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 against the power; but it
is insisted that quite as many, as great and as good, have been for it;
and it is shown that, on a full survey of the whole, Chancellor Kent was
of opinion that the arguments of the latter were vastly superior. This is
but the opinion of a man; but who was that man? He was one of the ablest
and most learned lawyers of his age, or of any age. It is no
disparagement to Mr. Polk, nor indeed to any one who devotes much time to
politics, to be placed far behind Chancellor Kent as a lawyer. His
attitude was most favorable to correct conclusions. He wrote coolly, and
in retirement. He was struggling to rear a durable monument of fame; and