Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-10
@.1mArgostonal.
SPEECH OF NR. RIVEs

Wia'i"n Dill being under con~d-r uior. - For de
""S'hs me expenses incidental to examinations and
surveys, auth I'D by he act of 30,h April, 1894
SSo'"oo" md NJ Rive having moved 10 strike
IL Out he rose and aid:
NO person could regrei MOI than H. did, the ne
eess''y' at TINS la period of the session, of occu
pymS any portion the inc If the louise with
discussion But, in jus,ic- TO himself, he must be
permitted TO say was not has fault, that the mat
Ter now under consideration, was thrown upon US
al be very heel of session, amid the tnrong aud
pressure OF numerous her subjects OF urgent i'm
pof'ance. II would be recollected, that, early
period OF the session he had submitted resolu Ion
insructing the Committee OF yyay. and Means TO
inquire INTO the eXpedency of disseminating the an
hu' appropriation Tor defraying The expense 1i sur
'eys maue at ths discreet n OF the Executive, and
vi SUBSTITUTING therefor distinct anu SPECIFIC appro
Priatons To- such surveys should be a,,,
oy Congress. HE lad h ped thai the Committee of
vas thd Mean would have con suited the wishes
Oh NE II use, indicated by he adoption OF the reso
luton, and have favored US with the r-sui, of a
candid and enlightened inquiry; and, that q, hen
1'e" report was presented, neither favor able or
Nhi''oraoie, the subJec: Guild have received the
separa and deliber considerations To which. in
every aspect, he thought its importance enti led it,
;, out the committee had thought proper TO pursue
-. cut curse AFTER retaining the resolution in
vie" possession tor o. weeks the, returned n
upon the House unans,. cred and ..L.a -, h a.;
charged from the further con-idstato ot i, and i,
WIS acc rdingiy, Il their Instance laid un,r IN.
o'e' ana MS Is no" the first OPT ortunity have
hau OF again calling the attention of the House IN
'he SUBJECT, which has lost nothing of inheritance
ih my estimation, from The reglec of The conr,it
VI rom any further reflections fmy own mind.
III oiuer 10 AVOID misapprehensi n said Mr. II
W ii stare, al he outset that he Dro,os,io, 200,
submit ed, does NOT yolve an inquiry into The now
CT vi MS Gov eminent to execute s,s,em of in
e'ha' inpi 0'ement>, nor Is IT intended TO ob,,tuct
ne prosecution OF that system, ii il shall be the
VIII OF majority OF Congress TO go on with It I,
Is u" e''eu exclusively 10 the present mode of RI,
ere'S"tS MtS PoUeT, (supposng it to exist y in
ne preliminary operation, or M king survey and
examinations oil routes
ne act OF 'he 3O'h OF April, 1924, 10 which the
present appf oprlaio refers, authorized the presl
"e" W '"use surveys 10 be ade { routes :. for
sueh 'pau- "hc canals as he might deem to be OF
hatio' al poriance, in military .r commercial
Po'' oi view, or necessary for the TRANSPORTATION
u '"e MA" SiT' SAID VII R, believe there was
general II not universal impression at The Time of
the passage of that law thar II 4, =. am ,c, of t;n.i
and complete legislation, which w ould expre win
Tue eNPehui ure OF the sum then appropria, ed for
carr iS 'he objects OF into effect But n has been
io.''"eu up, rom year to year, with fresh sp.
PROF fauons oil additional sums ill We are now
threatened 10 De saddled with IT, as permanent
he. Gov
e'hheht MS system is, in my opinion a radical.
" VICIOUS one, involving palpabe denarture from,
we fundamental principles OF he cons 'ifution and
'"nt'ry 10 every maxim OF sound republican rolicv
A"e substitution mas wisely sought 20 establish
VI P"''i''"h oetWeen Inc several depar Inents
% 'he government, 20 that neither should exercise
Po"eis' properly belonging TO the others The Lee
sAre power IL mas expressly declared 10 be vest
Gu III Cohsrees-the executive Power in the Pr.si
den and the judicial, in the supreme and ;lsr,o.
courts. NOW, sir this uDdam tai djyision of po,v
ei' IL seems 10 me- is directly Infrinsed nv the n,o
Wis ons OF the act Of 1924 in gr,ning tn the p,.s
dent what Il essentially legislative authorize II
some Cases, II may not be very EASY task in Irace
VIII" precise accuracy, the line of disiinc ion b.
wee" LEGISLATIVE and Executive powers But The
seheraI dIstInctlon is clear and obvious. one and
amply sufficient for my present purnosa III
vince OF the Legislative department i. n derIara
the pubic VIII as to all Objects which opbt n bs
PoVueu IoT py the common resources of the nation
Is 'hat OF the executive department to Carry these
oVJec's' "hen so ascertained, into execution Bu,
what does The act OF 1921 do? Losing sigh, Of this
o'stihoton' 1t transfers TO the Presi.
dent general discretionary authority 10 decide in
the tfst Instance, what are The national obec,s nf
internal Improvement which, as such sbouIi s,ao.
Inc care OF the government Congress the cons1itn
'lonal organ and legitimate exponent of Tho rubli
will, renounce the high duty of DECLARING thai vii
IN relation to these objects, and DELEGATE to the
sident the authority to do n for them n, in o,b
words, to exercise his o,0n toW and pleasure. IN
selecting such objects as he man deem IN no rs no
ional Importance. Will ii be said 90 be an eesct;
and bona hide discharge of The Legislative trus, :;
declaring the public will, respec ing objects of =,
uonal concern, To do II by loose and general do
scrpiion OF those objects3 If so, then the vb,ls 10
e'SiS'lFe authorhy, which the constitution has vest.
eu IN Congress, may be transferred from II by sin.
gle summary enactment, authorizing the Presiden,
to provide for all objects Whatsoever. vbich b.
may deem to be connected with 80 the common
defence and general welfare
Sir, know Of no precedent for the lati,nde y,
1 dseTeuon, which the act of 1924 vesta, and this
i appropriation seeks to continue. in tho p,e.1oa
out one drawn from the gloomiest era OF the con
stItutlon- that reign Of efror'' which stanJs -
corded, in such dark characfers. up,n tho 80,
OF our history. / allude, sir, TO the ceIei,r,fsd
alien act. That ac, empowered the prssit.a, -
order out of the country all persoos ,rber, BE-
might Judge to be dangerous 10 the psacs snd
safety OF The u. States" We all know The .ep
tence OF indignant reprobanon which the public
voice pronounced upon this act, as a fragrant
violation OF the Constitution; and the records Of
'he Tines distinctly inform US that one of the prin
cipaI grounds upon which that judgment was pro-
| nonneedS was, that by the large and unbounded
d'SeTeti0n u gave TO the President, Ii conferred
upon hiin' IN effect, Legislative power And
'ei ms so often branded act OF federal encroach.
meni' gave to the President no large, di.cre,iu,.
| man is conferred on him, in almost The peyy
same words, by the act now under co,sidsr,tio,
bu'' or, there Is another important princjpIe ri
the Constitution, wholly disftgsrdsd in the prese,i
mode OF acting upon This subject II is declared