The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-02

| cessity must be enexistent with the power. Blu
when you have shown that the exercise of any CIV
| en- power is very expedient or convenient for tn
govenment-nay, will 20 further, and say hel
you show that II is absolutely necessary for the gov
eminent TO posse IS such power, you have not ad
| yaneed step towards showing that the government
IN fact possesses il. All you have done IN such
| case is to demonstrate the propriety OF amending
the constitution so as TO confer the power, express
revision for which is made. And 10 the very fac
Of providing it, the trainers of the constitution show
ed that they contemplated state of things IN which
additional powers would be needed by the govern
| ment that could not be derived in any other man
ner They had no idea OF deriving additional pow
ers by the mode Of construction now contendeC
for.
As an Illustration Of the sort Of necessity wlicl
will authorize the passage Of law for carrying int
execution a granted power, | will take the case d
the mint Congress is empowered 10 coin money
Ii cannot do this without mint. IL Is not posi-
bei the necessity Is inherent IL is independent NJ
circumstances. Il existed the day the constitution
was adeptedi it will exist forever. Thus construed
you make the constitution what il was designed 70
De, a stable and kxsa sAs~ss Br cpnstructt gen
lemen would persuade US, and you make Il any.
thing else-ss changing as tickle circumstances.
But not satisfied with the argument derived from
the constitution ITSELF gentlemen resort to precedent
and they refer particularly to the establishment oil
lighthouses. The power Of the government TO es-
tablish lighthouses Is very questionable. Mr. JEFF
ferson and Mr.. Madison both so regarded it. They
did not derive the power to erect them from the
power TO regulate commerce. They referred II to
the power 10 maintain navy. Lighthouses were
considered us necessary for that purpose dock,
yards, power TO construct which is recognised by
the constitution to be in Congress; and the power
IN the case ofllght-houses was considered as also
recognised in the clause, under the head OF
other nsedfai beiIdings" The language ofthe con.
stitution is 'tO exercise exclusive Legislation in all
cases whatever over all places purchased by the
consent Of the legislature Of the State in which the
same shall be- for the erection of forts magazines
arsenals dockyards, and other nsedtul buildings.
The oonnexon In which these last words used
shows that the other needful buildings" re-
ferred TO such as were in the same category with
dock yards, and needfu TO the army and navy; and
lighthouses were considered as belonging TO this
class.
more striking illustration Of the mischief Of re-
lying upon precedent, by which the abuse of to-day
Is made the law Of tomorrow, could not we'll be
produced than this affords. In the case OF
lighthouses a doubtful power is exerted; this is
made the precedent for one still more so; and this,
again. is made precedent, until, by thlssystem OF
Pelon upon Ossa, you destroy everything like limi.
talon of power in the government
But sir, the power TO construct internal improve
ments Is not only not granted in the constitution,
but It is inconsistent with spirit. Uniformity is u
characteristic OF the constitution. "A duties, i'm
posts, and excuses shall be uniform throughout the
United States" Naturalization and bankrupt laws
shall be uniform. mo preference shall be given,
by any regulation Of commerce or revenue, TO the
ports of one State those of another" Repre-
sentaton and direct taxes shall be apportIoned
among the several States according TO their respec-
tive numbers"
equal advantages and to provide against unequal
favors among the several States. But what folly II
| was in the trainers Of the constitution to take Sc
much pains 10 secure uniformity in raising revenue,
It they designed to permit inequality into its dis.
tribuuon. Practically the same result follows
There is as much Partially and injustice in the one
case the other. Inequality is inherent in this
whole sytem; it is the very law Of lis existence II
State section could receive under it than
its share-if no State could receive more than she
contributes, none would anything about il; for
they would only get back their own, diminishtd by
the cost of collection and disbursement. If no State
could receive than 1t contributes, 1t would be
better for il TO collect and dlsburse for ITSELF Ii
does receive more than its just pr portion, other
States will receive less, which would be unjust So
this is system which, to make it desirable to any
you must make it unjust to some. The provisions
Of this bill show the inequality of the system II
arpropriates million and half Of dollars and in
the southern States only ffly thousand dollars for
Savannah and twenty thousand dollars for Charles
| ton comprises the whole of the appropriations
from the banks of the Potomac TO the Gulf OF
Mexico! And this inequality has existed whenever
the system has been in operation, and it will conn
ue long as it exists The facts upon this head
presented by the gentleman from Alabama, [Mr
YANcEY, are conclusive.t
But, sir, not only insist that this system is
CONSTITUTIONAL but that if it were otherwise it would
be nexpedent. This government could no. wisely
| exercise such power The country over which
| we legslae is so extensive, that it is impos
| sble for the local infornatioT
necessary for the judcious exercise of such power
Suppose an appropriation ls asked for in Maine, OIL
Wisconsin, how can | know anything PERSONAL,
| Of the propriety Of III Shall I rely upon the rep
| resentatlve' He will be interested in misleading
me.
The natural tendency Of such system is to ex
| travagance. Such was the case in the States wher
| there guards against 1t, which do not exis
here There was the better local informa,ion Their
was the more direct responsibility growing out o
smaller constituencies; there was the safeguard o.
direct taxation In the States there interes
| in favor of expenditure except that which was tc
profit directly by it. But it is very different here
Allied with the interest be directly benefited b,
the expenditure is the tariff interest which is to pro
fit indirectly by it. With all the powerful guards
! to which have referred in the States the system
| ran into prohigacy and ruin. IF the system is in
reduced here, what will be its end Can any on,
| doubt
| This system will enormously increase govern
mental patronage. Heretofore it has been confn ct
to individuals; and thus confined, we all know thu
influence of it. Introduce this system, and il il
extended to districts-to States. Suppose the demo
cratic party in the ascendency, or the wing, and
will be the same with both. The democratic partl
is in the ascendency A district is wing. 1t get
no appropriation. An election is to come on il
another. 1t is important to carry it and it gets al
appropriations And look what enormous discretion
this bill confers upon the Executive. There il
appropriated for the Improvement of the Ohio river
THE appropriation for Char cston afterwards strck
| en- out.
| MIR. Y,NCEY said:
sin the hrd volume Of executive doc uments al sessio
Esd Congress, And the following facts, exhibiting tn
/ of monsY dsnrsed by rensral