Among the first acts which passed Congress after the Federal

Government went into effect was that of August 7, 1789, providing "for

the establishment and support of light-houses, beacons, buoys, and

public piers." Under this act the expenses for the maintenance of

all such erections then in existence were to be paid by the Federal

Government and provision was made for the cession of jurisdiction over

them by the respective States to the United States. In every case since

before a light-house could be built a previous cession of jurisdiction

has been required. This practice doubtless originated from that clause

of the Constitution authorizing Congress "to exercise exclusive

legislation ... over all places purchased by the consent of the

legislature of the State in which the same shall be, for the erection of

forts, magazines, arsenals, dockyards, and other _needful buildings_."

Among these "_needful buildings_" light-houses must in fact have been

included.

The bare statement of these facts is sufficient to prove that no analogy

exists between the power to erect a light-house as a "needful building"

and that to deepen the channel of a river.

In what I have said I do not mean to intimate a doubt of the power of

Congress to construct such internal improvements as may be essentially

necessary for defense and protection against the invasion of a foreign

enemy. The power to declare war and, the obligation to protect each

State against invasion clearly cover such cases. It will scarcely be

claimed, however, that the improvement of the St. Clair River is within

this category. This river is the boundary line between the United States

and the British Province of Upper Canada. Any improvement of its

navigation, therefore, which we could make for purposes of war would

equally inure to the benefit of Great Britain, the only enemy which

could possibly confront us in that quarter. War would be a sad calamity

for both nations, but should it ever, unhappily, exist, the battles will

not be fought on the St. Clair River or on the lakes with which it

communicates.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan · 第 208 / 249 题