A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The constitutional power of the Federal Government to construct or
promote works of internal improvement presents itself in two points of
view--the first as bearing upon the sovereignty of the States within
whose limits their execution is contemplated, if jurisdiction of the
territory which they may occupy be claimed as necessary to their
preservation and use; the second as asserting the simple right to
appropriate money from the National Treasury in aid of such works when
undertaken by State authority, surrendering the claim of jurisdiction.
In the first view the question of power is an open one, and can be
decided without the embarrassments attending the other, arising from the
practice of the Government. Although frequently and strenuously
attempted, the power to this extent has never been exercised by the
Government in a single instance. It does not, in my opinion, possess it;
and no bill, therefore, which admits it can receive my official
sanction.
But in the other view of the power the question is differently situated.
The ground taken at an early period of the Government was "that whenever
money has been raised by the general authority and is to be applied to a
particular measure, a question arises whether the particular measure be
within the enumerated authorities vested in Congress. If it be, the
money requisite for it may be applied to it; if not, no such application
can be made." The document in which this principle was first advanced is
of deservedly high authority, and should be held in grateful remembrance
for its immediate agency in rescuing the country from much existing
abuse and for its conservative effect upon some of the most valuable
principles of the Constitution. The symmetry and purity of the
Government would doubtless have been better preserved if this
restriction of the power of appropriation could have been maintained
without weakening its ability to fulfill the general objects of its
institution, an effect so likely to attend its admission,
notwithstanding its apparent fitness, that every subsequent
Administration of the Government, embracing a period of thirty out of
the forty-two years of its existence, has adopted a more enlarged
construction of the power. It is not my purpose to detain you by a
minute recital of the acts which sustain this assertion, but it is
proper that I should notice some of the most prominent in order that the
reflections which they suggest to my mind may be better understood.
Public-domain text, read in full here on John Shaqi.
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