s 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 lawyers of his age, or of any age. It is no disparagement to
Mr. Polk, nor indeed to any one who devotes much time to politics, to
be placed far behind Chancellor Kent as a lawyer. His attitude was most
favorable to correct conclusions. He wrote coolly, and in retirement. He
was struggling to rear a durable monument of fame; and he well knew that
truth and thoroughly sound reasoning were the only sure foundations. Can
the party opinion of a party President on a law question, as this purely
is, be at all compared or set in opposition to that of such a man, in
such an attitude, as Chancellor Kent? This constitutional question will
probably never be better settled than it is, until it shall pass under
judicial consideration; but I do think no man who is clear on the
questions of expediency need feel his conscience much pricked upon this.

Mr. Chairman, the President seems to think that enough may be done, in
the way of improvements, by means of tonnage duties under State authority,
with the consent of the General Government. Now I suppose this matter
of tonnage duties is well enough in its own sphere. I suppose it may be
efficient, and perhaps sufficient, to make slight improvements and repairs
in harbors already in use and not much out of repair. But if I have any
correct general idea of it, it must be wholly inefficient for any general
beneficent purposes of improvement. I know very little, or rather nothing
at all, of the practical matter of levying and collect