The daily union., 1846-09-03
CONGRESS ssIoNAL.
SPEECH OF MR.. A. p. BAGBY,
nE ALABAMA

In the Senate, July "a, l546-on the passage o.
the bill making appropriations for the improve
ment OF certain harbors and rivers.
Mr. BAGBY said ..
Mr.. PREspEsr. Il will hardly be expected, ever
at this advanced period Of the session, when SC
many important matters are pressing on our umt
and attention. that should sit in silence and suffer
a measure, involving, in my judgment, such mo
mentous and important principles TO pass without
expressing my decided opposition TO IL. Indeed, i
l had but one hour longer TO remain in public,
could not, in my opinion, spend that hour more
properly, and, if my views in regard TO il could
prevail, more prohtably to the country than IN OPP
posing and denouncing a measure so fundsmen-
tally wrong m principle, and fraught with such dis
astrous consequences TO the future prosperity o
the country the one now under consideration
And although the Indications around me admon
ish me that all opposition TO il will prove utterly
unayaiiing; that Il is destined to pass by over
whelming majority, and that any remarks VI mind
IN opposition 20 IL will "fal like thrice-told tale
upon the dull ear Of drowsy man." II presents IT,
self IN such questionable shape that will at least
speak 10 it, From the origin of the government
under which we live, Mr.. President, the statesmen
and the politicians, and, to some extent the people
Of the country, have been divided in opinion witt
respect TO the properrues by which the federal con-
sttuton was intended by its illustrlous authors to
be construed well TO the extent Of the power
conferred by that instrument, upon the government
OF the United States. This diversity Of opinion upon
these points had long before the close OF Gen Wash
ingon's administration, effectualy divided publlr
men, and through their influence, TO some extent, the
people Of the country, into two parties; IN fayo
Of strict and rigid construction Of the constitution
the other in favor Of liberal and latitudinous con
struction of that instrument. Considering thl
difference of opinion not doubling the sincerity will
which il is entertained and seeing, all must ad
mt that il has marked and characterized the public
action Of these two great parties for more than nifty
years, 1 shall not attempt TO show that II 10 a
departure from the principles or the policy o.
senators on the other side 10 advocate and sus
tain this and other measures Of kindred char
scler; but ! shall attempt 10 show that It Is d
fearful violation OF the constitution, that insiru
ment was understood by the republican party IN tht
better days Of the republic, and wofu departur,
from some Of the established canons Of construction
by which the extent Of the powers Of this govern
ment was to be aseertaired and deterr .ined. Tn,
legislative powers Of the government are vested II
the Congress of the United States and exclusive,
except in far It's action Is subjected to the ap-
proyal of the Executive, provided for in the sew
enth section of the first article OF the constitution
All the powers Of Congress reducible TO two
distinct heads and cannot be carried beyond them,
without violation Of the constitution. First,
such as are granted in express terms; and second,
such necessary and proper for carrying the
express powers ints execution. This Is the ex
tent and utmost limit Of the powers of Congress,
under the federal constitution. Cut loose from
these moorings, and you are AT sea without rudder
or compass; or, TO use the emphatic language OF
Mr.. Jefferson, in reference to this very subject you
enter boundless field, no longer susceptible OF lim
or definition. Assuming, then, that | cannot be
mistaken in supposing that all the powers of Con.
gress TO be found under one of the heads above
laid down, that is, under the expressly granted
powers in the first places or under the authority Civ
en- in the constitution to make all laws which shall
be necessary and proper for carrying the expressly
granted powers into execution IN the second place.
proceed TO inquire, under which OF these two
heads, if either, the constitutional power Is TO be
found to pass the bill now under consideration.
And | think may affirm, positively, without sub
jecting myself the mputation Of arrogance pre-
sumption, that it is not to be found under either Of
them, to be fairly, and by any legitimate rule Of
construction, deduced from either of them. Let u.s.
then, frs advert to the ue and the objects of the
bill Ii is 'a bill making appropriations for the i'm
proyement Of certain harbors and rivers.n That is
all. ... ....
Now, | do not question the power of Congress
to make appropriations for all constitutional pur
poses; because, one of the greatest safeguards OF
the public treasury, as well as of the public liberty
Is that wise and salutary provision of the consu-
tuition, which decl 'res that "no money shall be
drawn from the treasury, but in consequence Of
appropriations made by laws" and, as | have
already shown, Congress is the law-making power.
But what | contend for is, that Congress have no
power to appropriate money for any other purposes
than those specified in the constitution, or such as
necessary and proper to carry the granted powers
into execution. To illustrate :: Congress have pow
er to make war; and although there is no express
power to appropriate money to carry on war, yet as
the power is expressly granted, they have the
power to appropriate money to carry on the war,
under the grant of power to pass all laws which
may be necessary to carry the granted powers into
execution, and the power to make war is one Of
them. a-... 80. .."..
There is no prctence that the authority to pass
this bill is to be found in any of the express grants
of the constitution. There be no such preence.
Ii is a bill making appropriations for the improve
ment of certain harbors and rivers, and neither the
word Improvement" nor the word 'harbors," nor
the word 'rivers, is to be found in the constitution.
Neither improvements, nor rivers, nor harbors are
mentioned in that instrument They not refer
red TO by name, or by the remotest ausion. take
it for granted, then it will not be commended, in
this era of latitudnous construction and legislative
rapacity, that this power to appropriate money by
found in any of the express grants of the constitu
ton. This being settled, it remains for the advo-
Gates of this bill to show that il ought to pass, in
order to carry some of the granted powers into exc
cution, and that 1t ls necessary and proper for that
purpose, Let it be borne in mind that the friends OF
this system are divided in.o two casses--one fa-
vor of making appropriations to improve harbors,
and the other in favor of appropriations for rivers
and perhaps there may be small third class, who,
under the influence of an unbridled construction OF
the constitution, have objection to voting money
for both harbors and rivers. ] do not include, in
either Of these classes the discoverers of inland seas
and the gigantic system in embryo for their i'm
provement When that system is brought forward,
shall be prepared, trust to show that it involves
principles more enormous and more repugnant to
the constitution, and the genius of government
If possible than the bill now under consideration.
Sufficient unto the day is the evil thereof" .
1t is curious to observe how the advocates Of
this bill are divided in opinion among themselves
as to the true ground which to rest it, and the
dexterity with which some of my democratic friends
endeavor to avoid the odum Of the old federal doc
triue of making internal improvements in the States
Some attempt to derive it from the war power, and
say that it necessary to the defence Of the country
others contend that it is incident to the power to reg
ulate commerce among the several States, and that
it is perfectly competent for Congress to drain the
treasury and bankrupt the country by the conjuga-
ton Of the verb "o regulate commerce; others take
still broader ground, and contend, that where the OBJ
ject is national-that is, where is for general in
contadisnction TO local or sectional obects-t falls