The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-05
CONG RES sIoNAL.
SPEECH OF MIR. WOODWARD,

internal improvements by the federal govern
ment ... ..H.-...t. ...H
The House bang in Committee Of the Whole on
n state Of the Ualon on the bill making appropria.
Ons foe certain rivers and hsrbors-- .
IMr WOODWARD said,
i II is not from any nnfriendly feelings towards
H. West, that oppose the bill now before the COM
kiuee. Far from It. My disposition Is 10 CRAFTY
In western friends, whenever | can do so consis-
kGdy with sense Of duty To my constituents and
II he constitution. But The time shall never come
men that sense Of duty shall cease 70 be paramount
II al other considerations. This is not the only
.asme OF interest with the western people, they
ave before Congress two other great measures; that
taing 10 Oregon, and that relating 10 the public
n4s In regard TO the frst of these two though diff
krng in views Of policy with my western friends,
Nv will yet learn there is no difference in feeling or
purpose. When, twelve months hence, We shall
oct in this hail. il IL shall be our fortune 10 NEE,
gain here, they will tell mo that the advice have
iministcred TO them in relation TO Oregon was
bod advice. have no fears Of that. And with
gard 10 the public lands; | am in favor Of such
kicy as will be most liberal towards the West and
lost gratifying to any wish Of theirs, not incom-
ible with reason or justice. But let me not be
nderstood as committing myself to the support OF
her Of the land bills now before Congress, with
lt substantial notifications. There are objections
sposed to be generous towards the new States,
not unjust towards the old.
Mr.. Chairman, the, bill under consideration pro.
dss for sundry appropriations, for variety of
0eets 10 improve, in some instances 10 others,
create, harbors on the lakes-more especially
axe Michigan; to improve the navigation OF GER
IN rivers, principally the western, and to restore
hat is called the harbor of ST. Louis, on the Mis-
ssippi river. This aforementioned item furnishes
original idea in geographical and commercial
renee
Sir, look upon the bill, in all its provisions, as
rHVing the old system of internal Improvements
nd am utterly opposed to It's passage, both upon
be question of constitutoDality and that of expe-
sncy. Ii is wholly indefensibe upon either
pund but most to be deprecated because il vio-
.ts the constitution. That instrument should for
per remain sacred with US all. And let its friends
ol despair of being able to defend it against this
tcond assault Of an old enemy. Let US be encour.
Isd 10 make battle once more, at least. The issue
made de moro. The bill proposes to revive an ex.
Oded and abandoned policy abandoned, both for
unconsiutonality, and its manifest I'M ustice and
nsguality. Tagara-.a .--
The gentleman from Illinois [Mr. DoueLAss1 is
be Jealous defender Of this bill; but he Denies with
at emphasis that he is the advocate Of any system
Internal improvements, and Processes to feel in
snsnt that he should have been suspected of any
ueh thing. I.l % rnr EEt ..'.A ~ s.. ... viz.
srsanding of the gentleman and myself With
Dc, the leading objection to the BILL whether as re-
prds the question of constitutionaty or expedicn-
y-that objection which stands in front of all other
bectionsis that it is not systematic: but that il is
partial bill; bill not for the whole Union, but for
part Of the Union; not for all the States but some
o them only; a bill whose operation is local, and
whose bountes are sectional But il is just because
IS so that it meets the appreciation Of the gentle
man! Otherwise, he could never have thought Of
giving it his support. No, indeed! Had it claimed
improve the navigation of all the rivers in all the
States to scoop and deepen the boat landing at eve
town on any river, in whatever State, the gentle
nan would have turned from it with loathing, as a
Wig abominaton., But its locasm, its exclusive
nss its preference for some rivers Others have
ummended il to the genteman's democracy! n.-
have said 1t is, with me, fatal objection to
he BILL that it clams power not systematic and
UNIVERSAL, according to the form and method of
usry power delegated to the Congress. Look at
he plan Of the constitution. Its intention was to
produce unity Of right and rule in relation to GER
ain objects where the States had reciprocal inter-
ss, or suffered common danger, or mutual incon-
vsnience 1t provides that duties and customs shall
be one and universal, for all the States. Regula-
tons Of trade and commerce; naturalization; bank
npleies; coinage and valuation Of money; weights
and measures; post and mail; patents and copy
rights; army and navy; military and naval regu-
alions; shall each be one uniform and universal
hing for all the States throug bout the entire Union.
And if the phrase general welfare" confers any
power at all, (which, however, maintain to be pre-
pOsterous,) it is uniform power, though vague
| and underlined. lts vagueness cannot destroy its
'unyersality. Whatever its nature and compass 1t
Is applicable alike to every part of the Union.
Whoever, therefore, asserts power in this govern
ment to improve the navgt ton of rivers, asserts
power that must comprehend every river in the
lInion A
abish the most fragrant njustice and, in principle,
AMOUNT to a constitutional deformity. But need
not dwell upon this view of the question. The
Propositions have laid down, require only to be
stated, to be fully comprehended and assented to-.
Many have been bold enough to disregard them in
Practice, but there can be none so rash to venture
10 deny their truth. sutar' ..h ... .s..r ,
But, in reply to all this, it will be said that the
constitution gives to Congress the right "to make
laws which shall be accessory and proper carry
into execution the foregoing powers;" and that the
power in question exists under this clause, as an
Incidental power, claiming no appropriate subject of
ITS own, but serving only to promote and advance
the ends and objects of some primary power to
which il is an incident. ..... .. 49,.
This brings me to a second general view of the
constitution which shall discuss with great brew
y, but yet in such manner, l trust, as to make
myself understood by all. $751;. 70
When il is said that the constitution enumerates
ana 0ennes the powers OF congress, IL Is meant
that il enlmerates and defines the subjects over
which the Congress has power. The post ethco
for instance, is net itself powerit is the subject
ola power; so Of weights and measures, coinage,
and the rest These are the subjects Of power, and
the power is to lcgislate upon the subjects. The
constitution, then, enunerates and Defines not strict
y the powers, but the subjects Of power.
After this enumeration of subjects, the constitu.
ton proceeds to express and declare the power to
make ia,os-aws upon these subjects; all laws,
ooncede, but not on any other subjects than those
enumerated ond described defnitvely; all laws ne
ccssary and proper-necessary to these subjects
proper to these subjects; but by no means such laws
as are proper to- or pertain to, other and different
subjects. Now, sir, there is no dispute as TO wha
powers Of legislation are granted to the Congress
concede, for The present, that our power to make
avs is as ample and penary as that possessed by
any Of the State governments in reference TO any
subject upon which they may legisate at all.
only contend that our legislation, ample as il may
Oe, varied it may be, discretionary it may be,
must yet be limited to the subjects which the con-
sututIon has enumerated and defined. II cannot 60
beyond these subjects, and embrace other subjects
cannot cover a broader ground than the constitu.
ton has prescribed and crcumscribed. What
then, is the matter of dispute between us' 1t is
not what laws are we competent to make, bu
What are those subjects over which we have power
OF legislation,