the war, and produced the bill in question, intended as the commencement of a system of internal improvements on a large scale.

President's objections to the bill. The president's objections to the bill, resulting from a limited construction of the constitution, were, that the legislative powers enumerated in the 8th section of the first article, do not embrace the object in question; and that it does not fall by any just interpretation, within the general provision, to make such laws as are necessary and proper to carry into execution the specified objects of legislation; that the power to regulate commerce among the several states, cannot include a power to construct roads and canals, and improve the navigation of water courses, without a latitude of construction departing from the ordinary import of the terms; that to refer the power in question to the clause," to provide for the common defense and general welfare," would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follows, nugatory and improper; that such a construction would have the effect of giving congress & general power of legislation instead of a defined and limited one, the terms common defense and general welfare, embracing every object within the purview of legislation : that it would have the effect of subjecting the constitutions and laws of the several states, in all cases not specifically exempted, to be superseded by the laws of congress, and of excluding the national judiciary, from its important and appropriate office of guarding the boundaries between the legislative powers of the general and state governments; questions relating to the general welfare, being questions of policy and expediency, unsusceptible of judicial cognizance and decision. A restriction of the power to such cases as are to be provided for by the expenditure of money, the president observes, is still less definite, money being the necessary means, by which all the great and important objects of government are to be accomplished. If the power claimed, with the train of powers incident thereto, be not given to congress by the constitution, the assent of the states, within whose limits the improvements are to be made, cannot confer the power; the only instance where such assent can enlarge the powers of congress, having relation to the admission of new states into the union, taken from one or more of the then existing states. Having

assigned his reasons for withholding his assent to the bill, the president remarks, that such a power might be exercised by the national legislature, with signal advantage to the general prosperity, and recommends an amendment of the constitution to that effect.

In the house of representatives, on the final question, shall the bill pass, the president's objections notwithstanding? the yeas were 60, noes 56; two-thirds being necessary to decide the question affirmatively, the bill was lost.

Report of a committee of the house of representatives on internal improvements. At the commencement of the first session of the succeeding congress, Mr. Monroe stated, that his opinion on this subject coincided with that of his predecessor, and recommended an amendment of the constitution, vesting congress with the necessary powers. In the house of representatives, the subject was referred to a select committee, who, after stating that the house ought to form their opinion, independently, and uninfluenced by the executive; and strongly intimating that the president's remarks were an improper interference with their appropriate duties, reported, that in their opinion, congress already had the power to lay out, construct, and improve military and post roads, and make canals through the several states, with their assent, for the conveyance of the mails; for the more safe and easy transportation of military stores, in time of war; and for promoting and giving security to internal commerce, leaving, in all cases, the jurisdictional rights of the soil in the respective states.

This opinion, they claim, is supported both by principle and precedent. The power of laying out and constructing post-roads, they contend, is contained in that clause of the constitution, which empowers congress to establish postoffices and post-roads. This necessarily embraces the power of providing for the transportation of the mails. Had congress no power to provide roads for this purpose, it would be in the power of the state authorities, by discontinuing, or refusing to open the necessary highways, to obstruct the transportation of the mails, and defeat one important object of the government. The power of opening and improving military roads in time of war, has never been questioned; but has always been admitted to be necessary for the transportation of armies, and their appendages, from one point of operation to another. If such a power is incident to a state of war, the committee claim it exists in time of peace, as a necessary preparation for war.

If necessary to resort to a liberal construction of the constitution, this is a case, the committee claim, which peculiarly requires it. It was impossible for the framers of that instrument to comprehend all the cases, to which the powers of congress ought to be extended, in order to attain the ultimate object, stated to be "the general welfare.” In the course of the widely diversified and extended interests of the union, it would be necessary to legislate upon a variety of subjects, which could not be distinctly foreseen; therefore, in the preamble, and in the clause designating the objects for which money was to be appropriated, the most general and comprehensive expressions were used, on purpose to include unforeseen and undefined objects, and exclude such a narrow construction of the constitution, as would render frequent amendments necessary.

Power is given to levy and collect taxes to provide for the common defense, and general welfare of the United States. Terms more general and unlimited could not well be used, in relation to the expenditure of money; and under this head, moneys have been freely expended in purchasing a library, and expensive paintings to decorate the hall of Congress, and for a great variety of objects, not specifically pointed out in the constitution.

The precedents adduced in support of the opinion of the committee, were, the act of congress of March, 1806, providing for the laying out and constructing a road from Cumberland, in the state of Maryland, to the Ohio river; and, although this was done in consequence of a compact between the United States and the state of Ohio, at the time it was admitted into the Union, yet such a compact would have no validity, unless congress possessed the power in question.

The acts of the 21st of April, 1806, and 3d of March, 1817, authorizing roads to be opened from Nashville and Reynoldsburgh, in the state of Tennessee, to different points in the Missisippi territory. A military road from Pittsburgh to Sacket's harbor, in the state of New York. One of the first acts of Mr. Monroe's presidency, was the ordering of this road to be opened and improved. These precedents, showing the sense both of the legislative and the executive branches of the government on the subject in question, though they could not sanction a construction of the constitution manifestly erroneous, go far to establish the posi tions laid down by the committee.

On the subject of canals, they remark, that most of the arguments in favor of roads are appropriate, and in some instances apply with superior force. The power to make roads and canals, to facilitate the internal commerce of the states, is no less incident to the power of regulating that commerce, than many of the powers exercised under the head of regulating foreign commerce, are to that object.

The embarrassments of the nation during the war, for the want of the means of internal communication, both in relation to trade, and the transportation of military stores, have been too recently felt to be forgotten. Vested with the power of making war, the constitution never could have intended that the general government should make it under such disadvantages. With a navy yet insufficient to insure the safe conveyance, coastwise, of troops and military stores, the United States have been compelled, from the want of an internal water communication, which is acknowledged to be practicable, to encounter the most wasteful and extravagant expenses in the transportation of the means of defense. From the same cause, the internal trade between the states has been embarrassed, and in a great measure cut off in time of war, so that the productions of one portion of the community have rotted on their hands, while another was suffering for the want of them.

The report concludes with a resolution, declaring it expedient to appropriate the revenue of the United States bank, belonging to the government, to the purposes of internal improvement. The reasoning of the committee was acquiesced in, and no amendment of the constitution deemed necessary.

Admission of Mississippi. At this session the Mississippi territory was divided, and the western section authorized to form a constitution, and make the necessary arrangements for admission into the union; and at the next was received, and constituted the state of Mississippi; the eastern district was formed into a territorial government, and denominated Alabama.

Result of the presidential election. On the 12th of February, the two houses met in convention in the hall of the house of representatives, for the purpose of opening and counting the votes for president and vice president of the United States. The president of the senate took the speaker's chair, and presided in the convention. The whole number of votes for president were 217, of which James Monroe had 183, and Rufus King 34. Daniel T. Tompkins

had 183 votes for vice president, and thereupon Mr. Monroe was declared to be duly elected president, and Mr. Tompkins vice president of the United States for four years, commencing the 4th of March, A. D. 1817.

Inaugural address. Upon that day, the senate, having been previously summoned, met, and the president elect, in the presence of the senate, most of the members of the house of representatives, the heads of departments, the judges of the supreme court, foreign ministers, and a large concourse of citizens, delivered an inaugural address, taking a view of the present prosperous state of the nation, approving the general course of his predecessor's administration, and enumerating the measures he deemed necessary to secure and perpetuate the public safety and happiness. He then took the oath of office, administered to him by the chief justice, "faithfully to execute the office of president, and according to the best of his abilities to preserve, protect, and defend the constitution of the United States."

Mr. Monroe's policy regarding appointments. Mr. Monroe commenced his administration under very favorable auspices. He had been elected by more than five sixths of the electoral votes, and with greater unanimity than any president since the days of Washington. The nation was more respected abroad, and more happy and flourishing at home, than at any former period. The object of the meeting of the senate on the 4th of March, was the formation of the cabinet under the new administration. Much anxiety existed, especially among the candidates for office, as to the course the new president would pursue in his nominations. On the one hand he was strongly pressed by those who had been most influential in procuring his election, and who considered themselves entitled to consideration in his appointments, to keep up the old distinctions of party, and exclude federalists from office. They urged their merits and exertions in bringing about the present state of things; the importance of preserving union in their ranks, and the necessity of having the chief magistrate served by those who were disposed to promote, rather than thwart his views. The other course presented an opportunity of making a much better selection. As there were now no political questions of importance on which the parties differed, the Washington policy of calling the best talents of the nation into public service, without distinction of party, might safely be adopted: and Mr. Monroe was now invited, by every consideration, to take the high, and honorable ground of chief