of placing the subject before Congress, with an estimate for
excavating a cut through the center of the new channel 150 feet in width
and 4-1/2 feet deep, so as to obtain from the river to the lake a depth
of 18 feet during seasons of extreme high water and 12 feet at periods
of extreme low water." It was not alleged that any present necessity
existed for this narrower cut in the bottom of the present channel,
but it is inferred that for the reason stated it may hereafter become
necessary. Captain Whipple's estimate amounted to $50,000, but Congress
by the bill have granted $55,000. Now, if no other objection existed
against this measure, it would not seem necessary that the appropriation
should have been made for the purpose indicated. The channel was
sufficiently deep for all practical purposes; but from natural causes
constantly operating in the lake, which I need not explain, this channel
is peculiarly liable to fill up. What is really required is that it
should at intervals be dredged out, so as to preserve its present depth;
and surely the comparatively trifling expense necessary for this purpose
ought not to be borne by the United States. After an improvement has
been once constructed by appropriations from the Treasury it is not too
much to expect that it should be kept in repair by that portion of the
commercial and navigating interests which enjoys its peculiar benefits.

The last report made by Captain Whipple, dated on the 13th September
last, has been submitted to Congress by the Secretary of War, and to
this I would refer for information, which is, upon the whole, favorable,
in relation to the present condition of the channel through the St.
Clair flats.

2. But the far more important question is, Does Congress possess the
power under the Constitution to deepen the channels of rivers and to
create and improve harbors for purposes of commerce?

The question of the constitutional power of Congress to construct
internal improvements within the States has been so frequently and
so elaborately discussed that it would seem useless on this occasion
to repeat or to refute at length arguments which have been so often
advanced. For my own opinions on this subject I might refer to President
Polk's carefully considered message of the 15th December, 1847,
addressed to the House of Representatives whilst I was a member of
his Cabinet.

The power to pass the bill in question, if it exist at all, must be
derived from