Great
calamities make appeals to the benevolence of mankind which ought not
to be resisted. Good offices in such emergencies exalt the character
of the party rendering them. By exciting grateful feelings they soften
the intercourse between nations and tend to prevent war. Surely if the
United States have a right to make war they have a right to prevent it.
How was it possible to grant to Congress a power for such minor purposes
other than in general terms, comprising it within the scope and policy
of that which conveyed it for the greater?
The right of appropriation is nothing more than a right to apply the
public money to this or that purpose. It has no incidental power, nor
does it draw after it any consequences of that kind. All that Congress
could do under it in the case of internal improvements would be to
appropriate the money necessary to make them. For every act requiring
legislative sanction or support the State authority must be relied on.
The condemnation of the land, if the proprietors should refuse to sell
it, the establishment of turnpikes and tolls, and the protection of the
work when finished must be done by the State.
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