ded to navigation, by whatsoever means, is but a subdivision of
the great question of the constitutionality and expediency of internal
improvements by the General Government. In confirmation of this it is to
be remarked that one of the most important acts of appropriation of this
class, that of the year 1833, under the Administration of President
Jackson, by including together and providing for in one bill as well
river and harbor works as road works, impliedly recognizes the fact that
they are alike branches of the same great subject of internal
improvements.
As the population, territory, and wealth of the country increased and
settlements extended into remote regions, the necessity for additional
means of communication impressed itself upon all minds with a force
which had not been experienced at the date of the formation of the
Constitution, and more and more embarrassed those who were most anxious
to abstain scrupulously from any exercise of doubtful power. Hence the
recognition in the messages of Presidents Jefferson, Madison, and Monroe
of the eminent desirableness of such works, with admission that some of
them could lawfully and should be conducted by the General Government,
but with obvious uncertainty of opinion as to the line between such
as are constitutional and such as are not, such as ought to receive
appropriations from Congress and such as ought to be consigned to
private enterprise or the legislation of the several States.
This uncertainty has not been removed by the practical working of our
institutions in later times; for although the acquisition of additional
territory and the application of steam to the propulsion of vessels have
greatly magnified the importance of internal commerce, this fact has at
the same time complicated the question of the power of the General
Government over the present subject.
In fine, a careful review of the opinions of all my predecessors and of
the legislative history of the country does not indicate any fixed rule
by which to decide what, of the infinite variety of possible river and
harbor improvements, are within the scope of the power delegated by
the Constitution; and the question still remains unsettled. President
Jackson conceded the constitutionality, under suitable circumstances, of
the improvement of rivers and harbors through the agency of Congress,
and President Polk admitted the propriety of the establishment and
support by appropriations from the Trea
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