Joseph Story: Powers of Congress - Internal Improvements

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* NOW - Buy this resource online! Click here * Powers of Congress - Internal Improvements§ 1267.§ 1268.§ 1269.§ 1270.§ 1271.§ 1272.§ 1273.§ 1274.§ 1275.§ 1276. FOOTNOTES
   1. Hamilton's Report on Manufactures, 1791, 1 Hamilton's Works, 231, 232; 1 Kent's Comm. Lect. 12, p. 250, 251, (2ed. p. 267, 268;) Sergeant on Constitution, ch. 28, [ch. 30;] President Monroe's Exposition and Message, 4th May, 1822, p. 38, 39.
   2. See 1 Kent's Comm. Lect. 12, p. 250, 251; Sergeant on Constitution, ch. 28, [ch. 30, ed. 1830;] 2 U.S. Law Journal, April, 1826, p. 251, etc.; 3 Elliot's Debates, 309, 310; 4 Elliot's Debates, 244, 265, 279, 291, 356; Webster's Speeches, p. 392 to 397.
   3. See M'Culloch v. Maryland, 4 Wheat R. 406, 407, 413 to 421; Webster's Speeches, p. 392 to 397; 4 Elliot's Debate. 280.
   4. Journal of Convention, p. 260, 376.
   5. President Madison's Message. 3d March, 1817; 4 Elliot's Debates, 280, 281; President Monroe's Message, 4th May, 1822, p. 22 to 35; President Jackson's Message, 27th May, 1830; 4 Elliot's Debates, 333, 334. 335; 1 Kent's Comm. Lect. 12, p. 250, 251; 4 Elliot's Debates, 291, 292, 354, 355; Sergeant on Constitution, ch. 28, [ch. 30 ;] 4 Jefferson's Corresp. 421. — President Monroe, in his elaborate Exposition accompanying his Message of the 4th of May, 1822, denies the independent right of congress to construct roads and canals; but asserts in the strongest manner their right to appropriate money to such objects. His reasoning for the latter is thought by many to be quite irresistible in favour of the former. See the message from page. 35 to page 47. One short passage may be quoted. "Good roads and canals will promote many very important national purposes. They will facilitate the operations of war; the movements of troops; the transportation of cannon, of provisions and every warlike store, much to our advantage, and the disadvantage of the enemy in time of war. Good roads will facilitate the transportation of the mail, and thereby promote the purposes of commerce and political intelligence among the people. They will, by being properly directed to these objects, enhance the value of our vacant lands, a treasure of vast resource to the nation." This is the very reasoning, by which the friends of:. the general power support its constitutionality.
   6. 4 Jefferson's Corresp. 421; 1 Kent's Comm. Lect. 12, p. 250, 251.
   7. United States v. Fisher, 2 Cranch, 358; 1 Peters's Condensed Rep. 421; Harrison v. Sterry, 5 Cranch, 289; 2 Peters's Condensed Rep. 260; 1 Kent's Comm. Lect. 19, p. 229 to 233.
   8. Postmaster-General v. Early, 12 Wheat. R. 136.
   9. See Dugan v. United States, 3 Wheat. R. 173, 179; United States v. Buford, 3 Peters's R. 12, 30; United State: v. Tingey, 5 Peters's R. 115, 127, 128.
   10. Cox v. United States, 6 Peters's R. 172.
   11. United States v. Tingey, 5 Peters's R. 115, 128.
   12. Act of 1st June, 1789, ch. 1.
   13. 4 Elliot's Deb. 139, 140, 141; 1 Lloyd's Deb. 218 to 225.
   14. 4 Elliot's Debates, 238, 239, 240.
   15. Elliot's Debates, 240. See Id. 265.
   16. 4 Jefferson's Corresp. 499.