The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-04
MR., PoLK's OPINIONS.


had uniformly professed, to lay before our reau-
A.. the following report, which he prepared and pre-
.sD,.d to the House OF Representatives IN January
,s4,--more than fifteen and half years ago This
r,oor though long, is very interesting texPlains
ri. DdncipIes on the true theory OF the consultation
On the question Of distribution, and especially on
III, question Of internal improvement The last Is
now the topic before Congress and the country.
w. feel ourselves authorized to say that his opln-
ions are unchanged since the report OF 1881, and
that il is calculated to explain the positions Of his
VETO message of yesterday. IL is seldom that We
meet with paper of this length eomprehending SO
MANY high matters and such difficult problems,
which contains so much solid truth as this report.
We respectfully invite the attention of our readers
to its whole course Of reasoning, worthy as it is of
the republican, Jefersonian school.
viii our readers excuse us for subjoinng to this
report the very few editorial remarks which appear
in the "Richmond Enquirer of March 10, 1891,
which publishes Mr.. Folks report
From the Richmond Enquirer ofMsreh 10, 1891.
.sTbe last United States Telegraph ppublishes
these resolutions (of New York on the subject Of
distribution, &C., with "A question for the Richmond
Enquire DO you approve OF the following resou'
dons, adopted by the Legislature OF New York Yea
without asking the United States Telegraph
the quo amino with which the question Is put, and
40 categorically put TO US, we feel not the slightest
hesitation in answering at once, Nay. II the Tel
sgruph will refer TO structures on the Presidents
last message, il viii hnd the opinions OF the Rich
nond Enquirer freely and explicitly developed upon
this whole subject Of internal improyement-and es-
pecialIy upon this proposition. We answer nay,
because we approve any violation Of the con-
stitution Of our eountry--because we do not believe
The constitution, stands sanctions such an APP
propraton Of money TO the purposes OF internal m-
provement. We have uniformly opposed the erer-
else of this power as prohibited by the eonsti-
tuition OF the land. We opposed the great scheme
of internal improvements based upon the United
States stock ofthe United States Bank, supported In
1877, and arrested by The rsio d Mr.. Madison, as
he last act Of his administration. And we are o.
posed to these New York resolutions, for the dstri-
button of the surplus revenue Of the United States
Ia Lr non seripta. Such was not he ls,o and The
pOPAsis"
DISTRIBUTION OF SURPLUS FUNDS.
JANUARY %, 1881.
Mr. Polk from the select COMMITTEES 10 ohieh The rub
jsct had been referred, made The JOiO,0ing report
The select committee 10 which was referred much
of the Presidents message relates 10 the dis
time remain in the treasury after the national debt
shall have been paid, among the States, In proper
ton to the number Of their representatives, to be
applied by them to objects Of internal improve
nnent have had the subject under consideration,
and submit the following report:
The proposition to distribute the surplus revenue
among the States for purposes Of internal improve
ment submitted by the executive TO the eonsidera-
ton Of Congress, is so Intimately connected with
the whole subject Of internal improvement, in what
ever form, or with whatever notifications, power
the subject has been heretofore attempted to be
exercised by the federal government that compar-
alive view Of the whole subject, well Of the OBJ
jectons to each mode as heretofore attempted to be
practised on TO the plan proposed, and Of the adj
yantages of EACH is believed TO fall within the scope
Of the appropriate duties Of the committee, and is
indispensable to full development Of the reasons
which have induced them TO come to the concu-
sions at which they have arrived.
They propose, therefore, as briefly as they can,
to examine these various NODES well in regard
to their consdutonality to their expediency, for
the purposs OF boiuS enabled TO present more dis
dnctly and clearly the views which they entertain
upon the particular propagation sabmitted by the
President, and referred to their consideration by the
House.
Before they do SO, however, it may not be i'm
proper to state that they fully with the Pres
ident in recommending, for the present, IA rigid
application of that portion of the public funds which
might otherwise be applied to different objects, to
that highest Of all our Obligations, the payment OF
the public debit" and that until the debt shall be
finally extinguished, no money should be approprla.
ted from the treasury, to be applied either directly
by the United States to objects Of internal improve
ment, or to be distributed among the States, to be
applied by them to such objects.
|, may be proper TO state, also, that, when the
debt shall have been paid off, they are Of opinion
that the taxes should be either wholly repealed OF
greatly reduced upon many articles, especially upon
such as are not produced in the United States, or,
produced, but to limited extent; and upon such as
may be considered necessares of life, consumed by
the poor as well by the rich, and the duties on
which impose onerous burdens on all classes.
These preliminary considerations, which the COM
muee have deemed it proper to state in this place
will be more fully noticed in a subsequent part Of
this report.
Attempts have been made to exercise power or
the part Of TIE federal government over objects OF IN
ternal improvement in three modes:
LIST. To construct works of internal improvement
within the limits of the States, assuming jurisdic
ton over the territory which they occupy, with o
power to preserve them when constructed, and to
punish offences committed on them; 49,,
Cd "To appropriate money from the Dationa
treasury in aid OF such works when undertaken by
State authority, surrendering the claim of urisdic
tom" and, ...
3d. To aid in the construction Of such works by
subscribing to the stock of private associations" Of
Incorporated companies.
On question SO often and so ably discussed al
tina, of the constitutional power of the general gov
eminent to construct or aid in the construction o
works of internal improvement within the limits o
the States, in any of these modes, the committee d.
not propose to make an extended argument, bu
simply to state the principles and authorities OF
which they rest their opinion.
In Mr.. Madisons celebrated report of December
1899, Ia production believed to contain the sound
est exposition of the true principles Of the fede
raj government extant,) rule is laid down which
the committee adopt as sound one, by which t
determine whether given power is granted by
the constitution or not. That rule is this: "when
ever question arises concerning the constitutional
lty of a particular power, the first question is
whether the power be expressed in the constitution
If it be, the question is decided. fit be not ex
pressed, the next inquiry must be, whether it i
properly an incident to an expressed power, and ne
cessary to its execution. lfit be, 1t may be exer
cised by Congress. II it be not, Congress canno
exercise it," Let, then, the power claimed be test
ed by this rule. 1t is not pretended that the powe
to make roads and canals is to be "found amont
the powers expressly vested in the Congress-" II
then it is not found among the powers expressed ii