Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/157

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CH. XXVI.]
POWERS OF CONGRESS—ROADS, &C.
149

CHAPTER XXVI.

POWERS OF CONGRESS—INTERNAL IMPROVEMENTS.

§ 1267. Another question, which has for a long time agitated the public councils of the nation, is, as to the authority of congress to make roads, canals, and other internal improvements.

§ 126S. So far, as regards the right to appropriate money to internal improvements generally, the subject has already passed under review in considering the power to lay and collect taxes. The doctrine there contended for, which has been in a great measure borne out by the actual practice of the government, is, that congress may appropriate money, not only to clear obstructions to navigable rivers; to improve harbours; to build breakwaters; to assist navigation; to erect forts, light-houses, and piers; and for other purposes allied to some of the enumerated powers; but may also appropriate it in aid of canals, roads, and other institutions of a similar nature, existing under state authority. The only limitations upon the power are those prescribed by the terms of the constitution, that the objects shall be for the common defence, or the general welfare of the Union. The true test is, whether the object be of a local character, and local use; or, whether it be of general benefit to the states.[1] If it be purely
  1. Hamilton's Report on Manufactures, 1701, 1 Hamilton's Works, 231,232; 1 Kent's Comm. Lect. 12, p. 250, 251, (2 ed. p. 267, 208;) Sergeant on Constitution, ch. 28, [ch. 30;] President Monroe's Exposition and Message, 4th May, 1822, p. 38, 39