A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
In the discussions of this question by the advocates of the organization
of a "general system of internal improvements" under the auspices of the
Federal Government, reliance is had for the justification of the measure
on several of the powers expressly granted to Congress, such as to
establish post-offices and post-roads, to declare war, to provide and
maintain a navy, to 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 sources of power, that of disposing of the
territory and other public property of the United States, it may be
conceded that it authorizes Congress, in the management of the public
property, to make improvements essential to the successful execution of
the trust; but this must be the primary object of any such improvement,
and it would be an abuse of the trust to sacrifice the interest of the
property to incidental purposes.
As to the other assumed sources of a general power over internal
improvements, they being specific powers of which this is supposed to be
the incident, if the framers of the Constitution, wise and thoughtful
men as they were, intended to confer on Congress the power over a
subject so wide as the whole field of internal improvements, it is
remarkable that they did not use language clearly to express it, or, in
other words, that they did not give it as a distinct and substantive
power instead of making it the implied incident of some other one; for
such is the magnitude of the supposed incidental power and its capacity
of expansion that any system established under it would exceed each of
the others in the amount of expenditure and number of the persons
employed, which would thus be thrown upon the General Government.
This position may be illustrated by taking as a single example one of
the many things comprehended clearly in the idea of "a general system of
internal improvements," namely, roads. Let it be supposed that the power
to construct roads over the whole Union, according to the suggestion of
President J.Q. Adams in 1807, whilst a 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
turnpikes; then, as knowledge advanced, it would have constructed
canals, and at the present time it would have been embarked in an almost
limitless scheme of railroads.
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