The daily union., 1846-09-03

he olale ana federal government, 10 guard against
which, was fundamental object with the trainers OF
the constitution, and without which, that instrument
never would have been adopted by the States. So
Jealous were the States upon this subject, that they
would not cede 10 the general government the power
TO construct post roads in the States for the trans
pOrtation Of the mail But il is said that the prnci-
pie IN this bill Is necessarily incident TO the power
ito regulate commerce among the several States
or all the peryersions Of the language, and meaning,
and spirit of the constitution this is, TO my mind,
one Of the most glarlng The power is to regulate a
hing already supposed 10 be in existence, not 10
create the thing ITSELF Is there no difference in
| creating or constructing or making machine, and
regulating the machine after II Is madel Ii II had
been the meaning or intention Of the trainers of the
constitution TO confer upon this government this
enormous power, how easy would IT have been
| 10 employ the appropriate language for that pur
poser How easy for them 10 have said, as they
did IN regard TO the navy power, that Congress
| should have power TO create or provide the means
OF pr0ptding and Ihdintaining commerce among the
several States. But they said no such thing be-
cause they meant no such thing. All they meant
vas, 10 leave the States TO establish, create, or
| make commerce among themselves, and only del
egaed TO Congress the power TO regulate 1t when
established, The power 10 pass this BILL therefore,
Is not derived from the power TO regulate commerce
among the States. And you have just the same
power to build vessels, TO carry on commerce be-
tween the Statss, or purchase the articles for the
purpose Of carrying on that commerce, as you have
10 cut canals, construct roads, or improve tho nay
CATION Of rivers for that purpose. The last hiding
place IN which this insidous power has taken
refuge Is that provision Of the constitution which
gives the power TO dispose Of, and make all Deedfu
rules and regulations respecting, the territory aud
other property belonging to the United States.
Does not everybody at once perceive that this
provision was only intended to vest in Congress the
same control over the territory, that il did over the
other property belonging TO the United States, and
not to french upon The sovereignty and jurisdiction
Of the States And yet has been used for the pur-
pose OF enabling Congress TO appropriate money 10
improve harbors and rivers; to make Improvements
IN the States; and not only the Improvements of the
rivers, but at this very session bills have passed
This body giving alternate sections to a very large
amount ofthe public lands in several Of the States
10 make or to finish railroads. This is the doctrine
upon this point held by Congress to the States:
1--WE own the land, but cannot, under the doctrines
that once prevailed, make internal improvements in
the States; but If you will take the land and make
railroad or canal, you may have it,"
Now, do not question the power of Congress TO
make all needfu rules and regulations respecting the
territory and other property belonging to the United
States; il is granted for that purpose in express
terms. But do deny that Congress have the pow,
er, under this grant, TO dispose Of property for the
purpose of violating the constitution. And in the
case Of those alternate sections, it is corruptng
the giver and to the receiver 1t is glaring stretch
OF power on the part OF this grant the
lands for such purpose, and act of downright
meanness on the part of the States TO accept them
Tor such purpose | look upon the public land be-
longing TO the United States, the trainers Of the
constitution looked upon it, that is, as property be-
longing to the United States And as | said on q
former occasion, Congress have no more right or
power to give two millions of dollars worth of land
to make a railroad in illinois or Michigan, thereby
Withholding that amount of money from the treasu-
han tka.F han
dollars directly from the treasury TO make railroad
in Maine or Massachusetts. The public land and
the money In the treasury belong, equally to the
United States; and think it will require powers OF
discrimination not often with to point out the diff
ference between them. The senator from Miss Mr.
SPEIoHT had the solution of the whole problem at
MS fingers end, when he was about to whip through
his alternate section Pearl river BILL but he has not
yet favored us with it. The truth is, his bill was
but feeier, the adyance-guard of this system; and
have no idea that my honorable friend from Ms
ssspPi had the least idea that his gallantry was
about to lead him to Little Fori-a sort Of hog tvat-
toip-where there is neither paisr nor commerce
and which, by the courtesy of this bill, is yceped
a harbor. There Is another curious feature in this
proceeding. do not believe that there is a solitary
ITEM in this bill that would pass, if it stood alone;
and yet the whole bill containing a hundred items,
amounting to nearly million and half of dollars
is to pass by large majory because, as the sena.
tor from Indiana says, il is a bill of concessions
That Is to say, one million three hundred and odd
thousand dollars are TO be appropriated for internal
improvements in the States, and the senator's and
representatives of tine States in which the appropr
atoms are TO be expended, for the BILL in order
to get their respective distrbutve shares of the ap
preparations And this, suppose, is what we are
TO understand by concession. That is, they concede
nearly million and half from the treasury and
divide among the States they represent! And that,
too at time when the country is involved in a for
eign war, and borrowing money and issuing treasu-
ry notes to carry 1t on. ....-
What, ask, would be thought of the temerity
and hardihood of any member of this body who
would, In the present condition of the country and
or the treasury, bring forward proposition to
borrow million and half of dollars to accom-
psh the objects contemplated by this bill, And
yet it amoubts to the very same thing. Take this
amount from the treasury, and you will have to
supply IT IN treasury notes. by loan, or by direct
taxes was gratfed that the senator from Ten
nessee offered an amendment to appropriate $780,
O0O Tor the Improvement Of the Tennessee river,
which runs through part ofmy own State, because
1t afforded me the opportunity of indicating my de-
cided opposition TO, and utter detesation of, the
whole system, as unconstitutional, unwise inexpc.
dent, unjust corrupng in its tendency and destruc-
tive of all morality in legislation; system of broad
cast undisgused logrolling, which, if not arrested,
is TO nfuse itself into, and poison the whole current
Of your legislation Sir, would not vote for this
- - S'y ooiipi oPpiop'ioieu ny ~, anu eH unes
as much was to be expended in Alabama The
people Of that proud-spirited and patriotic State do
not desire improvements TO be made within her linn
Its upon the ruins of violated constitution and at
the expense of any portion of her sovereignty They
do not sell their birhright for of poitage or
paltry appropriation. They learned their political
lessons in other schools. We are gravely reminded
however, that the principle contained in this bin has
been practised upon by every administration from
the foundation OF the government down to the pres
entday. Mr.. President, no one cherishes more re-
spect for the opinions, cnterains more veneraton for
the memories, feels gratitude for the services
or admiration for the talents, virtue and patriotism
Of the great and eminent men who have gone before
Us in the track of public affairs, and especially
the trainers of the constitution, than do But
in determining the solemn question, what powers
this government may or may not exercise. | look
to the constitution itself That was the great chart
furnished and left to us by our ancestors, to guide
US through the intricate mazes Of legislation through
all future time And frankly admit that precedents
have but little weight with me, where the language
OF the constitution Is plain against the exercise of
power, or where It is silent in support of it. | take
the obvious meaning of the words in the one c.se