The daily union., 1846-05-01

fact sir in the very same sentence--the objects L
which these general terms aude are distinctly speei
fed, and as definitely set forth as human inteiec
and ingenuity can do II In an instrument OF ina
in the responsibility Of the representative TO his con
stituents As connected with the objects OF the ap
preparations proposed by the bill now under eonsd
eratlon the section of the constitution 10 which
have referred goes on to declare that Congress shall
have power to "rsguIais commerce 'eaA J~slgn ma
ions and among the several States, and 'ci me Indian
ibss;" "to establish post offices and posi- roads
declare p" and "to raise and support armies" which
in fact is but necessary incident 10 the power TO
declare war. "To provide and maintain Navy" and
Iastly "to make all laws which shall be necessary
and proper for carrying into execution the forogo-
ing powers;"a power inserted, | presume, from
abundance of caution, and TO prevent dispute and
misunderstanding, for this last IS nothing more than
necessary result and unavoidable implication from
the powers previously vested
The power to regulate commerce includes, neces-
sarily, the power TO regulate naygaiis> And trade
Commesos among tho several Stales meShs com
msree which concerns more States than one ,wheth,
er between two adjoining States or between two
States which may export or import through one OF
more other States. Congress has the power to re-
move distractions, then, TO navigation and com
merce, whether with foreign nations, among the
States, or with the Indian tribes. There is no diff.
ference in relation to these three kinds Of commerce
as TO the power Of Congress; its power as 10 the
one is the same as TO the others, and State has
the power TO obstruct the action Of Congress IN the
exercise Of this power, whether 1t is exercised in
regard TO the foreign commerce or the commerce
among the States or with the Indian tribes. Under
this power Congress may pass laws in relation TO
pilotage, quarantine, and wrecks; lay embargoes,
pass regulations for the government Of hands and
seamen on board Of American vessels or boats,
fer privileges to such vessels whether in the do
mestic foreign trade establish ports Of entry and
delivery, construct lighthouses, huoys, and bea-
cons, piers, abutments, and breakwa on the
ocean or the lakes, for the security of nayiga-
ton, and remove distractions to navigation in our
nayigabe rivers. or what use would this power to
regulate commerce be, If you could not appropriate
money TO facilitate the commerce OF the country and
to secure the safety Of navigation by erecting harbors
on the lakes, sounds, and bays, and removing the
distractions in such great national thoroughfares Of
the commerce among the States the Hudson, the
Ohio, and the MissssipPi-powers which. have been
actually exercised by this government from its first
establishment to the present day. II might be con-
sidered unnecessary to 60 any further In search of
ample power to make all the appropriations con-
euiplaied by this bill. But this is not all.
Under the power to Establish post Offices and
post roads" Congress may make appropriations for
renting offices where they are already built, or
building offices where they are not. 1t may adopt
State roads post roads or post routes where they
have been already opened by the States appropriate
money 10 open them where they have not been al
ready opened, and to remove distractions which
may be in the way. IL may and does adopt the
rivers as post routes, and employ the owners Of
steamboats, as mail carriers and appropriate money
for the removal Of distractions TO that mode Of
veyance, equally with that by land. Such powers
of appropriation have been constantly exercised by
this government. Their exercise in no manner in .
terferes with or supersedes the jurisdiction of the
States The roads and rivers are still within the
territorial jurisdiction and sovereignty of the States,
both civly and criminally, subject to the right of
travel passage, and preservation, which the States
cannot supersede obstruct. OF what use, sir
would be ths powe~to establish post roads or post
routes, il you could not appropriate money to re-
move distractions therein, whether by land or
water
Under the power to "declare war" and "rase
and support armies" Congress may appropriate
money for the purchase Of sites and the erection Of
magazines arsenas, and armories; for the building
of forts and the making safe harbors on your lakes,
which will answer, to a very great extent, in the
place of forts, when you have provided vessels Of
war which may float safely in them; and Congress
may appropriate money to put the armies OF the ma
ton in motion; to cut out military roads, to purchase
wagons, and to remove distractions to their pro.
gress by land; or to purchase or build or charter
steamboats,, that they may progress with the great
er facility and celebrity by means of your navgable
rivers and to remove distractions which may impede
their progress in that way. Of what use would be
the power to raise and support armies, unless you
could erect forts, magazines armores, and arsenals?
Does the power to raise and support armies imply
nothing more than the enrolling and ensting the
men, and providing them with food and clothing?
When your armies raised and maintained, are
they to stand still and idle2 Are they to be placed
in the singular position IN which the gentleman
from Indiana, Mr.. PERTH, the other day left the
honorable gentleman from South Carolina, Mr..
RHErT, when, in the course of his argument, he
supposed him to be on an expedition to supply your
soldiers with arms, with wagon and team of Con-
astoga horses loaded with guns stopped in the pub
lie highway between your national armory and your
fort, by tree which had fallen across and obstruct-
ed the road standing there without any constitu-
tonal power in Congress TO appropriate money for
the purchase of an axe to enable the honorable gen.
teman to cut his way through or, are your armies
to move forward to the defence of your frontiers?
and, if so, have you no power to appropriate money
charter build boats for their transportation! to
remove the snags and RATS which might endanger
or impede their progress' When your armies
rive at the RATS on the Arkansas, where you have
two forts, on the Red river, where you have
three; are your soldiers to be disembarked and
marched through the swamps around the RATS, or
have you the power to appropriate money to pur-
chase axes and such implements may be necessa-
ry to cut their way through the distractions, so that
they pass in their boats up those rlverS lfyeu
have this power, which it seems to me no reasona-
bic man will doubt, have you not also the power
to make those appropriations in anticipation Of such
necessities There is no difference, sir, except that
the latter would be the wiser exercise Of the power
the surest way Of avoiding the dicalty of war, and
war ITSELF is to make preparations for it in TIMES of
peace.
Under the power "to provide and maintain ma
wy" we also have power to appropriate money to
erect hospitals, lighthouses bouys, beacons, piers,
rope-walks dock-yards, and harbors, either on the
or on the lakes and to remove distractions to
the entrance of harbors and to give refuge, and IN
sure safe protection to our navy when lying in
them. 1t matters not whether those harbors are on
the tide waters of the salt seas, or on the fresh wa
Of northern lakes for the lakes are as much
external, and have as much relation to our foreign
commerce and our navy, as the ocean itself How
crippled would be your commerce with foreign ma
tons, it you had no harbors for the protection OF
your merchantmen and steamerS How useless
would bethe power to provide and maintain ma
W. fyou could not make appropriations for the OBJ
ects which have specified
Then, sir, | 6nd under the several clauses of the
eighth section of the constitution, ample power to i'm
prove harbors upon the seaboard and upon the
lakes and to remove Instructions to the naviga-