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
As the population, territory, and wealth of the country increased and
settlements extended into remote regions, the necessity for additional
means of communication impressed itself upon all minds with a force
which had not been experienced at the date of the formation of the
Constitution, and more and more embarrassed those who were most anxious
to abstain scrupulously from any exercise of doubtful power. Hence the
recognition in the messages of Presidents Jefferson, Madison, and Monroe
of the eminent desirableness of such works, with admission that some of
them could lawfully and should be conducted by the General Government,
but with obvious uncertainty of opinion as to the line between such
as are constitutional and such as are not, such as ought to receive
appropriations from Congress and such as ought to be consigned to
private enterprise or the legislation of the several States.
This uncertainty has not been removed by the practical working of our
institutions in later times; for although the acquisition of additional
territory and the application of steam to the propulsion of vessels have
greatly magnified the importance of internal commerce, this fact has at
the same time complicated the question of the power of the General
Government over the present subject.
In fine, a careful review of the opinions of all my predecessors and of
the legislative history of the country does not indicate any fixed rule
by which to decide what, of the infinite variety of possible river and
harbor improvements, are within the scope of the power delegated by
the Constitution; and the question still remains unsettled. President
Jackson conceded the constitutionality, under suitable circumstances, of
the improvement of rivers and harbors through the agency of Congress,
and President Polk admitted the propriety of the establishment and
support by appropriations from the Treasury of light-houses, beacons,
buoys, and other improvements within the bays, inlets, and harbors of
the ocean and lake coasts immediately connected with foreign commerce.
But if the distinction thus made rests upon the differences between
foreign and domestic commerce it can not be restricted thereby to the
bays, inlets, and harbors of the oceans and lakes, because foreign
commerce has already penetrated thousands of miles into the interior
of the continent by means of our great rivers, and will continue so to
extend itself with the progress of settlement until it reaches the limit
of navigability.
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