Indiana State Sentinel, Volume 7, Number 29, Indianapolis, Marion County, 6 January 1848 — Page 4

THE PRESIDENTS MESSAGE. To the House of Rrpresenlaliies : On the last day of the last session of Congress, a bill, entitled "An act to provide for continuing cer

tain works in the Territory of Wisconsin, and for, cUkt purposes," which had passed both houses, was

preei.ted to me fjr mv approval I entertained insuperable objections to its booming a law ; but the hört period of the session which remained, afforded me no sufficient opportunity to prepare my objections, and communicate them, with the bill, lo the IIou!eof Reprenentatives, in which it originated. For this reavon, ilie bill wn returned, and I deem it proper now to täte my objretiuna to it. Although, from the title of the bill, it would seem that its mi. n object was to make provision for continuing certain works already commenced in the Territory of Wisconsin, it sppt-ars, on examination of its provisions, that it contains only a single appropriation of six thousand dollars to be applied within that Territory, while it appropriates more than half a million of dollars for the improvement of numerous harbors

and rivers lying within the limits and jurisdiction of

several of the States of the Union. At the preceding session of Congress, it became my duty to return, with my objections, to the house in which it originated, a bill making similar appropriations, and involving like principles; and the views then expressed remain unchanged. -. The circumstances under which this heavy expendi

ture of public money was proposed, were of imposing weight in determining upon its exiiediency. Con

gress had recognized the existence of war with Älex

:co, and to prosecute it to "a speedy and successful termination," had made appropriations exceeding our ordinary revenues. To meet the emergency, and pro

vide for the expenses of the government, a loan cf

twenty-three millions of dollars was authorized at

the same session, which has since been negotiated. The practical effect of this bill, had it become a law,

would have Leen to add the whole amount appropriated by it to the national debt. It would, in fact, have made necessary an additional loan to that amount, as effectually as if in terms it had required the Secretary of the treasury to borrow the money therein appro

priated. The main question in that aspect is, whether it is wise, while all the means and credit of the government are needed to bring the existing war to an honorable close, to impair the one and endanger the other by borrowing money to be expended in a system of internal improvements capable of an expansion sufficient to swallow up the revenues not only of our own conntry; but of the civilized world ! It is to be apprehended that, by entering upon such a career at this moment, confidence at home and abroad, in the wisdom and prudence of the government, would be so far impaired as to make it difficult, without an immediate resort to heavy taxation, to maintain the public credit, and to preserve the honor of the nation and the glory of our arms, in prosecuting the existing war to a successful conclusion. . Had this bill become a law, it is easy to foresee that largely increased demands upon the treasury would . have been ma do at each succeeding session of Congress, for the improvement of numerous other harbors, bays, inlets, and rivers, of equal importance with those embraced by its provisions. Many millions would probably have been added to the necessary amount of the war debt, the annual interest on which must also have been borrow

ed, and finally a permanent national debt been fasten

ed on the country and entailed on posterity.

. The policy of embarking the federal government in a general system of internal improvements had its

origin but little more than twenty years ago. Jn a

very few years the applications to Congress for appropriations in furtherance of such objects, exceeded two

hundred millions of dollars. In this aiarmmg crisis,

President Jackson refused to approve and sign the

Maysville road bill, the Wabash river bill, and other

bills of similar character, tits interposition put a

check upon the new policy of throwing the cost of lo

cal improvements upon the national treasury, preserv

ed the revenues of the nation for their legitimate ob

jects, by which be was enabled to extinguish the then

existing oublic debt, and to present to an admiring

world the unprecedented spectacle in modern tunes.

of a nation free from debt and advancing to greatness

with unequalled strides, under a government which was content to act within its appropriate sphere, in nrotectin? the States and individuals in their own

chosen career of improvement and of enterprise. Al

. tlfough the bill under consideration proposes no appro-

priation for a road or canal, it is not easy to perceive

the difference in principle or mischievous tendency

between appropriations fur making roads and digging

. csiaU, and appropriations to deepen river and im

prove harbors. All are alike within .the limits and jurisdiction of the States; and rivers and harbors

aloe open an abyss of expenditure sufficient to swal

low uo Ute wealth of the nation, and load it with a

debt which may fetter its energies and tax its indus

try for affes to come. '

, .The' experience of several of the States, as well as that of the United States, during the period that Congress exercised the power of appropriating the

public money, for internal improvements, is full of el

oquent warnings. .It seems impossible, in the nature

of the subject, as connected with local representations, that the several objects presented for improvement

' Vi f 1 Iva carai Vixwl a .wA inrf f e tKtt voo ruiftiD a man fa

SMia n vljj s-v avwwisa ui w tirvti I vrjuvui iiiviftW) - and appropriations confined to those whose importance would justify a tax on the whole community to effect

their accomplishment.

In some of the States, systems of internal inwove-

ments have been projected, consisting of roads and ca

. nals, rnajiy of which, taken separately, were not of

sufficient public importance to ju6tity a tax on the en

tire population of the Nate to eöect their construe

tion ; and yet, by a combination of local interests, operating on a majority of the Legislature, the whole have been authorized, and the, States plunged into heavy debts. To an extent so ruinous has this sys

tem of legislation, been carried in some portions of

the Union, that the people have found it necessary to

their own safety and prosperity, to forbid their Legis-

' latures, by constitutional restrictions, to contract public debta for such purposes without their, immediate

consent.

If the abuse of power baa been so fatal in the States,

where the systems of taxation are direct, and the representatives responsible at short periods to small

masses of constituents, how much greater danger of

abuse is to be apprehended in the general government, whose reveoves are raised by indirect taxation, and whose functionaries are responsible to the people

in larger masses and for longer terms 1

Regarding only objects of improvement, of the nature of those embraced in this bill, how inexhaustible we shall find them. Let the -imagination run along

our coast, from the river St. Croix to the Bio Grande,

and trace every river emptying into the Atlantic and Gulf of Mexico to its source: let it coast along our

lakes, and ascend all their tributaries ; let it pass to

Oregon and explore all its bays, inlets, and stream-;

and then let it raise the curtain of the future, and

contemplate the extent of this republic, and Jbe ob

jects of improvement it will embrace, as it advauces to its high destiny, and the mind will be startled al the immensity and danger of the power which the

but no commerce of any kind. By it, a bay or sheet . of shoal water is called a harbor; and appropriations demanded from Congress to. deepen it ; with a view to draw commerce to it, or to enable individuals to build up a town or city on its'morgin, upon specula-

tion, aiMj ior ineir own private advantage. What is denominated a river, which muybc improved, in the system, is equully uiuJftintd in its meaning. It may be the Mississippi, r it may be the smallest and most obscure and unimjwrtant stream bearing the name of river which is to be found in any State in the Union. Such a system is subject, moreover, to be perverted to the accomplishment of the wort of political purposes. During the few years it was in full operation, and which immediately preceded the veto of President Jackson of the Maysville road bill, instances were numerous of public men seeking to gain popular favor, by holding out to the people interested in particular localities, the promise of large disbursements of public money. Numerous reconnoissances and surveys were made during that period for roads and canals through many parts of the Union ; and the people in the vicinity of each were led to believe that their property would be enhanced in value, and they themselves be enriched, by the large expenditures which, they were promised by the advocates of the system, should be made from the federal treasury in their neighborhood. . Whole sections of the country wtre thus sought to be influenced, and the system was fast becoming one not only of profuse and wasteful expenditure, but a potent political engine. If the power to improve a harbor be admitted, it is not easy to perceive how the power to deepen every . inlet on the oceans or lakes, and make harbors where there are none, can be denied. If the power to clear out or deepen the channel of rivers near their mouths be admitted, it is not easy to perceive how the power to improve them to their fountain head, and make them navigable to their sources can be denied. Where

shall the exercise of power, if it be assumed, stop 1 Has Congress the power, when an inlet is deep enough to admit a schooner, to deepen it still more, so that it will admit ships of heavy burthen 1 and has it not the

power, when an inlet will admit a boat, to make it

deep enough to admit a schooner ! May it improve

rivers deep enough already to float ships and steam-

boats, and has it no power to improve those which are navigable only for flat-boats and barges? May the general government exercise power and jurisdiction over the soil of a State, consisting of rocks and sandbars in the beds of its rivers, and may it not excavate

a canal around its waterfall or across its lands for precisely the same object !

Giving the subject the most serious and candid con

sideration of which my mind is capable, I cannot perceive any intermediate grounds. The power to im

prove harbors and rivers for purposes of navigation, by deepening or clearing out, by dams and sluices, by locking or canaling, must be admitted without any

other limitation than the discretion of Congress, or it

must be denied altogether. If it be admitted, how

broad and how susceptible of enormous abuses is the power tiius vested in the general government ! There is not an inlet in the ocean or the lakes not a river,

creek, or streamlet within the States which is not brought for this purpose within the power and jurisdiction of the general government.

Speculation, disguised under the cloak of public

good, will call on Congress to deepen shallow inlets,.

that it may build up new cities on their shores, or to

make streams navigable which nature has closed by

bars and rapids, that it may sell at a profit its lands

upon their banks. lo enrich a neighborhood by

spending within it the moneys of the nation, will be

the aim and boast of those who prize their local in

terests above the (rood of the nation; and millions

upon millions will be abstracted by tariffs and taxes

from the earnings of the whole people, to foster specu

lation and subserve the objects of private ambition

öuen a system could not be administered with any

approach to equality among the several States and

sections of the Union. There is no equality among them in the objects of expenditure, and, if the funds were distributed according to the merits of those ob

jects, some would be enriched at the expense of their

neighbors. Uut a greater practical evil would be

lound in I lie art and industry by which apppropnations would be s-nigut and obtained. Themost artful and industrious would be the most successful; the true interests of the country would be lost sight of in

an annual scramble for the contents of the treasury;

and the member of Congress who could procure the largest appropriations to be expended in his district, would claim the rewards of victory from his enriched constituents. The necessary consequence

would be, sectional discontents and heartburnings, in

creased taxation, and a national debt, never to be ex-'

tinguished.

- In view of these portentous consequences, I cannot

but think that this course of legislation should be ar

rested, even were there nothing to forbid it in the

fundamental laws of our Union. This conclusion is

fortified by the fact that the constitution itself indi

eaten a process by which harbors and rivers within

the States may be improved a process not susceptible of the abuses necessary to flow from the assumption

of the power to improve them by the general government ; just in its operation, and actually practiced upon, without complaint or interruption, during more than thirty years from the organization of the present government. TIhj constitution providee that "no State shall, without the consent of Congress, lay any duty of tonnage." With the consent" of Congress, such duties may be levied, collected and expended by the States. We are not left in the dark as to tha objects of this reservation of power to the States. The subject was fully considered by the convention that framed the constitution. It appears, in Mr. Madison's report of ti e proceedings of that body, that one object of the reservation was, that the States should not be restrained from laying duties of tonnage for the purpose of clearing harbors. Other objects were named in the debates; and among them, the support of seamen. Mr. Madison, treating on this subject in the Federalist, declares that ' "The restraint on the power of the States over imports and exports, is enforced by all the arguments which prove the necessity of submitting the regula-. tion of trade to the federal councils. It is needless, therefore, to remark further on this head, than that the manner in which the restraint is qualified, seems well calculated at once to secure the States a reasonable discretion in providing for the conveniency of their imports and exports, and to the United States a reasonable check against the abuse of this discre-

trade, which might enter into the Kcnncbunk river' pose., It has no incidental power, nor does it draw

for the improvement of the same, by "rendering the

passage in and out of said river less ditucult and dan

gerous."

Un the 1st oF April, J5W, the btate ot Pennsylva

nia passed a law levying a tonnage duty rn vencels, to remove the obstructions to the navigation of the

river Delaware, below the city of Philadelphia."

On the 13 of January, 1S04, the State of Virginia

passed a law It vying a tonnage duty on vessels,

"for improving the navigation of James river."

On the L"Jd or February, lS'JU, the State or Tgina 1 1

ia passed a law levying a tonnage duty on .w-sseis,

for improving the navigation of James river, from

Warwick to Kocketl's landing."

On the 8th cf December, 14, the State of Virgin

after it any consequences of that kind. . All that Con

gress could do under it, in the rase of internal improvements, would be to appropriate the money necessary to make them. For any act requiring legislative function or support, the Slate authority must be relied on. The condemnation of the land if the pro

prietors should refuse to sell it, the establishment of

turnpikes and tolU, and the protection or the work

when finished, must be done by the Mate, lo these

purposes the powers of the general government are believed to be utterly incompetent." Hut it is impossible to conceive on what principle the power of appropriating public money when in the treasury can be construed to extend to objects for which the constitution does not authorize Congress to

passed a law levsiuir a tonuajre duty on vessels. levy taxes o-imports to raise money. I he power ot

"for improving the navigation of Appomatox river, appropriate u is but the consequence of the power to from Pocahontas bridge to Broadway." j raise money ; and the true inquiry is, whether Con-

In November, 1-521, the Slate of North Carolina gress has the right to levy taxes lor the object over

passed a law levying a tonnage duty on vessels, fur which power is claimed. the purpose of opening an inlet at the lower end of I During the four succeeding years embraced by the

Albemarle bound, near a place called Nag s Head, and

improving the navigation ot said sound, with its

magazines, dockyards, and other needful buildings." -That the United States should be prohibited from purcharinir lands within the States, without ITieir cou-

sent, even for the most essential purpoes of national defeirct', while ltft, at liberty to purchase or 6eize them for road?, canals, od other improvements of immeasurably less importance, it is not to be conceived. A proposition was made in the convention to pro

vide for the appointment of a Sccrefkry of Domestic Affairs," and make it his duty, among .other things, "to attend to the opening of roadf and navigation, and the facilitating communications through the U.

States. It was referred to a committee, and that

appears to have been the last of it. On a subsequent

occasion, a proposition was made to cooler on uon-

press the power to "provide fm; the cutting of cauals

when deemed necessary, which was rejected by the

stronir majority of eight States to three. Among the

and other bills of like character, he reversed the precedents which existed prior to that timeon the subject of 'internal improvements. When our experience, observation, and reflection have convinced us that a legislative precedent is cither umvise or unconstitutional, it should not be followed. . No express grant of this power Ss found in the constitution. Its advocates Lave differed anion;: themselves as to the source from which it is derived as an incident. In the progress of the'discussioris upon this subject, the power '.o rejulate commerce seems now to be chiefly relied upon, esccially in reference to the improvement of harbors and rivers. In relation to the regulation of commerce, the language of the grant in the constitution is, "Congress shall have power to regulate commerce with foreign nations and among the several States, and with the : Ind. an tribes." That "to regulate commerce" does

reasons given for the rejection of this proposition, it I not mean to make a road, or dig a canal, or clear out was ur'ed tint "the expense in such cases will fall a river, or deepen a harbor, would seem to be obvious

on the United States, and the benefits accrue to the to the common understanding, lo "regulate" ad-

principle of this bill involves.

Already our confederacy consists of twenty-nine

States. Otber btates may at no distant period be ex

pected to be formed on the west of our present settle-

ments. we own an extensive country in Uregon, stretching many hundreds of miles from east to west,

and seven degrees of latitude from south to north. By the admission of Texas into our Union, we have

recently added many hundreds or miles to our sea

coast. In sll this vast country, bordering on the At

lantic and Pacific, there are many thousands of bays,

inlets, and rivers, equally entitled to appropriations

fur their improvement with the objects embraced in this bill

We have seen in our States that the interests of

individuals or neighborhoods, combining against the general interest, have involved their governments in

dbts and bankruptcy; and when the system prevail

ed in the pcneral government, and was checked by

President Jackson, it had begun to be considered the highest merit in a member of Cong re to be able to

prcure appropriations of public mouey to be expend

ed within Ids d. strict or State, whatever might be

the bjct. We should be blind to the experiences of the past if we d.d not see abundant evidences

that, if tins sys em of expenditure m to be indulged in, cofi.binatiiHis of individual and local interests will

! ftind strong enough lo control legislation, absorb

the revenue nf the country, and plunge the country

iitta itopeies .iKieblc dness

What is denominated a harbor by this system, does not necessarily mean a bay, inlet, or arm of Ihe sea on the ocean or on our lake shores; on the margin of which may exist a commercial city or town engaged ia foreign or domestic trade, but is made to embrace waters where there ia not only no such city or town,

tum." . The State may lay tonnage duties for clearing harbors, improving rivers and,, other purposes; but are restrained from abusing the power, because, before such duties can' take effect, the "consent" of Congress must be obtained- Here is a safe provision for the improvement of harbors and rivers, in the reserved powers of the States, and in the aid they may derive from duties nf tonnage levied with the consent of Congress. Its safeguards are, that both the State legislatures and congress have to concur in the act of raising the funds; that tlfy are in every instance to be levied upon the commerce of those ports which are to . profit by the proposed improvement; that no question of conflicting power or jurisdiction is involved; that the expenditure being in the. hands of those who are to pay the money and be immediately benefitted, willbe more carefully managed and' more productive of good than if the funds were drawn from the national treasury, and disbursed by the officers of the general, government; that such a .system will xarry with it no enlargement nf federal power and patronage, and leave the States' to be the sole judges of thti'r own wants and interests, with only a conservative negative in Congress upon any abuse of the power which the States may attempt. , Under this wise system, the improvement of harbors and rivers was commenced, or ratber continued, from the organization of the government under the present constitution. 'Many acts were passed by the several Slates levying duties of tonnage, and many were passed by Congress giving their consent to those acts. Such acts have been passed by Massachusetts, Rhode Island, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, and Georgia, and have been sanctioned by the consent of Congress. Without enumerating them all, it may be instructive to re'er to tl.era, as illustrative of the mode of improving harbors uad rivers in the early periods of .our government, as to the constitutionality of which there can be no doubt. "... In January, 1700, the State of Rhode Island passed a law levying a tonnage duty on vessels arriving in the port of Providence, "for the purpose of clearing and deepening the channel of Providence river, and. making the same more niv.:-able." On the 2d of February, 1.", the State of Mass? chusetts passed a Jaw levyirg a tonnage duty on 111 vetaels, whether employed ia the foreign or coattir j

branches:" and in November, an amendatory law was passed.

On the 2 1 st of December, 1804, the State of Fouth

Carolina passed a law levying a tonnage duty, for the

purpose of "building a marine hospital in the vicinity

of Charleston ;" and on the 17th of December, 184(5, another law was passed by the Legislature of that State, for the maintenance of a marine hospital."

On the lUth of February, lTSi, the Mate of Georgia passed a law levying a tonnage duty on all vessels entering into th-j port of Savannah, for the pur

pose of "clearing the Savannah river of "wrecks and

other obstructions" to the navigation.

On the 12ih of December, 18U4, the State of Geor-

gia'passed a law levying a tonnage duty on vessels, "to be applied to the payment of the fees of the har

bor-master and health officer ot the ports of Savannah and St. Mary's.

In April, 1733, the State of Maryland passed a law-

laying a tonnage duty on vessels, for the improve

ment of the "basin" and "harbor" of Baltimore and

the "river Patapsco."

On the übth of December, 1791, the State of Mary

land passed a law levying a tonnage duty on vessels, for the improvement of the "harbor and port of Bal

timore."

On the 25th of December, 1793, the State of Mary

land passed a law authorizing the appointment of a

health officer for the port of Baltimore, and laying a tonnage duty on vessels to defray the expenses. . "

Congress have passed many acts giving its "con

sent to these and other State laws, the first of which

is dated in 1790, and the last in 1343. By the latter net, the "consent" of Congress was given to the law

of the legislature of the State of Maryland, laying a

tonnage duty on vessels for the improvement of the

harbor of Baltimore, and continuing it in force until

the 1st day of June, 1350. I transmit herewith co

pies of such of the. acts of the legislatures of the

States on the subject, and also the acts of Congress

giving its "consent thereto, as have been collated.

lhat the power was constitutionally and rightful

ly exercised in these cases does not admit of a doubt.

Ihe injustice and inequality resulting from conced

ing the power to both governments is illustrated by

several of the acts enumerated. Take that for the

improvement of the harbor ct JjaJutrore. lhat im

provement is paid for exclusively by a tax on the

commerce of that city; but if an appropriation be

made from the national treasury for the improvement

of the harbor of Boston, it must be paid in part out of

the taxes levied on the commerce of Baltimore. The

result is, that the commerce of Baltimore pays the ful

cost of the harbor improvement designed for its own

benefit, and, in addition, contributes to the cost of al other harbor and river improvements in the Union

The facts need but be stated to prove the inequality

and injustice which cannot but flow from the practice

embodied in this bill. Either the subject should be left as it was during the first third of a century, or

the practice of levying tonnage duties by the States

should be abandoned altogether, and all harbor and

river improvements made under the authority of the

United States, and by means of direct appropriations. In view not only of the constitutional difficulty, but as a question of policy, I am clearly of opinion that the w hole subject should be left to the States, aided by such tonnage duties on vessels navigating their waters as their respective legislatures may think proper to propose and Congress see fit to sanction. This "consent" of Congress would never be refused in any case where the duty proposed to be levied by the State was reasonable, and where the object of improvement was one of importance. The funds required for the improvement of harbors and rivers may be raised in this mode, as was done in the earlier periods of the government, and thus avoid a resort to a strained construction of the constitution, not warranted by its letter. . If direct appropriations be made of the money in the federal treasury for such purposes, the expen

ditures will be unequal and unjust. 1 he money in the federal treasury is paid by a tax on the whole people of the United States; and if applied to the purposes of improving harbors and rivers, it will be partially distributed, and be expended for the advantage of particular States, sections, localities, at the expense of others. By returning to the early and approved construction of the constitution, and to the practice under it, this inequality and injustice will be avoided, and at the same time, all the really important improvements be made; and, as our experience has proved, be better made, and at less cost than they would be by the agency of officers of the United States. The interests benefitted by these improvements, too, would bear the cost of making them, upon the same principle that the expenses of the postoffice establishment have always been defrayed by those who derive benefits from it. lha power of appropriating money from the

t treasury for such improvements was not claimed or I i . .... . i .

exercised ior more than thirty years aiter tue organisation of the government in 1789, when a more latiu

udinous construction was indicated, though it was not broTdly asserted and exercised tyilil 1S25. Small ap

propriations were first indJe iiul820 and 1821 for

surveys. An act was made on the od oi Tiaren, lazo.

authorizing the President to cause an "examination

and survey to be made of the obstructions between the

harbor of Gloucester and tue harbor of Squain, in the State of Massachusetts," and of "the entrance of the

harbor of the port of Presqu'isle in Pennsylvania,"

with a view to their removal, and a small appropriation

was made lo pay the necessary expenses. 1 his -ap

pears to have been the commencement of harbor im

provenients by Congress, thirty-four years after the government went into operation under the present

constitution. On the 3(tii April, 1324, the act was

passed making an appropriation of thirty thousand dollars, and directing "surveys and estimates to be made of the routes of such roads and canals" as the President "may deem of national importance in a commercial or military point of view, or necessary for the transportation of the mails." This act evidently looked to the adoption of a general system of internal improvements, to embrace roads and canals as well as harbors and rivers. On the 20th of May, 1824, an act was passed making appropriations for "deepening the channel leading into the harbor of Presqu'isle, in the State of Pennsylvania," and to 'repair Plymouth beach, in the State of Massachusetts, and thereby prevent the harbor at that place from being destroyed." ' x ! ' President Monroe yielded his approval to these measures, though he entertained, and had, in a message to. the House of Representatives on the 4th of May, 1322, expressed the opinion that the constitution had not conferred upon Congress the power to "adopt and execute a system of internal improvements." He placed his approval upon' the ground, nut that Congress possessed the power to 'adopt-and execute" such a system by virtue of any or all of the enumerated grants of power in the constitution, but upon the

assumption that the power to make appropriations of

the public money was limited and restrained only by the discretion of Congress. ' In coining to this con

clusion, he avowed that "in the more early stage of

the government he had entertained a dinerent opinion. He avowed that his first opinion had been, that 'as the national government is a government of -limit

ed powers, it has no right to expend money except ia

the performance ot acts autnorizcd oy me other specific' grants, according to a strict construction of their powers;" and that the power to make appropriations gave to Congress n discretionary authority to apply the public money to any other purposes or objects except to carry into eCLct the powers contained in the other grants.' Tbezz sound views, which Mr. Monroe er.::rtaineJ "in the early stage of the government," hs sve.i7 in 12, and declared that The r " t cf r--rr"r;-llc3 is nothing more than a ri'" -: ' t! i -.z r racy tj this or that fur-

administration of President Adams, the power not only to appropriate money but to apply it, under the

direction and authority of the general government, as

well to the construction of roads as to the improvement of harbors and rivers, was fully asserted and exercised.

Among other acts assuming the power, was one

passed on the 20Ji of May, 182G, entitled "An Act

for improving certain harbors and the navigation of

certain rivers and creeks, and for authorizing sur

veys to bo made on certain hays, sounds and rivers

therein mentioned." By that act, large appropria

tions were made, which were to be "applied, unde

the direction of the President of the United States,

to numerous improvements in ten of the States. This

act passed thirty-seven years after the organization

of the present government, contained the first appro

priation ever made for the improvement of a naviga

ble river, unless it be small appropriations for exami

nations and surveys in 1820. During the residue of

that administration, many other appropriations of a

similar character were made, embracing roads, rivers,

harbors and canals, and objects claiming the aid of

Congress multiplied without number

This was the first breach effected in the barrier

which the universal opinion of the framers of the

constitution had for more than thirty years thrown in

places where the canals may be cut

During the consideration of this proposition, a mo

tion was made to enlarge the proposed power for cutting canals" into a power "to grant charters of incorporation, when the interest of the United States

might require, and the legislative provisions of the individual States may be incompetent;" and the reason assigned by Mr. Madison for the proposed enlargement of the power was, that it would "secure an easy communication between the States,' which the free intercourse now to be opened seemed to call for.

The political obstacles being removed, a removal of

the natural ones, as far as possible, ought to follow." - ! .1.1 .

a original proposition ana an me amendments were rejected, after deliberate discussion, not on the ground (as so much of that discussion as has been

preserved indicates) that no direct grant was necessary, but because it was deemed inexpedient to grant it

at all. When it is considered that some of the members of the convention, who afterwards participated in the organization and administration of the govern

ment, advocated and practised upon a very liberal

conduction of the constitution, grasping at many high powers as implied in its various provisions, not one of them, it is believed, at that day, claimed the

power to make roads and canals, or improve rivers and harbors, cr appropriate money for that purpose.

Among our early statesmen of the strict construction

mits or amrms the pre-existence of the thing to be

regulated. In this case, it prc-supposes the existence

of commerce, and of course, the means by which, and

the channels through which, commerce is carried on.

It confers no creative power; it ouly ass mes control over that which may have been brought into existence through other agencies such as State legisla

tion, and the industry and enterprise of individuals. If the definition of the word "regulate" is to include the provision of means to carry on commerce, then have Congress not only the power to deepen harbors, clear out rivers, dig canals, and make roads, but also to build ships, railroad cars, and other vehicles, all of which are necessary to commerce. There is no middle ground. If the power to regulate can lie legitimately construed into a power to create or facili

tate, then not only the bays and harb-rs, but the

the way of the assumption of this power by Congress, j class, the opinion was universal, when the subject was

The general mind of Congress and the country did

not appreciate the distinction taken by President Monroe between the right to appropriate money for

an object, and the rignt to apply and expend it with

out the embarrassment and delay of applications to

the Slate governments. Probably no instance oc

curred in which such an application was mode ; and

the flood-gates being thus hoisted, the principle laid

down by him was disregarded, and applications for aid from the treasury virtually to make harbors as well as to improve them, clear out rivers, cut canals and construct roads, poured into Congress in torrents,

until arrested by the veto of President Jackson. His

veto of the Maysville road bill was followed up by his

refusal to sign the "act making appropriations for

building light-houses, light-boats, beacons and monu

ments, placing buoys, improving harbors, and direct

ing surveys ;" "an act authorizing subscription for

stock in the Louisville and Portland Canal Com pa

ny ;" "an act for the improvement of certain harbors

and the navigation of certain rivers, and, finally,

"an act to improve the navigation cf the Wabash ri

ver," In his objections to the last named, he says:

"The desire to embark the federal government in

works of internal improvement prevailed, in the high

est degree, during the first session of the first Con gress that I had the honor Jo meet in my present situ

ation. When the bill authorizing a subscription on

the part of the United States for stock in the Maysville and Lexington Turnpike Company passed the two houses, there had been reported by the committee

on internal improvements, bills containing appropria

tions for such objects, exclusive of those for the Cum

berland road, and for harbors and light-houses, to the

amount of about cue hundred and six millions ofdol

lars. In this amount was included authority to the

Secretary of the Treasury to subscribe for the stock of

dinerent companies to a great extent, and the residue was principally for the direct construction of roads by the government. In addition to these projects, which

have been presented to the two houses under the sanction and recommendation of their respective commit-

tees on internal improvements, there were then sun

pending before the committees, and in memorials to Congress,' presented, but not referred, different pro

jects for works of a similar character, the expense of

which cannot be estimated with certainty, but must

have exceeded one hundred millions of dollars."

Thus, within the brief period of less than ten years

after the commencement of internal improvements by

the general government, the sum asked for from the

treasury for various projects amounted to more than

two hundred millions of dollars. President Jackson's powerful and disinterested appeals to his country ap

pear to have put down forever the assumption oi pow

er to make roads and cut canals, and to have. checked

the prevalent disposition to bring all rivers in any de

gree navigable within the control of the general gov

ernment. Hut an immense field tor expending the

public money and increasing the power and patron

age of this government was left open io the conces

sion of even a limited power of Congress to improve harbors and rivers a field which millions will not fertilize to the satisfaction of those local and specu

lating interests by which these projects are in general

gotten up. Ihere cannot oe a just ana equal aisin

bution of public burdens and benefits under such a

system ; nor can the States be relieved from the dan

ger of fatal encroachment, nor the United States from

the equal danger of consolidation, otherwise than by

an arrest of the system, and a return to the doctrines and practices which prevailed during trie first thirty

years of the government. How forcibly does the history of this subject illustrate the tendency of power to concentration in the hands of the general government. The power to improve their own harbors and rivers was clearly reserved to the States, who were to be aided by tonnage duties levied and collected by themselves, with the consent of Congress. For thirty-four years improvements were carried on under that system ; and so careful was Congress not to interfere, under any implied power, with the soil or jurisdiction of theStates, that they did not even assume the power to erect light-houses or build piers without first purchasing the ground, with the consent of the States, and obtaining jurisdiction over it. At length, after the lapse of thirty-seven years, an act is passed providing for the examination of certain obstructions at the mouth of one or two harbors almost uuknown. It is

followed by acts making small appropriations for the removal of those obstructions. The obstacles interposed by President Monroe, after conceding the power to appropriate, were 60on swept away. Congress virtually ass.smed jurisdiction of he soil and waters of the States, without their consent, for the purposes of internal improvement, and the eyes of the eager miliums were turned from the State governments to Congress as the fountain whose golden streams were to deepen their harbors and rivers, level their mountains, and fill their valleys with canals. To what consequences this assumption of power was rapidly leading, is shown by the veto messages of President Jackson ; and to what end it is again tending, is witnessed by the provisions of this bill and bills of similar character. In the proceedings and debates of the general convention which formed the -constitution, and of the State conventions which adopted it, nothing is found to countenance the idea that the one intended to propose, or the others to concede, such a grant of power to the general government as the building up and maintaining of a system of internal improvements within the States necessarily implies. Whatever the general government may constitutionally createit may lawfully protect. If'it may make a road upon the soil of the States, it may protect it from destruction orinjury by penal laws. ' So of canals, rivers, and harbors. If it may put a dam in a river, it, may protect that dam from removal or injury, Sn direct opposition' to the laws, authorities, and people of the State in which it ."is situated. If it may deepen a harbor, it may by its own laws protect its agents and contractors from being driven from their work, even by Ihe law and authorities of the State. The power to make a road or canal, or to dig up the bottom of a harbor or river, implies a rignt in the soil of the State, and a jurisdiction over it, for which it would be impossible to find any yarrant. V, The States wero particla; :jealous oF conceding to the general governnt r.t ar.y right of jurisdiction over their soil; and in t!.a ccr.stitution restricted the extlisive" legislation cf Corjress to such place as mir' ,t34,purc!-i?i-i r:th the ccr.::ntof the Slates in wh.... tv3 r 3 il-ill I:, f;rt.'.3 erection cf fcrta,

first broached, that congress did not possess the pow

er, although some of them thought is desirable.

President Jefferson, in his message to Congress in

18(KJ, recommended an amendment to the constitution, with a view to apply an anticipated surplus in the treasury, "to t lie great purposes of the public edu

cation, roads, rivers, canals, and such other objects of

puuiic improvements, as it may be thought proper to add to the constitutional enumeration of the federal

powers;' and he adds: "I suppose an amendment to the constitution, by consent of the States, necessary, because the objects now recommended are not among

those enumerated in the constitution, and to which it

permits the public moneys to be applied." In 1825,

he repeated, in his published letters, the opinion that

no 6ucii power has been conferred upon Congress.

President Madison, in a message to the House of

Representatives of the 31 March, 1817, assigning his objections to a bill entitled "An act to set apart ond

pledge certain funds for internal improvements, de

clares that "the power to regulate commerce .among

the several btates cannot include a power to con 6truct roads and canals, and to improve the natisra

tion of iratercourses, in order to facilitate, promote,

and secure such commerce, without a latitude, of corps

st ruction departing from the ordinary im

terms, strengthened by the known inconveniences

which doubtless led to the grant of this reinJial power to Congress." . V

President Monroe, in a message to the House of

Representatives of the 4th of May, 1822, containing

his objections to a bill entitled "An act for the preservation and repair of the Cumberland Road," declares: "Commerce between independent powers or communities is universally regulated by duties and imposts. It was so regulated by the States before the adoption of this constitution, equally in respect to each other and to foreign powers. The goods and vessels employed in the trade are the only subjects of regulation. It can act on none other. A power, then, to impose such duties and imposts in regard to foreign nations, and to prevent any on the trade between the States, was the only power granted. ,"If we recur to the cause? which produced the adoption of the constitution, we shall find that injuries resulting from the regulation of trade by the States, respectively, and the advantages anticipated from the transfer of the power to Congress, were

among those which had the most weight. Instead of

acting as a nation in "regard to foreign powers, the States, individually, had commenced a system of restraint on each other, whereby the interests of foreign powers were promoted at their expense. If one State imposed high duties on the goods and vessels

of a foreign power, to countervail the regulations of

such power, the next adjoining States imposed light

er duties, to invite those articles into their ports, that

they might be transferred thence into the other States, securing the duties to themselves. This contracted policy in some of the States was soon counteracted by others. Restraints were immediately laid on such

commerce by the suffering States; and thus had grown

up a state of affairs disorderly and unnatural, the ten

dency of which was to destroy the Union itself, and with it all hope of realizing those blessings which we had anticipated from the glorious revolution which had been so recently achieved. From this deplorable

dilemma, or rather certain ruin, we were happily resi t . i v.. f . . .....

cueu oy me adoption oi uie-consuiution

"Among the first and most important effects of this

grent revolution, was the complete abolition of this pernicious policy. The States were brought together

by the constitution, as to commerce, into one commu

nity, equally in regard to foreign nations and each other. The regulations that were adopted regarded us in both respects as one people. The duties and

imports that were laid on the vessels and merchan

dize of foreign nations, were all uniform throughout the United States; and in the intercourse between the

States themselves, no duties of any kind were im

posed other than between different ports and counties

within the same State.

"This view is supported by a series of measures.

all of a marked character, preceding the adoption of

the constitution. As early as the year 1781, Con

gress recommended it to the States to vest in the Unij

ted States a power to levy a duty of five per cent, on

all goods imported from foreign countries into the United States for the term of fifteen years. In 1783 this recommendation, with alterations as lo the kind of duties, and an extension of this term to twenty-five

years, was repeated, and more earnestly urged. In 1734 it was recommended to the States to authorize Congress to prohibit, under certain modifications, the importation of goods from foreign , powers into the United Slates for fifteen years. In l78o the conside

ration of the subject was resumed, and a proposition

presented in a new form, with an address to the States

explaining fully the principles on which a grant of

the power to regulate trade was deemed nidispensa

ble. ' In 1786 a meeting took place at Annapoli, of delegates from several of the States on this subject, and on their report the convention was formed at Philadelphia the ensuing year from all the States, to whose deliberations we are indebted ' for the present constitution. " "In none of these measures was the subject of internal improvement mentioned, or even glanced at. Those of 1784, '5 '6 and 7, leading step by step to the adoption of the constitution, had in view only the obtaining of a power to enable Congress lo regu-. late trade With foreign powers. It is manifest that the regulation of trade with the several States was altogether a secondary object, suggested by and adopted in connexion with the other.. If the power necessary to this system of improvement is included under either branch of this grant, I should suppose that it was the first rather than the second. The pretension to it, however, under that branch, has never been set up. In support of the claim under the second, no reason lias been assigned which appears to have the least weight." ....... ' " . ... Such is a brief history of the origin, progress, and consequences of a system" which for more than thirty years after the adoption of the constitution was unknown. The greatest embarrassments upon the subject consists in the departure which has taken place from the early construction, and the precedents which are' found in the legislation of Congress in later years. President Jackson, in his veto of the Wabash river bill, declares that "io inherent embarrassments have been added others from the course of our legislation concerning it." In bis vetoes on Ihe Maysville road bill, tue. Kcckvilla road till, the Wabash river bill. t .. . . . .

roads and canals, and all the means of transporting

merchandize among the several States, are put at the disposition of Congress. This power to regulate commerce was construed and exercised immediately after

me auopuon oi wie constitution, and lias been exer

cised to the present day, by prescribing general rules by which commerce should be conducted. With foreign nations it has been regulated by treaties, defining

the rights of citizens and subjects, as well as by acts of Congress imposing duties and restrictions, embracing vessels, seamen, cargoes, and passengers. It

has been regulated among the States by acts of Congress relating to the coasting trade and the vessels employed therein, and for the better security of pas

sengers in vessels propelled by steam, and by the re

moval of ail restrictions upon the internal trade. It has been regulated with the Indian tribes by our intercourse laws, prescribing the manner in which it shall be carried on. Thus each branch of this grant of power was exercised soon after the adoption of the constitution and has continued to be exercised to the present day. If a more extended construction be adopted, it is impossible for the human mind to fix cu a limit X6 the exercise of the power, other than the will and discretion of Congrees. It sweeps into the vor'ex of natiSnal power and jurisdiction not only harbors ad inlets, rivers and little streams, but canals, turnpikes, and railroads every species of improvement which can facilitate or create trade and intercourse with foreign nations, among the several Slates, and with the Indian tribes. Should any great object of improvement exist in our widely-extended country which Zonnot be effected by means of tonnage duties, levied by the States, with - the concurrence of Congress, it is safer and wiser to opply to the States, in the mode prescribed

ue.oi 9"lbj the constitution, for an amendment of that instruport of the-rgjj wnereby the powers of the general government

may be enlarged, with such limitations and restrictions as experience has shown to be proper, than to as- . sume and exercise a power which has not been grant-

Vcd, or which may be regarded as doubtful in the opin-'

ion of A large portion of our constituents. This

course has been recommended successively by Presi

dents Jenerson, JMadison, Monroe, and Jackson; and I fully concur with them in opinion. If an enlargement of power should be deemed proper, it will unquestionably be granted by the States; if otherwise, it will be

withheld; and, in either case, their decision should be final. In the meantime, I deem it proper to add that

the investigation of this subject has impressed me

more strongly than ever, with the solemn conviction that the usefulness and permanency of this government, and the happiness of the millions over whom it spreads its protection, will be best promoted by carefully abstaining from the exercise of all powers not

clearly granted by the constitution.

JAMES K. FOLK. Washington, December 15, 1847.

IT ALWAYS CURES. -

SMITH'S Xonle Syrup or Vegetable Febrifuge, for the speedy and radical cure of Fever and Acue, or Cbuls and Fever. Tbe proprietor ia olftnug this remedy to the public, doei to with fuil confidence that in results will luktain Iura in pronouncing it one or the morn valuable medicines ever ottered to tbe public as a speedy and effectual care for the Ague and Fever or Cliiila and Fever.

I'i composition is very simple, being entirely of Vegetables, and it doe not contain anything which would render its use in the '.("ut unsafe as a popular medicine. Combining with it powerful and general Tonic properties, a Cathartic and Sudorific action, it can be used with pertect sf.ty without any preparation of tbe patient in the comroe.iceqtent p! the attack. It corrects and prevents the febnle excitement which usually attends and so often defeats in its early une. Uuinine ami Use other remedies, in the treatment of Ague and Fever or Chills and Fever. In the proper dose It acts as a mild Laxative, and encourage a natural and healthy action of the bowels, w hi.kt at tbe sime time it gives tone to the stomach and promotes a eet.eral healthy action of the disestive organs, and thus in morbidly weakened habits restores the system to strength and vigor. In Cortive and

muous nitiiLS. u inmninn art an motu, and cathartic fnnni.

cularly when riven in Ui ge doses) and thus cleanses at the same

una oomstomacnand bowe.i and promotes a prolue perspiration. In fever, rene rally, it will be lound a most valuable Tonic, for whilst it gives lone to the system, its Dianhoratie and Laxative properties guard the patient from the reproduction ol Fever. Prepared by WILSON", STARBIRD k SMITH, Louisville, Ky. ft-Agents and Country Dealers supplied by F. MERRY WEATHER, general stent for Ohio and Northern Indiana, Third St., opposite tbe post othre, Cincinnati, Ohio. For sale by Tomunson BoTH:at, stn of the Golden Mortar, Indianapolis. 50-1 21st Dec.

HOWE'S IIYGEAX IIOAKIIOU.D AXD LIVEltWOItT COUGH CANDY. THIS celebrated Cindy is now the moat popular of all remedies for the cure of Cousbs, Colds, lluarsenens, Bronchitis, Sore Throat, Phthisic, and general affections of the Cbest and Lung. In all Ihe above canes it is known to have afforded decided and permanent relief, which arcounu for the rapid aalea of the COU.2 Ii CANDY. We ar, now selling two thousand packagna per week in the Western Stairs. This is enough lo convince the public, thai it i just the ankle it is represented to be for curing. We do not say it will ever cure all disraars, but no person that h is ever used the Candy fr diseases of ttie Chest and Lints, will say it dune tbem no good. Circulars containing certificate and opinions of the preis concerning the Candy luv bees htsued, which we respectfully request all persons to read. W warrant a cure (ut lha abuve dmeasea In all easra,4nd chaHesfa any person in tbe United Slates lo produce a better, cheaper, and mora) effective remedy. A liberal discount will be allowed to country purchasers and others who purchase for cash lo sell It on eomnnsuion. Sold by the principal Druggists in every city in the United Stales, and by the pnsrietuM. HOWE & CO., Al their Depot, No. 1, College Hall, Walnut sr., Cincinnati, O. TOMUNSOM BROTHER, Aseuls. sign of the Golden Mortar, oppraite Uta Washington Hall, Indianapolis, Indiana. 3mj9 Death from a Slight Cold. By neglecting those salutary precautions which common sense dictates, many, very many, fall victims lo their imprudence. Wa have seen tbe young btide, Mooming as it were, as the Midol Paradiveand Ihe fair flower of hope, the pride of her filher and tbej.iy of her mother her cheek flashed with anticipation, and her ey beaming with the soft expression of love the gay dteains of life dancing on her fancy with, the rich and variegated tinli of tbe rainbow's pronibe. Ws have seen all this changed aye, the wedding garment for a shroud and tbe bridal chamber for this sepulchre of the dead ; and II this from neglecting a common COLD. Now, before K Is too late, use DEL ROGERS'S LIVERWORT AND TAR, which gives immediate relief as thousand, of our mo Intelligent families now admit cf its inot extraordinary cures. Tbe gay, the young and tbs beautiful, and ihe young speak forth its praise, and will so long as it

Ubakes positive cures, aqd cheers the despairing family fireside.

' Those afflicted with diseased lungs should can on Owsley A. Co.. and see the certificates of such men as Dr. Win J. Richards, Judge William Durfce, and Dr. Hiram Cox, late Professor in Cincinnati Eo lectie Medical College. . 45 1 ch SEW SILK HOUSE. TINGLEY & liURTON, nr Tr? city of $irrr inrriur,

Intend opening on or about the läth of January, 18V1, A wholesale Silk. iiimI Fancy Dry Goods rXtahtislimnit in C INC 1 NXA TI, OHIO, At tht Soulh East Corner of Pear and Walnut Streets, opposite the Pearl Sitrert Hom: WHF.RE they propose opning a full and entire new stork i SEWJIKD FJISCY GOODS of ti e vanon descriptions suited to the demand of the Western Trade, and auch as art lound in the Eastern hone in the First Class. The business will be conducted In person by the Junior Partner, O. Burton, under the sume firm as a' ove, and will be assisted in tha purchases and importaünns by a competent buyer, under the direction of the House in Philadelphia. - N. B. The buainees in l'hiladelphia will be continued as hereto fore, unier the same stj le and firm, at No. 1C9 Market st. '6tf 5Ä"tT SALT!!

BARKELS FBEH SALT, just received and lor aale at Madison prices, adding freight. - BLYTIIE Jt HOLLAND, J4. 1847 V.f lUilrosd Depot.

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