granted powers? All the granted powers, it is
confidently affirmed, may be effectually executed
without the aid of such an incident. “A
power, to be incidental, must not be exercised for
ends which make it a principal or substantive power,
independent of the principal power to which it is
an incident.” It is not enough that it may
be regarded by Congress as convenient or that
its exercise would advance the public weal. It
must be necessary and proper to the execution
of the principal expressed power to which it is an
incident, and without which such principal power can
not be carried into effect. The whole frame of
the Federal Constitution proves that the Government
which it creates was intended to be one of limited
and specified powers. A construction of the Constitution
so broad as that by which the power in question is
defended tends imperceptibly to a consolidation of
power in a Government intended by its framers to be
thus limited in its authority. “The obvious
tendency and inevitable result of a consolidation of
the States into one sovereignty would be to transform
the republican system of the United States into a
monarchy.” To guard against the assumption
of all powers which encroach upon the reserved sovereignty
of the States, and which consequently tend to consolidation,
is the duty of all the true friends of our political
system. That the power in question is not properly
an incident to any of the granted powers I am fully
satisfied; but if there were doubts on this subject,
experience has demonstrated the wisdom of the rule
that all the functionaries of the Federal Government
should abstain from the exercise of all questionable
or doubtful powers. If an enlargement of the
powers of the Federal Government should be deemed
proper, it is safer and wiser to appeal to the States
and the people in the mode prescribed by the Constitution
for the grant desired than to assume its exercise
without an amendment of the Constitution. If
Congress does not possess the general power to construct
works of internal improvement within the States, or
to appropriate money from the Treasury for that purpose,
what is there to exempt some, at least, of the objects
of appropriation included in this bill from the operation
of the general rule? This bill assumes the existence
of the power, and in some of its provisions asserts
the principle that Congress may exercise it as fully
as though the appropriations which it proposes were
applicable to the construction of roads and canals.
If there be a distinction in principle, it is not
perceived, and should be clearly defined. Some
of the objects of appropriation contained in this bill
are local in their character, and lie within the limits
of a single State; and though in the language of the
bill they are called harbors, they are not
connected with foreign commerce, nor are they places
of refuge or shelter for our Navy or commercial marine
on the ocean or lake shores. To call the mouth