A difference of opinion has existed from the first formation
of our Constitution to the present time among our most enlightened and
virtuous citizens respecting the right of Congress to establish such a
system of improvement. Taking into view the trust with which I am now
honored, it would be improper after what has passed that this discussion
should be revived with an uncertainty of my opinion respecting the
right. Disregarding early impressions, I have bestowed on the subject
all the deliberation which its great importance and a just sense of my
duty required, and the result is a settled conviction in my mind that
Congress do not possess the right. It is not contained in any of the
specified powers granted to Congress, nor can I consider it incidental
to or a necessary means, viewed on the most liberal scale, for carrying
into effect any of the powers which are specifically granted. In
communicating this result I can not resist the obligation which I feel
to suggest to Congress the propriety of recommending to the States
the adoption of an amendment to the Constitution which shall give to
Congress the right in question.
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