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OF such roads and canals the President "may deem OF
national Importance in commercial military point OF view,
or necessary lor the transportation Of the mails" This
evidently looked to the adoption Of general system Of inter
nal improvements to embrace roads and canals well
bors and rivers On the 26h May 1924 an was passed
making appropriations for deepening the channel leading
into the harbor OF Presque e the State Pennsy vana
and TO repar Plymouth Beach, in the State of Massachu
se ana thereby prevent the harbor that place from being
destroyed"


President Monroe yielded his approval to these measures
though he entertained and had in message the House
Representatives the 4h of May 1922 expressed the opn
ION mat the constitution had conferred upon Congress the
power to adopt and system Of internal improve
ments lie placed his approval upon the ground, that
congress possessed the power to adopt and execute such


system by virtue of all of the enumerated grants
power in the constitutions but upon the assumption that the
power to mako appropriations OF lle public uy limited
and restrained only by the discretion of Congress- In coming
this conclusion he avowed that in the early stage
the Government he had entertained different opinion. He
avowed that his first opinion had beep that as the National
Government Is government Of limited powers it has no right
expend money except in the performance Of acts authorized
by the other specific grants according strict construction
OF their powers and that the power to make appropriations
gave to Congress discretionary authority TO apply the pub


a0 Shs n q the eS es
sound views, which Mr.. Monroe entertained in the early
stage Of the Government" he gave up 1922 and declared
that


"Ihe right OF appropriation is nothing than right
to apply the public this that purpose 1t has
incidental power does it draw after any consequences
OF All that Congress could do under the
ease oil internal improvements would be appropriate the
money necessary to make them For any requiring legs
latye sanction support the State authority be relied
The condemnation of the land if the propretors should
refuse sell ii, the establishment of turnpkes tolls and
the protection of the work when finished be done by the
State To these purposes the powers of the General Govern
ment are believed to be utterly incompetent"


But il impossible conceive wha, principle the power
of appopang public money when in the Treasury be
construed TO extend to objects for which the constitution does
not authorize Congress to levy mposs raise
ney The power of appropriation is but the consequence of
the power raise money and the inquiry is whether
Congress has the right levy taxes for the object which
power is claimed.


During the four succeeding years embraced by the admins
taon of President Adams the power only appropriate
money, but to apply it. under the direction and authority of
the General Government well to the construction Of roads
to the improvement of harbors and rivers fully
cd and exercised.


Among other acts assuming the power, passed
the twentieth of May 1926, entitled " An act for improving
certain habor and the navigation of certain and creeks
and for authorizing surveys made of certain bays sounds
and rivers therein mentioned" BY that large appropra
ons made, which to be appcd under the rec
ton Of the President of the United States numerous
povements in Of the States This act passed thirty
after the organization of the present Government
ained the first appropriation made for the improvement
navgabe river, unless it be small appropriations for
amnaons and surveys in 1920 During the residue Of that
Administration many other appropriations of similar charac-
ter made embracing roads, rivers habor and canals
and objects claiming the aid of Congress multiplied without
number.





unyea opinion of the trainers of the constitution had FOR
than thirty years thrown in the way Of the assumption of this
power by Congress The general mind of Congress and the
country did not appreciate the distinction taken by President
Monroe between the right to appropriate money for object
and the right to apply and expend without the embarass
ment and delay Of applications TO the State Governments
Probably instance occurred in which such application
made and the oodgaes being thus hoed the principle
laid down by him dsregaded, and applications for aid
from the Treasury, virtually TO make harbors well
improve them clear out rivers cut canals, and construct
roads poured into Congress in torrents until arrested by the
veto of President Jackson His veto Of the Maysvile road
bill followed up by his refusal to sign the " act making
appropriations for building lighthouses ghtboats, beacons
and monuments, placing buoys improving harbors and d.
recng surveys authorizing subscription for stock
in the Louisville and Portland Canal Company !" can act
for the improvement Of certain harbors and the navigation of
certain rivers " and finally act to improve the navigation
the Wabash river In his objections the act named
he says


esThe desire embark Federal Government in works
of internal improvement prevailed in the highest degree du
ring the first session Of the first Congress that had the honor
to meet in present situation When the bill authorizing


subscription the part of the United States for stock in the
Mayslle and Lexington Turnpike Company passed the two
Houses there had been reported by the Committees In
ternal Improvements bills containing appropriations for such
Objects exclusive Of those for the Cumberland Road and for
harbors lighthouses the of about hundred
aud six millions of dollars In this included
thoriy the Secretary Of the Treasury to subscribe for the
stock of different companies great extent and residue
principally for the direct construction OF roads by this
Government In addition these projects which have been
the Houses under the sanction and
mendatiun their respective Committees Internal I'm
provements there then still pending before the commit
tees and in memorials Congress- presented but refer
red, different for works OF similar character, the
expense Of which be estimated with certainty but
have exceeded one hundred millions OF dollars"


Thus within the brief period of less than ten years after
the commencement Of internal improvements by the General
Government The asked for from the Treasury for
projects amounted 10 than two hundred millions Of dol
lars President acksons powerful and dnteested appeals
his country appear have put down forever the assump
ton of power 10 make roads and cut canals and to have
checked the prevalent disposition to bring all rivers in any de-
gree navgabe within the control Of the General Government
But field for expendng the public money and in
creasing the power and patronage of this Government
left open in the concession of limited power Of Con
gress to improve habors and Tiversa field which millions
will not erze the satisfaction Of those local and specuat
ing interests by which these projects in general gotten
There be just and equal distribution of public bur-
dens and benefits under such SYSTEM the States be
relieved from the danger Of fatal cncroachment the Uni
ted States from the equal danger Of consolidation, otherwise
than by an Of the system and the doctrines
and practices which prevailed during the first thirty years Of
the Government.


How focbly does the history Of this subject illustrate the
tendency Of power in the hands of the Gen
era Government The power improve their habors
and rivers was clearly reserved the States who be
aided by tonnage duties levied and collected by themselves
with the consent Of Congress For thirty -four years improve
were carried under that system, and careful
Congress interfere, under any implied power, with the
soil jurisdiction of the States that they did not
the power TO lighthouses build piers without
first purchasing the ground, with the Of the States
"A