The Somerset herald and farmers' and mechanics' register. [volume] (Somerset, Pa.) 183?-1852, 1846-04-21
congress tonIl.
SPEECH OF THE
HON. 4. STEWART,
OF PennsyiVania.
OF Pennsylvania.

On Internal Improvements and
the Tariff. Delivered In the Ell.
of Representative OF the Uni
ted states. March II, zS46.
Ma. STEWART. Of Pennsylvania, said.
he had not intended to address the COM
miitee on the subject now under debate.
but some OF the remarks of the gentleman
from Virginia. MIR. Bayly.) who had just
resumed his seat, had induced him TO de-
part from that purpose. and 70 throw him
self on the INDULGENCE CT the committee.
That gentleman opposed this bin on
two grounds: lst, he denied the constiu-
tionai power Of Congress 70 pass II: and
2div, he denied the expedicncy Of doing
so if the power existed.
He wished to say few words, in the
first place, in reply TO the constitutional
objection. and then notice some of the
other remarks ofthe gentleman, in the or
der they might occur 10 him, for he had
taken no notes. AS 10 the power, ii seem
ed to him IL Congress had not power TO
pass this bill. ithad NOT power 10 pass any
of The three hundred bills now upon the
calendar. What are those bills! What
is their end and purpose! They are all
introduced IN pursuance Of that povision
of our admirable Constitution, which de-
elares that Congress shall have power to
pass all laws necessary and proper 10 ear
~ into execution the foregoing powers"
The grants OF power were. I'm Tery few
words, ihus-"Congress shall haze power
10 regulate commerce with foreign nations,
and among the States" 'sdcclare war.
raise armies, provide and maintain navy.
establish post Offices and post roads, and
having thus briefly indicated the great and
subsisnsire powers of the Government II
wisely declared, that Congress should
have power to select the means s.neeessa-
~ and proper for carrying into effect
these powers This, perhaps, would have
followed as q matter OF course; but, to
remove ali doubt, II had been expressly
inserted Now, what was the character
of all. or nearly all. the bills on your cal
endar. and all the laws in vour statute
booksl They were but the means pro-
vided for carving into effect the great and
express powers Of Government. and if
this bill to improve harb0rs or rivers, 10
facilitate the commerce and defence Of the
country. was unconstitutional. then all our
bills are equally unconsiitutional. andCon-
gress might Is well adjourn and 90 home,
and for all the good they are likely TO do.
he thought the sooner the better. The
repeal OF the tariff. the sub-treasury. and
war, with al their bit,eT and disastrous
fruits. he feared were the only measures
10 be expected from the continued de!ib-
eralions Of the present Congress. The
Southern strict c0nsTuctionisis. however,
found their constitutional doctrines cx-
ceedingiy convenient whatever thev wish
. carry was perfectly constituiional.w with
o5t The least shadow Of : doubt; but
whenever : measure Is proposed which
they dislike, and want to defeat. they have
IN easy expajient always ready-lhey.get
behind the Constitution; il does not suiI
their taste: they do not relish It's provis-
ions: and CT course il Is contrary to the
Coastimt.on. But Whatever pleases
Southern notions. or Southern Interests, Is
ali rIght-ali perfectly constitutional.
aIr. 5. did not derive the power 10 pass
hill for internsl Improvements from any
one special grant in the Cons tuition: il
depended upon the character OF the inn
Provement proposed-upoa lis end and
o5iect. If it was intended to facilitate
commerce amoug the States. the power to
pass i resulted from the power "tO regu-
lz.e commerce among the States" Ii II
was intended as a military road or canal.
it referred itselfto the military powers. Ii
II was designed for mail purposes, then
the right 10 pass IL was derived from the
pest Office power. Thus each and every
constitutional grant of power carried with
It as necessary incident, It's own sppro-
pirate means Of execution: and without
this the Constitution would have been
dead letter. and this Government could
never have been put in motion.
The Constitution did no;, Of course.
enumersic al the tl.ilgs that Congress
Tasv do: il could not indicate all the laws
that Congress might pass 10 carry on the
GOveTnment II all ginle TO come; that was
impossible. aad the attempt woald have
hosn p1epos.erous. The Constitution IN
is-' case, would nave been, not an organic
law. ba. code Of laws for great and