Internal Improvement.—Bonus Bill.
Mr. PICKERING. He remembered that the supposition that Congress might, under that clause, exercise the power of making roads in any state, and where they pleased, was offered as a serious objection to the adoption of the Constitution, in the Convention of Pennsylvania, of which Mr. P. (then living in that state) was a member. And his recollection was probably the more perfect because he answered the objection, observing, that the power "to establish post-offices and post-roads" could intend no more than the power to direct where post-offices should be kept, and on what roads the mails should be carried and this answer appeared, then, to be entirely satisfactory.
Mr. CLAY. As to the constitutional point which had been made, he had not a doubt on his mind. It was a sufficient answer to say, that the power was not now to be exercised. It was proposed merely to designate the fund, and, from time to time, as the proceeds of it came in, to invest them in the funded debt of the United States. It would thus be accumulating, and Congress could, at some future day, examine into the constitutionality of the question; and if it has the power, it would exercise it; if it has not, the Constitution, there could be very little doubt, would be so amended as to confer it. It was quite obvious, however, that Congress might so direct the application of the fund, as not to interfere with the jurisdiction of the several states, and thus avoid the difficulty which had been started. It might distribute it among those objects of private enterprise which called for national patronage, in the form of subscriptions to the capital stock of incorporated companies, such as that of the Delaware and Chesapeake Canal, and other similar institutions. Perhaps that might be the best way to employ the fund ; but he repeated that this was not the time to go into that inquiry.
Mr. PICKERING. It has been said that the last clause but one, in the 8th section of the 1st article, expressly mentions "the erection of forts, arsenals, dock-yards, magazines, and other needful buildings;" but whoever will examine that clause, will perceive that it does not give Congress any power to erect those works, but simply to exercise exclusive legislation over the places where they are erected, such place having been previously purchased with the consent of the states in which the same shall be. The power to erect such works and buildings is nowhere expressed in the Constitution. It is, then, an implied power, whose existence is recognized by the Constitution itself. But where can it be found, unless it is involved in the express powers to regulate commerce, and provide for the common defence? Without navigation, without commerce by sea, we should need no lighthouses, beacons, or piers.
If, then, it was constitutional to erect the works which have been men- tioned, to give facility, safety, and expedition to commerce by sea, will any one deny the constitutional power of Congress to erect similar works on our interior waters on the great lakes?