The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-01-03
SPECIAL. MESSAGE OF The PRESIDENT on RIVER
AND HARB0R IMPROVEMENTS.

AND HARB0R IMPROVEMENTS
To The Ssnats and House Of Representatives.
In returning TO the House Of Representatives in which
Il oririnsted hill entitled AN act making appropris-
tons nr the repair preservation and complexion o. certain
public works heretofore ~ H. dsy
which the bill passed. to state my op)ecuons 70
briefly announcing at the time purpose TO resume
the subject for more deliberate discussion at the present
session Of for while insensible OF the
d tho task thus undertaken by me-
that the two houses entitled to an exposition o. the
considerations which had induced dissent on my paf1
from their conclusions in this instance
The great constitutional question OF the power OF Inc
general government in relation to internal improvements
every period OF the history OF the United StteS Annual
and special messages OF successive Presidents have been oc
cuped with It sometimes in remarks on lhe genera 'ops
and frequently in objection to particular bills The con-
cting sentiments of eminent statesmen expressed IN oon
ures or in conventions called expressly to devise posi-
be plan calculated TO relieve the subject OF the em
with which IL environed while they have
directed public attention strongly to the magnitude Of the
interests Involved have yet left unsettled the limits not
merely expectancy but Of constitutional power III re
ton ~ works of this class by the general government
What is intended by the phrase internal improve
ments7 What does it embrace and what exclude no
such language Is found in the constitution Not only ~
not an expression constitutional power but
has sufficient exaetness of meaning TO be OF any vaue
the basis Of saf conclusion either Of consutniona
law or Of practical statesmanship
President John Quincy Adams in claiming on one occa
son after his retirement from Office the authorship OF the
introducing into the administration oil the affairs
Of the general "a permanent and regular ss
tenn OF internal improvements speaks of it as system by
which the whole Union would have been checkered over
with railroads and canals, ahording high wages and
constant employment hundreds of thousands OF labor
ers he places it express contrast with the consruc
ton of such works by the legislation of the States and by
private enterprise .
It is quite obvious that if there be any constitutional
which authorizes the construction OF railroads and
canals by Congress- the same power must comprehend
turnpkes and ordinary carriage roads, nay it must ex
tend TO the construction of bridges TO the draining OF
marshes the erection of evees, to the construction OF
canals Of irrgatonn 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 the several States But
if there be any constitutional power thus
in its nature not the power embrace within its
scope other kinds of improvement Of equal utility IN them
selves and equally important TO the welfare OF the whole
country? President Jefferson while intmang the expe
diency of SO amending the constitution to comprise OBJ
ects Of physical progress and webepg does not fail to
perceive that other objects of public improvement IN
Guiding npublic education by name belong TO the same
class OF powers In fact only public instruction, but
hospitals establishments of science and art libraries and
nieed everything appertaning to the internal welfare OF
the country just much objects OF internal improve
ment or Other words ofnerna utility as canals ana
railways
plies its existence in the other and Ance exists at ALL
1t involves dangerous augmentation Of the political func-
ons and Of patronage Of the federal government
ought clearly by what clause or clauses Of the con-
sitntion it is conferred.
have bad occasion than once express and deem
it proper repeat that it Isl in my Judgment to be
taken for granted fundamental proposition not reqEi
ring calculation that the federal the
of the individual States and Of the psOpe OF the States
severaly that the sovereign power in them alone
that all the powers of the federal government deriva-
tive ones the enumeration and limitations Of which
contained In tho instrument which organized it; and by
express terms "hs powers not delegated to the United
States by the constitution nor prohibited by 1t to the
States reserved to the STATES respectively or to the
people" rA5
Starting from this foundation Of constitutional faith
the power OF making appropriations for internal improve
ments is found it is necessary to reject all idea Of there be-
70
der to form perfect union establish justice insure
domestic tranquility provide for the common defence pro
aQta the general and the
Inducements and the anticipated results of the things or
daned and established by it. To assume that anything
can be designed by the language of the preamble
Its carefuly-weghed enumerations and limitations into
surplnsage The may be said of the phrase in
the grant Of the power to Congress ITO pay the debts and
provide for the defence and general welfare of the
United States or, to construe the words exactly,
they not significant Of grant concession but Of
srcon Of the specific grants having the effect Of saying
that in laying and collecting for each Of the precise
objects OF granted to the general government Con-
must exercise any such definite and undoubed pow
in strict differentiation to tine purpose of the
defence and general welfare Of all the States
There being specific grant in the constitution Of
power to sanction appropriations for internal Improve
any such indefinite object it becomes necessary look for
particular powers which another of the THINGS
cludcd in the phrase interna improvements may be re-
ferrcd.
In the discussions Of this question by the advocates of
organization offs general system of internal improve
ments under the auspices of the federal government re
ancc is had for the justification Of the measure on several
of the powers expressly granted to Congress such
establish post offices and post roads to declare war
provide and maintain navy raise and support armies
TO regulate commerce. and to dispose of the territory and
other public property of the United States.
As to the last of these of powerhat of dspo-
sing of the territory and other public property of the Uni
ted Sates may be conceded that it authorizes Congress
in the management of the public property, to make inn
proycments essential to the successful execution of the
trust but this must be the primary object of any such
Improvement and 1t would be abuse Of the trust to
sacrifice the interest Of the property to incidental pur
poses.
As to the other assumed Of general power over
Internal improvements they being specific powers of
which this supposed to be the incident if the trainers oil
the constitution wise and thoughtful they were in
tended to confer Congress the power subject so
wide as the whole field of internal improvements Is
markabe that they did not language clearly express
it in other words, that they did not give it dis
nct and substantive power, instead Of making it the i'm
piled incident Of some other one for such is the magn
tnde of the supposed incidental power and its capacity of
expansion that any system established under IL would
coed each OF the others in the OF expenditure and
number OF the persons employed which would thus be
thrown upon the general government
This position may DO illustrated by taking a single
example, Of the many things comprehended clearly in
the idea OF general system Of internal improvements