o the House of
Representatives.

It appears not probable that the abstinence of Congress in this respect
is attributable altogether to considerations of economy or to any
failure to perceive that the removal of an obstacle to navigation might
be not less useful than the indication of it for avoidance, and it may
be well assumed that the course of legislation so long pursued was
induced, in whole or in part, by solicitous consideration in regard to
the constitutional power over such matters vested in Congress.

One other peculiarity in this course of legislation is not less
remarkable. It is that when the General Government first took charge of
lighthouses and beacons it required the works themselves and the lands
on which they were situated to be ceded to the United States. And
although for a time this precaution was neglected in the case of new
works, in the sequel it was provided by general laws that no light-house
should be constructed on any site previous to the jurisdiction over the
same being ceded to the United States.

Constitutional authority for the construction and support of many of the
public works of this nature, it is certain, may be found in the power
of Congress to maintain a navy and provide for the general defense; but
their number, and in many instances their location, preclude the idea of
their being fully justified as necessary and proper incidents of that
power. And they do not seem susceptible of being referred to any other
of the specific powers vested in Congress by the Constitution, unless it
be that to raise revenue in so far as this relates to navigation. The
practice under all my predecessors in office, the express admissions of
some of them, and absence of denial by any sufficiently manifest their
belief that the power to erect light-houses, beacons, and piers is
possessed by the General Government. In the acts of Congress, as we
have already seen, the inducement and object of the appropriations
are expressly declared, those appropriations being for "light-houses,
beacons, buoys, and public piers" erected or placed "within any bay,
inlet, harbor, or port of the United States for rendering the navigation
thereof easy and safe."

If it be contended that this review of the history of appropriations
of this class leads to the inference that, beyond the purposes of
national defense and maintenance of a navy, there is authority in the
Constitution to construct certain works in aid of navigat