It is claimed only as being incidental to some one
or more of the powers which are specifically granted.
"The following are the powers from which it is said to be derived: (1)
From the right to establish post offices and post roads; (2) from the
right to declare war; (3) to regulate commerce; (4) to pay the debts and
provide for the common defense and the general welfare; (5) from the
power to make all laws necessary and proper for carrying into execution
all the powers vested by the constitution in the government of the
United States, or in any department or officer thereof; (6) and lastly
from the power to dispose of and make all needful rules and regulations
respecting the territory and other property of the United States.
According to my judgment it cannot be derived from either of these
powers, nor from all of them united, and in consequence it does not
exist."[5]
During the early years of this century, the subject of internal
improvements relative to the building of roads and canals was one of the
foremost political questions of the day. No sooner were the debts of the
Revolutionary War paid, and a surplus accumulated, than a systematic
improvement of the country was undertaken. The Cumberland Road was but
one of several roads projected by the general Government. Through the
administrations of Adams, Jefferson, and Madison large appropriations
had been made for numerous improvements. The bill authorizing the
levying of tolls was a step too far, as President Monroe held that it
was one thing to make appropriations for public improvements, but an
entirely different thing to assume jurisdiction and sovereignty over the
land whereon those improvements were made. This was one of the great
public questions in the first half of the present century. President
Jackson's course was not very consistent. Before his election he voted
for internal improvements, even advocating subscriptions by the
Government to the stock of private canal companies, and the formation of
roads beginning and ending within the limits of certain states. In his
message at the opening of the first congress after his accession, he
suggested the division of the surplus revenue among the states, as a
substitute for the promotion of internal improvements by the general
Government, attempting a limitation and distinction too difficult and
important to be settled and acted upon on the judgment of one man,
namely, the distinction between general and local objects.
Public-domain text, read in full here on John Shaqi.
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