The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-02-16

survey, and could not therefore, authorize me IN
sdenI 10 direct surveys beyond the aPpiopI, A.
THIS appropi iaion, are all The suhsequen nsbsr
exhausted The refusal, therefore, 20 mshs. Of
appropriation does not disregard The does not
that act, but so far as II has any force, ac'ive An
repeal, nulli6es IL, which Is Just as and harmless
imperative law is Just as mem by The honorable
n, s,a,, Nv Work mir Cambrelengl ,nas
$4,000 will be sufficient to meet farmer appropria-
for surveys not completed n nae an amendment
lions ana ihat hs,,rriaion bin for the purpose OF
maI;, n annrppriaiion OF that amoun UNI " .oP'e1
those surveys, which do no ne sm.ndmen, of nv
IN THIS view he considered and acted upon as an
origiasi bin, seeking for the mist Time 10 introduce
tins system. .na,,.nt rsta,s N Tho .c, of
,o5t AMI proposes an appropriation 10 carry out its
rovsions we must recnr 10 that act 10 asce rain the
,rent OF surveys II authorizes, and the authority by
,hich lhey are directed. The act does moi specify
snv survey, but inyesslhe President with power 10
order surveys Of routes for roads, canals and DINER
Improvements, whatsoever and wheresoever nc
peases without any control than that OF his own aus
cretion Under the authority Of this act The fies,
dent may not only direct surveys OF The coas. a.
within the Territories, but may invade Ine J LL,
ficiion OF the States, and direct Them any " ,his
within the limits Of any or either OF 'nem' ;.
GJvernm snt has no constitutional power W So.
roads and canals within the boundaries OF stare,
il necessarily follows that II has no cohs','uon n
power 10 authorize these preparatory surveys ioi
such objects. But Il Is commended ,hal ,ne ae' =.
1924 only authorizes surveys for such WORKS as are
OF national importance, and that they are constiu-
lional deny Mr.. Speaker, the whole power;
deny tina, the Federal Government has authority to
enter into the jurisdiction Of the States and construct
such works whether OF national importance or not.
Jhe jurisdiction OF the States over their own soil IS
complete, and cannon under any preence De invaded
by federal authority for any such purposes. II this
doctrine were TO prevail The whole ground would
hn prai he
over Stale soil be omDipotent; for although works
Of national importance alone are authorized, all
works would be national so as TO be covered BY this
broad mantle. What kind OF works would be OF
national importance, would be TO be decided BY this
Government, and none can doubt, judging from the
past, what It's decision would be.
The indefinite character of the act OF 1924, and
which the amendment under consideration proposes
TO renew, is very Objectionable on account OF its in
definite character II confers discretion on the
President Of the Uni.ed States totally unwarranta-
be and uniusiifable. Upon what authority will the
President execute the underlined and unlimited power
conferred upon him BY this act2 Sir, the Senate
may direct survey al one point, and the House OF
Representatives at another. Members OF Congress
may sol cit at one place. and number of citizens at
another and by this means more surveys may be or
dered than can be executed for years, and charge
created upon the public Treasury TO an almost indie
finite extent. No work of public improvement can
be constructed without the authority Of Congress
Why not then adopt some specific rule Why not
direct, at once, survey OF such routes and such
only, as Congress intends 10 improve Instead of
sending out corps Of engineers TO range over The
country in pursuit OF routes, why not designate and
specify the routes 10 be surveyed and avoid all i'm
proper and unnecessary sulveys2 This is the farest,
safsst, and most economical mode. | do rot doubt,
if this amendment be adopted that this $50 600 will
be more heavily surcharged than the profits of the
internal Improvement fund in Virginia which is
now charged with a heavier liability than it can
ever redeem. We cannot, Mr.. Speaker, retain
these appropriations within their Legitimate bounds
unless we restrict them 10 be specified, defined
objects.
suppose it is not contemplated tina, any surveys
shall be directed, except those upon which public
improvements are to be constructed Ii So how
broad foundation for system Of internal improve
ments may any President favorable 10 it, lay under
the boundless discretion conferred upon him by this
act1 The whole field would be opened and in the
progress Of time entirely traverSed. II cannot be
justly commended that this act is sancli6ed because
under the discretion which il conters some SURVEYS
Tor constitutional objects may be made l hold il 10
o. sound doctrine that single unconstitutional pro-
VISION IS suihcient to contaminate any bill and de-
mand ITS Ieleciion. II a contrary principle were to
prevail any unconstitutional object mig hi be effected
by incorporating with il constitutional one, and
mus all the constitutional barriers the uSurpations
OF inns Government upon the rights of the States be
broken down. cannot but repeat that regard this
amendment as an effort TO reconstruct the former
broken down system of internal Improvements, and
opening channel for the mprovident and uncon-
sutonal expenditure of millions OF the public mo.
my am no enemy 10 internal Improvements; on
the contrary, am their ardent and decided friend
but wish 10 leave them in the hands OF the States
to which they constutonally and legitimalely be-
long.
have heard, Mr. Speaker, much said of late about
economy and retorm. have heard from all quarters
OF this House charges OF extravaganza and prodi-
gality in the expenditure OF the public money-all
concur that there has been-but the difficulty seems
TO Dc 70 hx responsibility upon the right shoulders
The Wings charge it to the Democrats, and the De-
mocratS charge 1t upon the Wings aided BY a few
Democrats; and thus, while the fact is admitted 10
exist, none seem to acknowledge the responsibility
shall not undertake TO fix it, for | am inclined 10
think that no single party is alone responsible but
thal many OF all parties are involved in the guilt
But, Mr.. Speaker, instead of pouring out lamenta-
tons and Jsreniads over The past, instead of cimi-
nation and recriminalion for that VIII CHI is wasted
and cannot b. reclaimed il we are sincere in our
professions OF retrenchment and REFORM let us set
aooul TO practise what we profess; let us look out for
the leak holes Of The Treasury and stop them Let
al parties unite In an afurt prevent for the future
mat exIravagance and prodIgalily which we so
nearby condemn in the past. Let us commence in
Sood iaith, system OF rerenchment and reform .
ana would ask, al what could we strike with MOI
prospect Oh success than al This approximation of O
600, which will lay The fUundau n ~ sucb how,
penditures which will be the prolific mother NJ sncb
an immense broodl Was this time when we bava
an empty Treasury and diminishing revenue 10
commence such system OF expenditure humble
think not Is This appropriation all that will be a,keda
no, sir; one gentleman will want appropriation
Tor this part OF the coast, and another for that one
for the lakes another for some river; another for
some light house; another for some marine hospital
In every quarter OF the country some survey will be
sought Tor, and some appropriation Tor works Of
ternai Improvement founded upon it asked for. The
experience Of the past should direct us to the future
and 1t we wisely improve the past, we shall cut off
this prodsaliy and danger of The future Pass this
amendment, Mr.. Speaker and you need tell me no
more about relrenchment and reform. shall regard
them as empty professions, unproducve OF any prac-
tica result 10 the country.
Believing that this Government has no constitu-
tonal power 10 construct works of internal improve
mem WITHIN the boundaries Of State; and believing
that the adoption of this amendment will be the en-,
ierng wedge to an extended and extravaganza SYSTEM