seem to conduce to the public good is an error into
which even honest minds are too apt to fall.
In yielding themselves to this fallacy they overlook
the great considerations in which the Federal Constitution
was founded. They forget that in consequence of
the conceded diversities in the interest and condition
of the different States it was foreseen at the period
of its adoption that although a particular measure
of the Government might be beneficial and proper in
one State it might be the reverse in another; that
it was for this reason the States would not consent
to make a grant to the Federal Government of the general
and usual powers of government, but of such only as
were specifically enumerated, and the probable effects
of which they could, as they thought, safely anticipate;
and they forget also the paramount obligation upon
all to abide by the compact then so solemnly and, as
it was hoped, so firmly established. In addition
to the dangers to the Constitution springing from
the sources I have stated, there has been one which
was perhaps greater than all. I allude to the
materials which this subject has afforded for sinister
appeals to selfish feelings, and the opinion heretofore
so extensively entertained of its adaptation to the
purposes of personal ambition. With such stimulants
it is not surprising that the acts and pretensions
of the Federal Government in this behalf should sometimes
have been carried to an alarming extent. The
questions which have arisen upon this subject have
related—
First. To the power of making internal improvements
within the limits of a State, with the right of territorial
jurisdiction, sufficient at least for their preservation
and use.
Second. To the right of appropriating money in
aid of such works when carried on by a State or by
a company in virtue of State authority, surrendering
the claim of jurisdiction; and
Third. To the propriety of appropriation for
improvements of a particular class, viz, for light-houses,
beacons, buoys, public piers, and for the removal
of sand bars, sawyers, and other temporary and partial
impediments in our navigable rivers and harbors.
The claims of power for the General Government upon
each of these points certainly present matter of the
deepest interest. The first is, however, of much
the greatest importance, inasmuch as, in addition to
the dangers of unequal and improvident expenditures
of public moneys common to all, there is superadded
to that the conflicting jurisdictions of the respective
governments. Federal jurisdiction, at least to
the extent I have stated, has been justly regarded
by its advocates as necessarily appurtenant to the
power in question, if that exists by the Constitution.
That the most injurious conflicts would unavoidably
arise between the respective jurisdictions of the State
and Federal Governments in the absence of a constitutional
provision marking out their respective boundaries
can not be doubted. The local advantages to be