The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-05
CoNGRE ssIeNAL.

OF ALABAMA,

hArDOfs anu HNeIs. t..... b..
Mr.. PAYNE said, whso he obtained the hoos
on yesterday, his object had bean merely 10 submit
a few remarks upon the bill then before the com
mittee. The committee rose aud the House ad-
jodrnsd very much against his wisbes; because the
brief remarks dsalgnsd then and GOV % be made
assume the appearances Of morc Formally.
Hl.. ssl!sssss ca-n@>nx, az yst,srtsy
had characterized this bin pou odiopsy y. md etn-
demned il most strongly, He must be permitted
10 remark that in his opinion, tho character gisen
and the condemnation pronounced by BIN, were
both Just and proper. .-.ff.
Take this bill up, turn it as you may, view il in
any aspect, and ia some particulars v the most
extraordinary bill ever presented to the considera-
ton Of Congress. Take il up one side and down
tho other, and has parallel 10 prohigacy Of ex-
penditure Of the peoples money, or IN ne absolute In
Justice in reference to its sectional Partially.
Sir (sad Mr. p, in the better days ofthe realb-
lie il was held by the most distinguished members
Of the republican party that Congress had no con.
situtional power TO carry on this system Of internal
Improvement within the States. II. his memory
did not fail him, Mr.. Madison had given evidence OF
his conviction that no such power was possessed
by this government. Mr.. Monroe at subsequent
period unequVocally denied the existence Of any
such power; and It was upon this vast question Of
political power, claimed at the time by tins govern
msnt and denied by the States, which produced
the breach IN the democratic party at that time, and
finally resulted in the alienation of Mr. Clay from
his republican friends. No at that day com.
handed greater degree ofpuble confidence, or en-
joyed brighter future prospective, than Mr.. Clay.
What has been his fatei He proposed not to read
his history or write his epilaPh but he warned the
political aspirants Of the present day 70 learn
dom by experience and profit by his example
Mr. p. said, it was not his intention TO make an
elaborate argument upon the constitutional power
Of the government to make improvements within the
Safes. He knew too well the smile Of dersion
with which the House received every argument
against its own power; he had marked and deeply
regretted that feeling; it proclaimed the decay Of
political integrity In the representative body, and
should it finally seize upon the public mind must
result in the loss OF all worth preserving il not in
the destruction Of the government itself.
,, He would, however, even at the expense Of ex-
Gang the smile Of the committee, respectfully ask
the honorable gentleman, [Mr. TiBsarrs,l who re-
ported this bil where he derives the constitutional
power authorizing the improvements contemplated
by it, In what clause of the constitution is the power
to be found
No reply being given, Mr.. p. continued. He
knew the advocates Of this bill claimed the power
10 passit under the clause authorizing Congress to
regulate commerce with foreign nations" He
denied thal the power to reulate commerce. confer
red any authority upon the general government to
make improvements within the States. He main-
tanned that This was government OF limited and
a.lega,ed powers, and that all tho powers -ksloanng
those which are necessary 10 carry into execution
the delegated powers. The power to improve
rivers, dig canals, or pave roads, is to be found
in the list Of enumerated powers; nor is it, in his
opinion, necessary or proper" TO the execution Of
any one Of the delegated powers.
WHAT'S meant by the words 'to regulate commerce
with foreign nauonsi'' Can they by any legitimate
rule Of construction be made TO mean to open river
dig canal, or pave q road No one will contend for
any such meaning. If not, then he asked, is the
opening Of river, the digging ola canal, or the
paving Of a road in our own country, incident to
the regulation of commerce with foreign statesi''
He thought not. To regulate commerce with foreign
nations was an external question; to improve river,
make road, or dig canal, is an internal question.
He could not perceive how the owe was incident to
the other; nor could he perceive how power con.
ferred upon Congress for the accomplishment Of an
trsrnai object could be directed to the accomplish
nlent Of an internal object. ..
The words to CIRCULATE commerce with foreign ma.
TONS" used in the constitution, mean nothing
more than to authorize Congress to prescribe the
rules by which the interchange OF commodities be-
tween this and foreign nations should be regulated
The power to prescribe these rules necessarily be-
longs to the federal government Why this neces-
slty' If the power to regulate commerce had not
been conferred upon Congress, each State would
have reserved the power to make its own CONNER
cial regulations. The commercial policy Of each
might have been different New York would
Massachusetts closed hers against ii; while other
States might have adopted a wise and liberal sys-
TEN of revenue duties. To obviate these Difficult.
ties prevent the defeat Of the revenue laws, and to
establish a uniform commercial system for all the
States, constituted the sole reason for comforting
upon Congress the power to regulate commerce
with foreign nations. Similar reasons require tha
Congress should regulate commerce between The
States. Massachusetts might-probaby would -
tax to exclusion the products of Connecticut, and
pice persa. To prevent the jealousy, heartburning
and discomfort conflicting systems would engende
between the States, and TO prevent one State from
taxing the products Of another is the only reaso,
why the power to regulate commerce between tn,
States was conferred upon Congress.
Sir (said Mr.. P.,) If am correct in the views al
ready taken, it will scarcely be contended that tn
power to remove distractions in river, dig canal
or pave road, is necessary to carry into execution
the delegated power to regulate commerce with for
eign nations, or between the States If not, h
hoped the committee, by decisive vote, woui
condemn this bill Have gentlemen reflected uPo
the tremendous power which the doctrine they no'
advocate bestowed upon this government over a
the omployments ofindus,ry, agricultural, mechan
cal and commercial If Congress has the power
make road or canal, has she not power to plac
wagons and boats on her roads and canals for CON
mercial purposes And after her roads and canals
her wagons and boats were built, would not tn
same power claimed over commerce authorize TIL
try, and furnish the merchandise or material upol
which commerce is founded
II the obligation rests upon Congress to furnis
highways for the transportation Of the products Q
the country as a mcans Of regulating commerce,
seemed TO him the still higher obligation Of furnish
ing the products upon which commerce is founde
is still more imperative. He would like to hear
distinction taken upon that points he should lire
be convinced himself that the power to estahlis
hghways for the transportation Of the products of q
country as a means Of regulating commerce, did M
embrace the more sensible power Of furnishing u
| products upon which commerce is founded. II
believed no such distinction could be taken. limo
and the power to do the one necessarily involve
| the other, what rational man would even claim Il
this government the power to do either lie deni,
the right OF Congress to exercise this power upc
.,otber grounds. IL was admitted, he believed, upC
oil SIDES that the States were sooercign within the
respective limits; whereas this government can C.
.reise exclusive jurisdiction over the District
Columbia, her forts, srsenas, and dock-yar
only and that by express constitutional psrfnisso
hthis be true, can this government, against the co
sent Of State, establish works Of improveme
within her lmitsl appropriate her lands and h
\ water TO roads and canals, establish toil-gates the