t the United States have no jurisdiction or power in the
new States other than in the old, nor can it be obtained except by an
amendment of the Constitution.

Since, then, it is manifest that the power granted to Congress to
dispose of and make all needful regulations respecting the territory
and other property of the United States relates solely to the territory
and property which had been ceded by individual States, and which after
such cession lay without their respective limits, and for which special
provision was deemed necessary, the main power of the Constitution
operating internally, not being applicable or adequate thereto, it
follows that this power gives no authority, and has even no bearing on
the question of internal improvement. The authority to admit new States
and to dispose of the property and regulate the territory is not among
the enumerated powers granted to Congress, because the duties to be
performed under it are not among the ordinary duties of that body, like
the imposition of taxes, the regulation of commerce, and the like. They
are objects in their nature special, and for which special provision was
more suitable and proper.

Having now examined all the powers of Congress under which the right
to adopt and execute a system of internal improvement is claimed and
the reasons in support of it in each instance, I think that it may
fairly be concluded that such a right has not been granted. It appears
and is admitted that much may be done in aid of such a system by the
right which is derived from several of the existing grants, and more
especially from that to appropriate the public money. But still it is
manifest that as a system for the United States it can never be carried
into effect under that grant nor under all of them united, the great
and essential power being deficient, consisting of a right to take up
the subject on principle; to cause our Union to be examined by men of
science, with a view to such improvements; to authorize commissioners to
lay off the roads and canals in all proper directions; to take the land
at a valuation if necessary, and to construct the works; to pass laws
with suitable penalties for their protection; and to raise a revenue
from them, to keep them in repair, and make further improvement by the
establishment of turnpikes and tolls, with gates to be placed at the
proper distances.

It need scarcely be remarked that this power will operate, like many
others now ex