The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-27
CON EssIoN Al.
SPEECH OF MR.. THOMPSON
OF PRNNsYLYANIA.

Mr. THOMPSON said: Mr.. CHAIRaAN | trust
shall know how TO feel grateful for the courtesy ex-
tended TO me by the committee in rising at early
hour Yesterday and afordlng TO me the opportunity
Of addressing them to-day. | can only say feel
profoundly grateful for the favor.
Twenty three years have elapsed since the pas.
sage Of the first bill for objects similar, and in many
instances identical, with those contained in the
present bill. And notwithstanding almost every
year since that time, appropriations nearly 10 every
particular like those proposed IN this bill have been
authorized AMI sanctioned, and have bad the support
ofeyery succeeding administration, still We are now
required to discuss the eonstituIionaiy Of the
measure, the lawyers say, de moro, NJ II for the
frat time. II the measure he not constitutional,
however let il be abandoned, IL Is never too late
To do right My judgment on the constitutional
power is convinced, and shall eDdeayor to show,
not only by argument, but 6y authority, that there
il no constitutional difficulty in the way. will
here take leave to say, tharl am as much opposed
10 system OF Internal improvement as such, and
for that object alone, as any member of this COM
mlttee. The national government has no power, |
conceive, 10 make canals and railroads for improve
ment purposes, nor roads Of any kird, excepting
for purposes Of defence or post roads The power
improve rivers, national in their character, to con-
sIuct and preserve harbors and erect lighthouses,
think depend upon different principles, and are con-
stltutional.
The gentleman from South Carolina, tMr. RHErT i
seems tn deny the consttutionalty OF the measure,
because Of the absence Of On express giant in the
constitution 10 make internal improvements. | de-
nv that the proposed measure is for internal i'm
proyemsnt And 1 think find the authority for
The measure sufficerily indicated in the constitu-
ton under the grapt 10 Congress "to regulate CON.
merce with foreign nations, among the several
States and with the Indian tribes" | regard the
power 10 reJve obstacles 10 the navigation of our
great narioral rivers and the improvement Of har-
10 N InrilSuf the pr In
regulae commerce. ! need acarcely remark that
we shall look in vain for press power do every
sct Of legislation which we may find il necessary to
peform. There are enumerated and express pow
era granted to Congress, certain general powers 10
Newfoundland need not observe that whatever
is necessary TO the full and mplee execution Of
general power, is grated incident the execu-
ton Of the power itself Nothing can be regarded
as an incident 10 general power, but that which is
necessary to its full and ample executions; and
whatever il so, must, Of course, be an incident
which is of necessity, granted by the general
power, because il il necessary. | must here take
the liberty to cite the remark OF Mr. Madison in re-
lation to the existence Of incidental powers:
gyhenever, therrforr he remarks "a question arises
concerning the eonstiutonality Of particular power
consttutonl If il be- the question is decided If it be not
expressed the next inquiry mus, be- whether It Is
sxscutionf II be- It may be exercised by Congress; it
Is not Congress cannot exercise Madson report on
fAs VTeria rtfolutions in 1900
If authority were wanting, this establishes clear.
ly the right 10 look for, and act upon incidental pow.
er in the constitution as well those which are ex.
press. Why, si1, we have legisIaed at all times
most extensively upon incidental powers II this
had not been so, should like to know from the
gentleman from South Carolina where existed The
authority TO prepare this arched room this carpeted
A ,or. these cherry desks, and cushioned sea ts3
There nothing of all this in the constitution That
Conpresa shall Of. Ca
ate and House of Representatives " The word
house refers to the body or assembage Of represent
dves, not to building. The authority 10 erect
building must, therefore, be incidental 20 wer; it
mot express The gentleman might be puzzled
somewhat to find authority for sppropriaing money
to buy stationery for the members Of this body IN
pay for the 'gray-goose quill" which he holds in his
hand He seems not to be opposed to all this; these
powers incidental to some general power else we
could not do these things. 1 must further ask,
where is there express authority to establish libra.
ry-a national library Strict constructioniss must
answer this question Nobody seems to doubt the
proprie,y Of this Where ia the authority 1t
mus, be incidental, and whether "properly" so, de.
ponds upon the discretion of Congress. | would
like to know if gentlemen who 30 earnestly insist
upon it, that the measure under consideration
IS not constitutional, ever voted for a revolutionary
pension, to relieve the glorious old patriots who won
our independence. IA voice: "Yes.rl Upon what
voice: The power to provide for the army."1
beg the gentleman's pardon the army had been
raised and dsbanded before the constitution had an
existence. But suppose consider the answer suf-
hcent, will ask, did the gentleman ever vote for
the law TO pension ,cdo,cs Of soldiers Of the revolu-
tom They were not part of the army; and still we
give pension, if married to soldier of the revou-
ton before 1874. Where is the express authority
for thS Sir, can find Authority enough to satisfy
me in voting forpensions for soldiers and widows Of
soldiers, and intend always so to vote But il is
for those gentlemen who insist express grants of
power for everything, to reconcile their votes on
these subjects. Let me ask, where is the power
found TO send out an exploring expedition 10 the
Sosth sea, or Capt. Fremont to the southwest by
land! All these things have been done, and don't
recolect Of seeing the solemn protests Of anybody
against these measures being unconstitutional
Certainly there is nothing expressed in the constitu
ton about these matters. IL not expressed, then
must the authority have been exercised upon Incl
dental powers in the constitution. | am far from
favorng atitudmarian interpretations Of that instru
ment. would neither enlarge nor circufnscribe the
rule laid down by Mr.. Madison and If measure
comes within 1t, am for acting under it, as amply
as think have shown that Congress has done in
the cases have named, and in many other instances
not named. ..
have taken the position that the improvements
OF harbors and Of our great national rivers may be
carried on by the general government and are
incidental 10 the power ito regulate commerce"
This seems to my mind plain and evident. But
SHALL for moment, speak Of the rivers in this bill,
and Of the ordinance ofl797. This ordinance was
enacted under the confederation for the regulation
OF the northwestern terrtory;nnd in relation to GER
tam naVigabie waters 1t enacts as follows:
The navigabe waters leading into the Mississippi and
the NJ lawrence and the carrying places between the
same shall pc common highways and frsvsr fare, well
70 the nhaoanS Of said territory and to the citizens Of the
United states and those fanny other States that may be ad
mitted into the conederscy without any tax impost,
duty therefor"
This ordinance was enacted before the adoption
Of the constitution, but has ever been considered in
force up TO this time. By this then, the nayigabe
waters leading into the Mississippi are declared to be
common highways, and to be forever free to all the
citizens NJ this Union.
Mr. RHErT here interrupted Mr. T., and said the
Ohio had been decided to lie within the jurisdiction
Of the States Of Virginia and Kentucky
Mr.. Chairman, this is doubtless so; and If the
waters to recede or dry up, the bottom Of the
stream would be within the territorial limits Of the
States bordering thereon, So, too for judicial pur.
poses the States exercise jurisdiction to the middle
OF me stream. But Notwithstanding this, right Of
way y guaranteed by this ordinances TO all the peo-
Pe Of the Union, or those of"spy other States