n of one of
the lectures to the question of the authority of Congress to appropriate
public moneys for internal improvements. He mentions that the subject had
never been brought under judicial consideration, and proceeds to give a
brief summary of the discussion it had undergone between the legislative
and executive branches of the government. He shows that the legislative
branch had usually been for, and the executive against, the power, till
the period of Mr. J.Q. Adams's administration, at which point he considers
the executive influence as withdrawn from opposition, and added to the
support of the power. In 1844 the chancellor published a new edition of
his Commentaries, in which he adds some notes of what had transpired on
the question since 1826. I have not time to read the original text on
the notes; but the whole may be found on page 267, and the two or three
following pages, of the first volume of the edition of 1844. As to what
Chancellor Kent seems to consider the sum of the whole, I read from one of
the notes:

"Mr. Justice Story, in his Commentaries on the Constitution of the United
States, Vol. II., pp. 429-440, and again pp. 519-538, has stated at
large the arguments for and against the proposition that Congress have a
constitutional authority to lay taxes and to apply the power to
regulate commerce as a means directly to encourage and protect domestic
manufactures; and without giving any opinion of his own on the contested
doctrine, he has left the reader to draw his own conclusions. I should
think, however, from the arguments as stated, that every mind which has
taken no part in the discussion, and felt no prejudice or territorial bias
on either side of the question, would deem the arguments in favor of the
Congressional power vastly superior."

It will be seen that in this extract the power to make improvements is not
directly mentioned; but by examining the context, both of Kent and Story,
it will be seen that the power mentioned in the extract and the power to
make improvements are regarded as identical. It is not to be denied that
many great and good men have been against the power; but it is insisted
that quite as many, as great and as good, have been for it; and it is
shown that, on a full survey of the whole, Chancellor Kent was of opinion
that the arguments of the latter were vastly superior. This is but the
opinion of a man; but who was that man? He was one of the ablest and most
learned lawye