not by removing those obstacles in any other respect
changing artfcally the preexsng natural condition Of
the earth and Ii Is obvious however that works of
art for the removal of natural mpediments to navigation
or TO prevent their formation for supplying harbors
where these do not exist also of rendering
geton safe and easy; and may in supposable cases be
the most Efficient well the most economical of such
means Nevertheless 1t i not until the year 1924 that
an act to improve the navigation IT TIE rivers Ohio and