“Should Congress Build America's Rivers? A 1846 Congressman Makes the Constitutional Case”
What's on the Front Page
The Daily Union opens with a lengthy congressional speech from Representative Faran of Ohio, delivered March 10, 1846, defending federal appropriations for harbor and river improvements. Faran tackles the constitutional question that was dividing Congress: Does the federal government have the power to spend money on internal improvements like dredging rivers and improving harbors? Standing against strict constructionists who saw such spending as unconstitutional overreach, Faran argues that improving western rivers like the Ohio and Mississippi—which he calls "mighty rivers" belonging to all citizens—falls squarely within Congress's enumerated powers. He invokes the precedent of President Jackson's veto of the Maysville Road bill while noting that Jackson himself approved similar improvement projects, suggesting the principle isn't as settled as his opponents claim. Faran methodically builds his case by asking where Congress derives power for pensions, fishing bounties, and fortifications—all accepted without question—before arguing river improvements deserve equal constitutional footing. The speech reveals a nation wrestling with how much central authority should direct economic development.
Why It Matters
In 1846, America was in the grip of a fundamental argument about federal power that would echo through the Civil War. The question wasn't merely academic—it determined whether the federal government could bind a sprawling nation together through infrastructure or whether states retained ultimate control over their own development. This debate occurred as westward expansion accelerated and the Mississippi Valley became economically vital. Faran's defense of federal river improvement authority represented the nationalist position that would eventually triumph, laying groundwork for federal investment in canals, railroads, and eventually the Interstate Highway System. His citation of Jackson—a Democrat skeptical of federal overreach—showed how even strict constructionists acknowledged some federal role in 'national' projects. This tension between states' rights and federal power would define American politics through Reconstruction and beyond.
Hidden Gems
- Faran dismisses the strict constructionist argument by sarcastically noting that if their rigid interpretation prevailed, Congress couldn't even 'scarcely move without violating that instrument'—suggesting the Constitution would be a 'straight-jacket' unable to function.
- The speech reveals that by 1846, the federal government was already spending millions annually on navy operations to protect ocean commerce, yet Faran notes the West gets no equivalent investment despite commerce on the Mississippi Valley being equally vital to national commerce.
- According to Treasury data cited in the speech, total U.S. imports and exports for the year ending June 30, 1845 amounted to $216,554,345—but Faran notes this commerce wasn't all carried in American vessels, requiring naval protection.
- Faran directly challenges the South Carolina delegation's legal argument that Virginia and Kentucky owned the Ohio River by asking: what good is owning land if you can't put a spade in it or build a house on it? His colorful rhetorical question suggests property rights without use rights are meaningless.
- The newspaper's masthead declares its principles as 'LIBERTY, THE UNION, AND THE CONSTITUTION'—a tripartite motto suggesting how differently Americans interpreted those same three concepts in 1846.
Fun Facts
- Faran invokes the Ordinance of 1787 governing the Northwest Territory, declaring rivers like the Ohio to be 'common highways'—this pre-constitutional act would remain foundational federal river law through the 19th century and into modern times.
- The speech references Jackson's veto of the Maysville Road bill while noting Jackson approved other improvement projects. This 1830 veto was genuinely pivotal: Jackson believed it would have triggered $200 million in future appropriations (astronomical for the era), and Faran credits it with potentially saving the government from 'bankruptcy'—his argument about constitutional power is thus grounded in fiscal warning.
- Faran notes that Madison, Monroe, and Van Buren—all strict constructionists—approved similar river improvement bills, suggesting this wasn't a partisan issue but rather a genuinely unresolved constitutional question even among constitutional conservatives.
- By referencing pensions for Revolutionary War soldiers and their widows, Faran exposes the logical inconsistency of strict constructionists: they accepted federal spending on pensions nowhere explicitly authorized in the Constitution, yet opposed spending on river improvements that affected interstate commerce.
- The speech occurs in March 1846, just weeks before the Mexican-American War would begin (May 1846), yet shows Congress still debating internal improvement spending—the war would soon shift federal budget priorities dramatically toward military spending and westward territorial acquisition.
Wake Up to History
Every morning: one front page from exactly 100 years ago, with context, hidden gems, and an original Art Deco mural. Free.
Subscribe Free