Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-04-11
CONGRESS.
- =
IN THE SENATE.
Remarks of Mr.. Daggett,
On IKE oil pIedging u fimd for internal i'm

FEBRUARY, 1917.
mr. Daggett said, that before he attemnted
70 u,scusS the merits of the bill, he would
orieiiy state the substance oft, and also sn~-
gesta thought or two in reply to some of the
observations Ofthc honOrabls gentlemen from
pennsylvania MIR. Lacock The bill propo
SEES 20 set apart and pledge rs a fund :. 500.
wv uoiiars, To- be received for granting char
YET to Tue nationa, bank, and the dividends for
twenty years on seven millions of stock IL, III.
bank, owned by the United Staies for the pur
pose OF constructing roads and canals and i'm
proving the navigation of the water courses
rs the seven millions OF stock was created bv
lie ntted states TO invest in this bank al tho
rate o. per cent. per annum, $50 100 dollars
must be annually raised by taxes towards this
appropriation. The dividends will probably
NC not less tiian at the rate of S per cent per
ahnnfi, and In that case will amount to SCI OoO
uoiiafS. IL is then Il fair calculation that the
whoie anouitthus pledged will he between
Twelve aud th;rteen millions OF dollars 'Th,,
Dlli contains none of the details for the CON
Structon, superintendent or management of
the WORKS, or tor the regulation OF the eXpen.
dilure of the money.
In answer to the remarks of the gentleman
VINO iiad Just sat down, thata great post road
from Portland to Newt Orleans that ;urnpjke
Iod's through all parts of our country and
tnat canals from Boston bay to St Marvs
aioilS me shores of the Atlantick, were objects
OIL immense Importance Mr.. d said that he
had no disposition to enter into anv contro
Versy on amy OF those suggestions. He how
ever would remark, that this bill does not pur.
port 10 provide for the establishment of such
post road, but leaves il iu the option of any
state through which such road might be con-
'n'"teu to prcventit. Non is il admitted
~ diiesed tlat such canals would be used for
the transportation of commodities to and from
SHe -rTat commercial towns and cities in the
Ohtsc States. Ii canals were constructed ac.
cOrding to the gentlemaus ideas the inter
course spoken OF, wonld in all times ofpeace
navigation. -
Having made these few remarks he wou,d
point the attention of the Senate 20 some of
!ne objections in his mind TO the bin LIST Ii
Is not authorised by the constitution. A. IL IL
were, secondly tits iuex peden.. Mir. d said that
ne should with much reluctance urgcanv obiec
tlohs arising cut Of the constitution for he had
iong since learned that tie constitution is made
10 change with the times. II was one thins,
yesterday-it is another TODAY. Iris IN he ON;
IdTSed as tile DatIen increases i'm oTedtaeSs and
giory-it must yield to the pressing eXirencins
OF me moment. He need not say there is no
power IN the constitution erpresSlU authorisin,r
tne Congress to construct roads AMI canals
anu 10 tax The people 10 defray the expence
no one asserts the existence of such nover
. ,nere IS not a word upon the face of the in
Struinent on the subject eyCept that il is do
clared, art l, sec. 6, that :. the CONGRESS- shall
nave power to establish post offices and ooSt
Tonus This, SO far from authorisiup the as
.apllshmeht Dy Congress OF all roads, limits. if
II beai at all on the point the power I'm uost
ROADS only otherwise it must be show,, Thar
an instrument which gives special poyyer n
yer post roads, an terms gives, by implica tion
general power over all roads. Such absurdity
SHOULD not be imputed To the wise men Win
framed TINS constitution. The reverse of ali
t.iis IS unquestionably true By sound rnles
. Interpretation, the expression of one rhinr
Is tne exclusion OF another. The constitution
dcciares The Congress shall have newer IN
PfoVice Tor the punishment of counterfcifiu.
me securities of the United States-to constr
tlte tribunals anterior to the Supreme Court
te PROVIDE Tor calling forth the militia to exc
cnle the laws Ofthe Onion, suppress insurrec--
Mons ana repel invasions-io exercise evrI,,
S.Ne legislation over ten miles square. c."In
sae eases mentioned, is not the Congress prohi.
p!'cu rom pro'Iding for the punishment of
Eiisi'ines triIa.,s,ie --5s-io., 4. .i t 80
N"urt-liom calling forth the militia 10 pary;
s:H io'' ~ t,ine OF peace-and from exerci-
sing eIet"s'Ce ,eglslation over the city of Ba!ti
more Again. The states, at the adoption of
tle constitution, possessed the entire control
over an tie roads and canals within their re-
pSI,i'e UNITS. On tins point there can be no
uotpt. Iiach state always has, and now does
exercise thus power. / u taken away bv AM
eEP''eaS prohibitions Certainly not. Isit taken
away ny fnpt'catisn! Certainly not, unless tile
power Is given to the Congress in suci, u,,nnor
as 10 preclude the exercise of il by the Ststes
ana ior such an idea no one contends
Is there power in the general government
over roads and canals ,concarYent with the DOW,
er OF the States ?If so, it may be asked yYbero
are the limitations of these resnect;ye ,.o,,
efS! Or have the Congress sovereign ai,,bo.
l!ty, anu Is that of the states subordinate The
constitution Is silent on this suliect-nof en-
WHERE concurrent powers NAV be exercised
! or Example, in the 10th section of article I
1t ProViued that the states shall Iav no i'm
posts or duties on exports or imports exceut
s , DIS are absolutely necessary for eNecutin
ti0Il inspection laws-they may not keen
troops or ships of war in time Of peace MR.
engage III war unless actually invaded. Ills
WITHIN me province ct the national government
70 inquiries ana imposts-t 10 keen troous and
shipS OF war, and especially 10 enraee in war
yet these powers III the casespecified and NxitL'
Tue limitations prescribed, are retained Inv Tho
5tateS, and may be exercised conference.-the
IN the Sth section of the Istarticle and in tbe |
secohh section OF the second article. there are
~ siiihIhS examples of concurrent powers
10 the Congress, the power is giyen ~ calI,,,, |
forth the militia in the eases tferein r,er4;o, |
ed, ana 10 the President the power of heinz |
sneir commandment chief iOheR in actual sert.ice |
mere IS also reserved TO the states Tho ro,v,, ~
appointing their officers tr oftrdininu the militia |
"el may oe some question as to the urec:.e |
extent OK lie powers ofthis government AMI M |
lie states over the militia, but concurren, |
power IS iha,ltestly established and ATTEMPTED |
MIR; d. 'ked again, is this measure constitu.
S'o'na', o1cause Congress may provide for the
general welfare and Common defnre ; Ifso |
Ihen an enumeration OF powers was wholly nm
necessary, ana IS worse than useless tLen
mere IS n0constitutionalI limit 10 tle no,yers ~
'hs government, but the discretion of fine %.
5sia'uie, Nlu truth, Sucii1s nova ycrt prevalent
opinion, ~ aJudSment Is TO be formed from fbe
manner ~ " hlch power Is claimed and exer.
-'5eu' me instrument may be termed The
'dcicd Charter OF our ibcrtes-oir polar star >
N has .