h is alone consistent with the constitution.
Although the power to regulate commerce does not give a power to build
piers, wharves, open ports, clear the beds of rivers, dig canals,
build warehouses, build manufacturing machines, set up manufactories,
cultivate the earth, to all of which the power would go if it went to
the first, yet a power to provide and maintain a navy is a power to
provide receptacles for it, and places to cover and preserve it. In
choosing the places where this money should be laid out, I should be
much disposed, as far as contracts will permit, to confine it to such
place or places as the ships of war may lie at, and be protected from
ice: and I should be for stating this in a message to Congress, in order
to prevent the effect of the present example. This act has been built on
the exercise of the power of building light-houses, as a regulation of
commerce. But I well remember the opposition, on this very ground, to
the first act for building a light-house. The utility of the thing has
sanctioned the infraction. But if on that infraction we build a second,
on that second a third, &c, any one of the powers in the constitution
may be made to comprehend every power of government. Will you read the
enclosed letters on the subject of New Orleans, and think what we can do
or propose in the case?
Accept my affectionate salutations. October 13, 1802.
LETTER CCCI.--TO LEVI LINCOLN, October 25, 1802
TO LEVI LINCOLN.
Washington, October 25, 1802.
Dear Sir,
Your favor of the 16th is received, and that of July the 24th had come
to hand while I was at Monticello. I sincerely condole with you on the
sickly state of your family, and hope this will find them re-established
with the approach of the cold season. As yet, however, we have had no
frost at this place, and it is believed the yellow fever still continues
in Philadelphia, if not in Baltimore. We shall all be happy to see you
here whenever the state of your family admits it. You will have seen by
the newspapers that we have gained ground generally in the elections,
that we have lost ground in not a single district of the United States
except Kent county in Delaware, where a religious dissension occasioned
it. In Jersey the elections are always carried by small majorities,
consequently the issue is affected by the smallest accidents. By the
paper of the last night we have a majority of three in their Council,
and one in their House of R
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