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Of the in which the same shall be for The erection
o os, magazines, dockyaTds, and other needu buildings
That the United States should be prohibited from
lands within the States without their consent even for the
most essential purposes OF national defence while left al ber
purchase seize them for roads, canals and other inn
poyenens Of mmeasuraby less Importance not to be
ceived


proposition made in the Convention 10 provide for
the appointment of Secretary of Domestic Affairs" and
make II his duty among other things attend the open
ing Of roads and navigation and the canq communca-
mltee and that appears to have been the last of IT, On
subsequent occasion proposition made confer ON Con-
gres the power TO "poyde for the cutting of canals when
deemed necessary which rejected by the strong aor
OF eight States to three Among the reasons given for the
rejection Of this propositions urged that The expense
IN such cases will fall on the United States and the benefits
accrue to the places where the canals may be cut"


made 10 enlarge the proposed power for cutting
into power o grant charters of Incorporation; when the
interest of the United States might require, and the lega
tive provisions of the individual States may be incompetent =
and the assigned by Mr. Madison for the proposed
argement OF the power that it would secure easy
communication between the States which the free inter-
be opened seemed to call for The political
obstacles being removed, removal of the natural ones,
lar as possible, ought TO follow"


The original proposition and all the amendments were re-
ecte aer deliberate dscusslon the ground much
OF that discussion has been preserved indicates direct
grant necessary but because deemed nexpedento
grant at ALL When considered that of the
the Convention, who afterwards participated in the organ
zaon and administration of the Government advocated and
pactsed upon very liberal construction of the constitutions
gaspng at many high powers implied in various prov
sions, not of hem il is believed that day claimed the
power to make roads and canals improve rivers and ha
bars, appropriate money for that purpose Among our
early statesmen of the strict construction class the opinion was
universal when the subject first broached that Congress
dd not possess the power although of them thought it
desirable


President Jefferson, in his message Congress in 1906
recommended amendment of the constitution with view
to apply anticipated surplus the Treasury the great
blic and


such other objects Of public improvements it may be


thought proper to add to the constitutional enumeration of


the federal powers and he adds: g suppose amend


ment to the constitutions by consent of the States necessary


because the objects recommended not among those


enumerated in the constitution, and to which permits the


public moneys TO be applied In 1925, he repeated his
published letters the opinion that such power been
conferred upon Congress


President Madison, in message the House of Repree
taves of the Sd of March, 1877 assigning his objections to


bill entitled An act set apart and pledge certain funds
for internal improvements declares that the power 70 regu-
late commerce among the several States include


power to construct roads and canals and aBrore the aa


rgation o rater-courSeS, in order to facilitate promoe


and secure such commerce, without latitude of construc
ton departing from the ordinary import Of the terms


strengthened by the known nconveniences which doubtless
led to the grant of this remedial power to Congress


President Monroe in message to the House Of Repre-
sentaves OF the 4th of May, 1922 containing his objections to


bill entitled An act for the preservation and repair 6 the
Cumberland road" declares


Commerce between independent powers or communities
is universally regulated by duties and impos
gulaed by the States before the adoption this constitutions
equally respect 10 each other and foreign Powers The
goods aud vessels employed in the trade the only subjects
OF regulation. IL other. power then,
impose such duties and mposts in regard foreign nations
and to prevent any the trade between the States the
only power granted.


g we to the which produced the adoption of
this constitution shall find that injuries resulting from
regulation OF trade by the States respecyeIy and The adyn
nges anticipated from the ra7sr Of the power Congress-
were among those which had the weight Instead ofac
ing as nation in regard to foreign Powers the States ind
1oF
whereby the interests ooregn Powers promoted
expense one State imposed high duties on tie goods
such Power the adjoining States imposed lighter duties
to invite those articles into their ports that they ght be
70 themselves lhis contracted policy in Of the States
counteracted by others.
y laid such by the suffering States and thus
had grown state of affairs disorery and unnatural the
tendency Of which destroy the Lon tse and with it
all hope Of realizing those blessings which had anticipated
from the glorious revolution which had been recently achev
ed From this deplorabe dilemma rather certain ruin
happily rescued by the adoption Of the constitution


Among the first and most important effects of this great
revolution the complete abolition OF this perncious policy
The States were brought together BY the constitution
into community equally in regard to foreign
tons and each other The regulations that adopted
sarded US in both respects people The duties and inn
nations all uniform throughout the United States and
the intercourse between the States themselves duties of
kind imposed other than between different and
counties within the same State.


" This is supported by a series of measures, all of
marked character preceding the adoption of the constitution





States in the United States power levy duty of
five cent all goods imported from foreign countries into
the United States for the of fifteen years In 1888 this
recommendation, with alterations the kind OF duties and
extension of this twenty-five years. repeated and
earnestly urged In 1884 it recommended the
States TO authorize Congress prohibit under certain mod
catons the importation of goods from foreign Powers into the
United States Tor fifteen In 1885 the consideration OF
the subject resumed and proposition presented in
form, with address to the States explaining fully the prn
cipes which grant of the power regulate trade
deemed Indispensable In 1866 meeting took place at Anna
polls OF delegates from several of the States this subject
and their report the convention formed at Philadelphia
the ensuing from all the States 10 whose deliberations
are indebted for the present constitution


" In of these tie subject OF internal inn
proyement mentioned glanced Those Of l7S4 s.
and Z leading step BY the adoption OF the consu
ton had in view only the obtaining power to enable Con-
gress regulate trade with foreign Powers 1t is manifest
that the regulation trade with the several States alto
geher secondary object suggested by and adopted in
nexiolwh ths other II the power to this system
Improvement is included under either branch OF this grant,


should suppose that the first rather than the second
however, under that branch has been
up In support of the claim under the second
has been assigned which appears have the least weight"


Such is brief history Of the ogn, progress, and
quences Of system which for than thirty after the
adoption of the constitution unknown The greatest
baassment upon the subject consists IN the departure which
has taken place from the early construction of the constitution
and the precedens which found in the legislation of Con-
gress later wears President Jackson, in his the
Wabash river BILL declares that " to inherent embarrassments
have been added Others from the of legislation
cerning it, In his the Maysville road BILL the
Rockville road bill the Wabash river BILL and other bills OF
hc reversed preceJens which nynr