第 13 节
作者:翱翔1981      更新:2021-02-19 00:44      字数:9322
  improvements。  The driving a pirate from the track of commerce on
  the broad ocean; and the removing of a snag from its more narrow
  path in the Mississippi River; cannot; I think; be distinguished
  in principle。  Each is done to save life and property; and for
  nothing else。
  The navy; then; is the most general in its benefits of all this
  class of objects; and yet even the navy is of some peculiar
  advantage to Charleston; Baltimore; Philadelphia; New York; and
  Boston; beyond what it is to the interior towns of Illinois。  The
  next most general object I can think of would be improvements on
  the Mississippi River and its tributaries。  They touch thirteen
  of our States…Pennsylvania; Virginia; Kentucky; Tennessee;
  Mississippi; Louisiana; Arkansas; Missouri; Illinois; Indiana;
  Ohio; Wisconsin; and Iowa。  Now I suppose it will not be denied
  that these thirteen States are a little more interested in
  improvements on that great river than are the remaining
  seventeen。  These instances of the navy and the Mississippi River
  show clearly that there is something of local advantage in the
  most general objects。  But the converse is also true。  Nothing is
  so local as to not be of some general benefit。  Take; for
  instance; the Illinois and Michigan Canal。  Considered apart from
  its effects; it is perfectly local。  Every inch of it is within
  the State of Illinois。  That canal was first opened for business
  last April。  In a very few days we were all gratified to learn;
  among other things; that sugar had been carried from New Orleans
  through this canal to Buffalo in New York。  This sugar took this
  route; doubtless; because it was cheaper than the old route。
  Supposing benefit of the reduction in the cost of carriage to be
  shared between seller and the buyer; result is that the New
  Orleans merchant sold his sugar a little dearer; and the people
  of Buffalo sweetened their coffee a little cheaper; than before;…
  …a benefit resulting from the canal; not to Illinois; where the
  canal is; but to Louisiana and New York; where it is not。  In
  other transactions Illinois will; of course; have her share; and
  perhaps the larger share too; of the benefits of the canal; but
  this instance of the sugar clearly shows that the benefits of an
  improvement are by no means confined to the particular locality
  of the improvement itself。  The just conclusion from all this is
  that if the nation refuse to make improvements of the more
  general kind because their benefits may be somewhat local; a
  State may for the same reason refuse to make an improvement of a
  local kind because its benefits may be somewhat general。  A State
  may well say to the nation; 〃If you will do nothing for me; I
  will do nothing for you。〃  Thus it is seen that if this argument
  of 〃inequality〃 is sufficient anywhere; it is sufficient
  everywhere; and puts an end to improvements altogether。  I hope
  and believe that if both the nation and the States would; in good
  faith; in their respective spheres do what they could in the way
  of improvements; what of inequality might be produced in one
  place might be compensated in another; and the sum of the whole
  might not be very unequal。
  But suppose; after all; there should be some degree of
  inequality。  Inequality is certainly never to be embraced for its
  own sake; but is every good thing to be discarded which may be
  inseparably connected with some degree of it?  If so; we must
  discard all government。  This Capitol is built at the public
  expense; for the public benefit; but does any one doubt that it
  is of some peculiar local advantage to the property…holders and
  business people of Washington?  Shall we remove it for this
  reason?  And if so; where shall we set it down; and be free from
  the difficulty?  To make sure of our object; shall we locate it
  nowhere; and have Congress hereafter to hold its sessions; as the
  loafer lodged; 〃in spots about〃?  I make no allusion to the
  present President when I say there are few stronger cases in this
  world of 〃burden to the many and benefit to the few;〃 of
  〃inequality;〃 than the Presidency itself is by some thought to
  be。  An honest laborer digs coal at about seventy cents a day;
  while the President digs abstractions at about seventy dollars a
  day。  The coal is clearly worth more than the abstractions; and
  yet what a monstrous inequality in the prices!  Does the
  President; for this reason; propose to abolish the Presidency?
  He does not; and he ought not。  The true rule; in determining to
  embrace or reject anything; is not whether it have any evil in
  it; but whether it have more of evil than of good。  There are few
  things wholly evil or wholly good。  Almost everything; especially
  of government policy; is an inseparable compound of the two; so
  that our best judgment of the preponderance between them is
  continually demanded。  On this principle the President; his
  friends; and the world generally act on most subjects。  Why not
  apply it; then; upon this question?  Why; as to improvements;
  magnify the evil; and stoutly refuse to see any good in them?
  Mr。 Chairman; on the third position of the message the
  constitutional questionI have not much to say。  Being the man I
  am; and speaking; where I do; I feel that in any attempt at an
  original constitutional argument I should not be and ought not to
  be listened to patiently。  The ablest and the best of men have
  gone over the whole ground long ago。  I shall attempt but little
  more than a brief notice of what some of them have said。  In
  relation to Mr。 Jefferson's views; I read from Mr。 Polk's veto
  message:
  〃President Jefferson; in his message to Congress in 1806;
  recommended an amendment of the Constitution; with a view to
  apply an anticipated surplus in the treasury 'to the great
  purposes of the public education; roads; rivers; canals; and such
  other objects of public improvement as it may be thought proper
  to add to the constitutional enumeration of the federal powers';
  and he adds: 'I suppose an amendment to the Constitution; by
  consent of the States; necessary; because the objects now
  recommended are not among those enumerated in the Constitution;
  and to which it permits the public moneys to be applied。'  In
  1825; he repeated in his published letters the opinion that no
  such power has been conferred upon Congress。〃
  I introduce this not to controvert just now the constitutional
  opinion; but to show that; on the question of expediency; Mr。
  Jefferson's opinion was against the present President; that this
  opinion of Mr。 Jefferson; in one branch at least; is in the hands
  of Mr。 Polk like McFingal's gun〃bears wide and kicks the owner
  over。〃
  But to the constitutional question。  In 1826 Chancellor Kent
  first published his Commentaries on American law。  He devoted a
  portion of one of the lectures to the question of the authority
  of Congress to appropriate public moneys for internal
  improvements。  He mentions that the subject had never been
  brought under judicial consideration; and proceeds to give a
  brief summary of the discussion it had undergone between the
  legislative and executive branches of the government。  He shows
  that the legislative branch had usually been for; and the
  executive against; the power; till the period of Mr。 J。Q。 Adams's
  administration; at which point he considers the executive
  influence as withdrawn from opposition; and added to the support
  of the power。  In 1844 the chancellor published a new edition of
  his Commentaries; in which he adds some notes of what had
  transpired on the question since 1826。  I have not time to read
  the original text on the notes; but the whole may be found on
  page 267; and the two or three following pages; of the first
  volume of the edition of 1844。  As to what Chancellor Kent seems
  to consider the sum of the whole; I read from one of the notes:
  〃Mr。 Justice Story; in his Commentaries on the Constitution of
  the United States; Vol。 II。; pp。 429…440; and again pp。 519…538;
  has stated at large the arguments for and against the proposition
  that Congress have a constitutional authority to lay taxes and to
  apply the power to regulate commerce as a means directly to
  encourage and protect domestic manufactures; and without giving
  any opinion of his own on the contested doctrine; he has left the
  reader to draw his own conclusions。  I should think; however;
  from the arguments as stated; that every mind which has taken no
  part in the discussion; and felt no prejudice or territorial bias
  on either side of the question; would deem the arguments in favor
  of the Congressional power vastly superior。〃
  It will be seen that in this extract the power to make
  improvements is not directly mentioned; but by examining the
  context; both of Kent and Story; it will be seen that the power
  mentioned in the extract and the power to make improvements are
  regarded as identical。  It is not to be denied that many great
  and good men have been agai