Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-04-17

1870
c HupsoN, OF Massachusetts,, on the Corn
Trade oil England.
HARBoR ELL.
The House being in Committee OF the Whole
IN The Stale of the Union on The bill making ap-
r,,pria,jons for certain Rivers and Harbors-
Mr. BAYLY rose and said: have very little
u ss;. Mr. Chairman, upon the bill before the
COMMITTEE The subject is one with which the
courrry for long time, has been familiar, and
he opinions Of mos. PERSONS are made up in re-
fsf,ncc 10 IL. hare never thought that this Go
v,rnmen, had power TO carry on system OF in-
,.rna Improvements; and have always been OF
opinion that il would be inexpedieat, il The power
existed
The Government, Of lhe United States is one Of
'elecaied powers; and, By the provisions Of the
Constitution ITSELF i, is declared that all powers
| nj delegated are reserved 20 the States or The
recpe The Constitution not only contains de-
es.'iun Of powers, bu: also Of means TO execute
| .cer.; an6 The delegation oil one class Of means,
according 10 the most familiar rules OF consirnc-
non excludes The idea ci IN intention 10 delegate
auv c;hsr. These are positions which no Repnb-
/ Han, who understands The 81 principles Of bis
e-s~t, WI! diepuie. Tncn The inquiry arises: Is
IL sewer 10 carrv on a system Of internal i'm
agreements 10 be found among the powers eX-
y.essy granted 10 CorSress7 This is not pre-
means 70 execute the granted Powcrsl Neither
i, MS pretended Ii is not granted in express
tetms ei,hc, as an END or means. And il was
no 3a1vere1ce that il is SO. On the contrary, z
ma;in was made in III: Convention which
framed the Constitution 20 grant The power, and
il tailed. Ard now gentlemen seek 10 conferupon
az Govsrnmen,, b. construction, what The Con.
veniion refused 10 confer by express grant!
But scItlemen do NOT contend tia, The power
conferred by express grant. They claim il as an
implied rower. Thr.s are Two tests Of implied
plpcis, either of which is fatal ia this Cast
Upon every principle Of construction applicable
| - cur Constitution, an implied POKER must moi
ot a distinct independent, ANA substantive prero-
ea.ss au, il must he secondary; such as it il.
lar 10 presume was meant 20 be conferred sy i'm
p,ica,ion. Is the power IN question OF tina, Sc
contary characler7 Is i: not distinct, indepen.
lem and substantive prerogativel |. seems to
me IA, there canno. be two opinions on this
c,o!. The second lest 10 which refer is this;
4 .0wei claimed BY implication, as means Of
executing power expressly granted, must in its
naure be inferior or subordinate 10 means eY-
messy granted 10 execute the same power. Fu,
y3u can.o; suppose when the Convention grant
= erp;ss>y inferior means, iaal they mean; %
eoaisr tY implication, those 10 their character
superior. To show that The power in question
!. e.. q. MS Inferior class, have nothing 10 CO
Ia. /, refer 70 the Constitution, which is inll al
enumerated means Of executing granted powers,
!, a rasl deal .,ss consequence than the one now
cian,ei.
lie. Us examine this question little more in
i,sii. The power in qaeslion is thought 10 be
ierved from various sources. Ia the language
Of Nj. Clay, III is a vagrant pnwer'-now 80, T.
i.s hsDiiation in one clause OF the Constitution,
r,s in another, ard, in truth, having legitimate
an!e IN none. Not 10 delain the committee IN
~ IA ninaton Ut all the ianciiu sources from
vnca gentlemen attempt 10 derive this POKER,
.l u examine the two from which il is mos -
Eeraily thought 10 to1.
The hrst is the power 10 "lay aud collect tax
e, d1,i.S. inposs, 10 pay The debts and pfusije
,or he common de:ence and general welfare OF
ae L States bnI all dulles, im?osis and excuses
shall be uniform throughout The U. States"
l. il insisted, that an,irI this clause Ouusirss
ian 80 ANYTHING that ran b. done by money,
wnrh 10 lis opinion will provide Tor The Ssnerai
wei.are. In ciher wards, the poSer IS sought 10
b. derived under what Is veil known as The 2e
aeral welfare" docrine There Is very shcIi
answer 10 this whue doctrine. which IS perfectly
j conclusive The Constitution was designed as
restraint on Congress- 10 iecr discretion; TO con-
lac il within narrow and prescribed limits: IN
YJ.i as an exact measure OF the powers OF Con-
,rrSS Du. MS uGlTUc MskSS INC uisCicii'H
~ Congress, aud not The Constitution The nsa
ire Of lis Towsr" lf hi, doctrine is true, near
.rerT other clause .. the Constitution is sur
7u.,sr; Tor there is very iiic pertaining to Go
ysrnn..ni which NAV not De done under the
.vselin: power 10 provide for the general vel.
ar Ru, there is nothing sDperdaous Ia The
Ca1Ailulios. The words in question, so lar from
.'ias designed as an enlargement! vi The powers
ICoD,r,ss were designed as restriction. Con-
sress NO only may not ITO whatever il may fancy
vii rroyids Tor the general wsliare, bat il may not
asn exercise the powers expressly granted for
sy other purpose Than 10 promote the general
Welfare. The powers granted are not 10 be useG
~ special, bat general phrposes-no! for State,
% t,r national purposes. This view alone is
,ai "a he bill! before The House, as il will be 10
~ one which will be introduced with any pros-
2,ci u success LEGAL appropriations will have
Y I'D .e 10 secure strength enough 10 carry any
III. Hal-mHovement power is also claim
: under III. clauses authorizing Congress no
rgu'ae commerce with foreign nations, and
anOnc The several States, anu With the Indian
, ioes; aud TO make all law which shall be ne
5 'tssary ard proper for carrying into execution
< foregoing powers.
Tae word commerce, at the time il was used
Ia Constitution, had 4 received and recos-
.
agsi sense. II meant pursuit, rather than a
ing. Il is the business of commerce, and not the
!, saq, hy which il Is carried on, which Congress
!; =. right To regulate. Under the power to re
: la. commerce, Congress may prescribe Tie
: rms upon which trade NAV De conducted with
: sisa nations but il cannot prescribe the medi-
) 10 through which il is carried on. II cannot say
: merchant, that he shall export his goods 10 q
SOP and not in schooner, in sail-vessel and moi
N l. De-. Il /
, pin ceny The power in this case. The provision
:, The Constitution confers power oaiy over things
, existence; and So il We conceds to i. the utmos,
.iNude Of rcgn 'ation, il does not give the power
I Creation. deny that Congress can regulate the
'eass Of commerce But suppose il can that con-
: F., no power to create them may admit, for
:eumen;, that Congress may regulate The ship
ne Of merchants; but does it thereby acquire The
i aVer to furnish them with shipping a. its own ex
. eam7 Ideny liza, Congress has the authority 4
/ sa,,h ships and wagons to carry our produce te
. siS,,, bu j. has as much power to do that as il
!, "a, 70 M,nish canals and boats, railroads and
= ss Gectlemen also claim the power 10
!. ce',io. nnder The clause authorizing Con-
v IS TO make all laws waich shall be asess.
= ~ and proper for carving int1 eKecH!ia's"
!. sg:antsd powers. stronger arr lnent agains;
q IS yhole doctrine Of power 10y implication could
!, De devised than from this provision Of the
!. aIiiltion. IL there IS any principle Of uni
! ra application, it is, that where a power is
scl,i,ly delegated, the means necessary for its
;.cuiion is delegated also; and yet so averse
taae convention which framed the Constitution
Y powers by Implication, that even 10 this case
Z PES resored 10 an express grant, Now, sir, in
ne discussions relative 10 the clause under
asfleraion il seems 10 me that there is a great
!, 'a'lsion Of ideas. The arguments advanced
!. ~ . show ha, the exercise of the power claim
. necessary Tor The welfare Of ,he people-inr
government. THIS might be admitted and
:, u would not advance them one step ia the
4. saen, To &c, power 10 pass laws under the
Is lse Se are discussing. you must show that
y, tae necessary N tie roicer and that without!
2. .a iae power cannon be executed. Whenever
= . eau Go lha,-whenevsr you can show that
I; e'sas. of any particular Law is necessary 10
= ttdtty 10 a granted power, wi,hou, The pas
y g o. which i, would be dormant then gran;
- have authority to pass 1t. This necessity
~ b .s,exissent with the power. But when
y have shown that the exercise of any given
"a ser Is very erpyiient or convenient for the Go.