Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1845-01-17
FSea az Nssssssi Madagascar.
DEBATE
U tAe Assersfios Of Tsrss, IN the House Of
Representative.
AZ TvsssAy. January Z. isAs.
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nssoass n the power o Consvc.. have FOE object.
~hsssvsr be done In relation the powers delegated
90 10. without the foreign nations Zach IN Its
psoef sphere operates with genial influences but when they
bsssass giraffe then they porenous and dangerous
frosty legtmaely do that which can be done
b. iaw; and the converse is also uuc-Ei'ors Debates
81 ~. 27t5
To say that the matter Of these resolutions the
proper Coz treaty, say that Mr. Jefferson was
ia esros. Mr. Monroe In Mr. Tyler in eor-compes
abandon the ground Of precedent and adopt the rra
sonng Of distinguished members OF the Senate, hostile Ia
tbs acquisition VI foreign territory in any form, aud who
have cued faneful Arguments to show that 'e ueav
treaty.
But (s.id Mr. sllet examine and wha, results
THE doctrine VI Legislative contracts, and taking part at
u.e, - the incidents of the power to admit new
States. II true. will conduct u.s.
The power IN Congress admit new States; and Its
ssrsl meaning would imply nothing than TO
receive, with the right decide upon the oil adnis
sion, when the State is brought In at once.
The whole power take effect without the exercise
q the Incidental minor power, called, as there
ample terrtosy within the United States which Il
operate the power OF Congress make may,
BY conquest the by bargain, bring ioregn
territory within reach VI tie specific To admit new
States.
1, Is clear that when Congress admits a State, it
admits territory land with Allow that You may sd-
land alone minor part yet that doe. not one
step establish right in Congress 10 make legislative
with iore,gn nation tor the land iOS Is not
proved thai Congress has to make such contract
obtain State, though II may admit one.
To that because territory Is part III State when
admitted you may therefore only admit the t.rriSrY
alsne, but make q with foreign nation for At
by resolution and up territorial government TO
that the power admit State equal 10 any eNl-
eency fobinng land oas OF which may desire 10
have q State.
And the gentleman from Virginia Mr.. Bayy) eoniends,
understand him. that the simple power 20 ssaH - com
petent Of itself obtain OF the ingredient parts OF
State separately, the extent that the power Of could
acquire them by conqucst-that is, where legislative
tract could produce end Ii appears that by
that mode o reasoning you would make any Of the
grants OF power the constitution equal TO all the OH
lie admits that the incident should be such
absolutely necessary agree to that when app led
TO the strict given power admit; but his
ming that the which he may consider absolutely
necessary" obtain Texas territory, under the exgen
cy the case identical with which only ab
solutey necessary to admit State. Territory is
minor part Of State than the people that lnhab
And if you may take the minor part alone and his
doctrine OF legislative contract true, by resolu-
tion pledge any terms with Texas, Mexico England,
Russia, for uncccupied lands, minor part and by
other legislative with China, bargain Tor the nha
btants people it, and the may be made To i'll
ciude people yet unborn, and give the consideration
regulations touching the intercourse between the
two nations.
All this might be necessary to carry into execution the
foregoing power The power in Congress admit Saie,
would thus become, like duty corn make
cloth, including incidents the power obtain
by contract OF the things which might be used
in the production Of the one, the manufacture OF the
other.
The gentleman from Illinois Mr. Douglas.l refers the
power given Congress TO borrow money the credit OF
u
Congress might, by act, borrow IL o foreign nation.
would. NJ least, be nconvenen mode OF negotiating
loan, however competent act might be and 1t would
be competent Tor that TO provide security tor Repayment
But this power borrow ought also have its incidents
lesser parts and borrowing money includes the receipt
Of money which might give Congress. under the power
borrow money, the right pass resolutions arranging
sipulaons with foreign nations for indemnity for spolia
OF The Constitution grants to Con.
gress the o coin - but because the power
cJud not be exercised upon the products OF particular
mine belonging 10 Brazil, legislative contract involving
complicated supustions touching the debts OF Brazil
might be made by resolution, TO obtain the mine.
There is also the power IN Congress to declare
and II understand the learned member from Virginia
Mr. R.ylyl he sit has always been admitted ia th
with the power OF doing whatever tends directly pre-
vent it," Now, under that power, suppose Congress-
inedeni SETS the right by resolution witt
foreign nations for peace and amiiy such
directly to prevent war the question is Congress
make the eonfTaef2
When we look at the enumerated powers OF Congress,
we find that they include all the powers necessary max,
Us an independent sovereign power especially II
CARDS foreign nations and II Ia under Ih
power given 10 Congress admit into this Uni
make a with foreign nation the sam.
latitude OF construction applicable each the oihe
SPECIFIC powers; and thus legislative would b.
made 10 cover the whole ground OF foreign
and would leave nothing for the exclusive acton Of ib
treaty power The whole sublectmatIsr which tres
~ could be made would disappear pieee-Ineal
The treaty power ss separate substantive power, woul,
be crowded out d the Constellation or exercised only b
there IN the Constitution. granted exclusive power
and that treaty Is the supreme law Of the land.
sH, (said MI. s. If We may thus BY construction
iend our speehe power 80 as 10 put IN jeopardy
unznish, the treaty power, he begged know what Con
gress might not do; and What the yaUe meaning
sfrief construction
The hsf paragraph o. the Sth section Of article fret
the Constitution reads . follows:
"The Congress shall have power lay aud collect IA xes
dunes, impos- and excuses, pay the debts and provide
Tor The common defence and general welfare Of the United
States"
In former days. portion Of the political party oppose,
10 n endeaVored TO maintain that the phrase "and pryvd
i the common defence and general welfare Of the Unte
stses. conferred upon Congress a separate substantive
powell and that under they might do any thing which
"a their opinion would provide for the common defence
promote the general welfare.
But. SIR in the end our political adyersare. welded h
question, and the most learned among then
nov admit that the words "a order or equivalent words
are implied 10 the paragraph, make the whole
thus: ne Congress shall have power lay and cOlec
taxes. duties mposts and exeise in order paw IN,
debts and provide for the common defence and
welfare Of the United States" That the first anc
Grestest victory OF strict construction latitude
that would have consolidated the sovereignty Of the ate
IN federal power. But what the next stcpl IL wa
commended BY the friends Of wide construction that though
Che words and provide for the defence and gene
raj welfare" were only limitation upon the power 10 IA
and appropriate, yet 1t grant appropriate the,
might see hi within that Imitation and that under the
could appropriate the public money wide system OF in
ternal improvements education, and the general welfare
but here they met by the friends OF strict consuc
ton with tie argument that these objects Of
were not named included within the distinct
powers and that the phrase land provide for the
offence and general psfare" be read with the i'm
Piled wordsin manner following" that is say
20 limit the power Of appropriatng public money "a
the inseparabe objects contained in the enumerated pow
er winch follow the first paragraph This the second
victory OF democratic construction that part Of the Con
stution. But now, IT, within the conceded powers Of tn,
General Government, you may, by construction broal
down the barriers Of the Constitution granting particular
powers TO particular departments and let exercise the
functions or eDcroach the ground OF the Other why ma,
you not by analogy extend and enlarge the exterior boun
bsnes OF the whole power, allow Congress to d,
what may will To me, dr, it seems that the argu
mont Ia favor Of incidental and powers made
here to-day by Of Yirgiuia MT BAYLY)-" VRisia
The essfodisH Of The democratic fsifh" and whose states
men have taught us the first lessons Of construction
more than restoration Of the old Renofdweafe claus,
Ne substsntiye power; for, wide that was 1t did moi
pretend TO draw 90 department the exclusive powers Of
the others know il said that strict construction wa.
Intended TO limit only the encroschmens Of the Fedora
power upon the sovereignty Of the States snd not to im
The power OF the General Government against foreign
nsons Admit TO be ~; STILL the prostraon Of the res
power may affect the sovereignty Of the States as much
would change OF the line dividing the Federa power