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

elements, appointments, and constituent paTts-are
matters Of fact, known 10 the iterate as well as
the learned. And complex as the fact may be, still
us only fact at last and is at once, capable OF
being recognised and Identified by the humblest in
tellect Few objects in nature art present them
selves otherwise than in very complex sIatei but,
nevertheless, each organized mass OF facts consii-
tutes distinct and definite object Of contemplation,
in relation TO which even brute creatures do seldom
misaP prehend. When, therefore, the constitution
enumerates and calls by name the several subjects
upon which we have power TO legisate, Il speaks
not scientifically but historically, and addresses itself
| to the commonest sense of the commonest men.
And there is not single subject designated in that
constitution, that cannot be readily conceived Of
and identified, a medical college, orphan asy-
lum, or penitentiary. The sciences of astronomy,
| anatomy, or botany, are known only TO those who
by profound investigation, have detected the laws
that belong TO these different departments Of know-
edge, but as to what the subjects, respectively,
ofthese sciences, even little children know as well
| as ourselves.
| know that nice and difficult questions arise, as
10 the boundaries between the legislative powers Of
| this government and those of State government,
where both governments possess the night 10 legis-
late upon the same subeap but this imparts no OBJ
security 10 the question Of fact, TO what is thai
subject and to this question Of fact my argument 10
aimed TO be directed, and is made in the absolute,
without any reference TO what may be the rights Of
State. Questions, too, Of profound difficulty
times occur between the different departments Of
the federal government touching their just limita-
TONS but these, neither, have any relation 10 the
| object Of nay inquiry.
Not doubling that | am fully understood, let me
apply the doctrines have urged to the different
provisions Of the constitution, under which the
| friends Of this bill have attempted its justification.
| As to the general welfare" phrase, no one but
an abandoned consoidationist could ever look to
that source; and to that school of politicians it is
i in vain TO address arguments. | shall consider the
| three clauses Of the constitution that have been
relied on by gentlemen Of my own political party
TO regulate foreign commerce; to raise and support
i armlesS 10 create and maintain navy. These
three clauses describe three distinct subjects Con-
gress has power to legislate upon. Now appeal
TO the candor and common sense of gentlemen,
with what sort of propriety, with what decent re-
gard TO any principle OF Just reasoning, can it be
pretended that river, cana, or the wharyes upon
| river bank, are part and parcel, component ele-
| ments, appropriate appendages, of an army or
navy, or of system Of regulations for the govern.
ment of persons engaged in business Of foreign
| commerce. And this put to gentlemen, upon the
supposuon that the restrictive words necessary
| and proper" were expunged from the constitution,
and Congress left without any other restraint than
what the common sense Of iliterate persons would
impose upon II. | admit there are relations OF
| utility and convenience between an army and a
river or canal; but similar relations subsst between
| all the parts and interests Of society. The social
Il
dependence and support between all its component
| elements "All are but parts of one stupendous
whoe;" but If your powers cover part, must they
| therefore embrace the whole The improvements
contemplated by this bill may, under some contin-
gency, at some future time, be Of occasional and
transtory use TO your army or navy. But the
products Of agriculture and the mechanic arts are
at all times, and without contingency, absolutely
| indispensable to the support Of your army and
navy. Why, therefore, could you not erect pub
lie clothing factories, purchase public farms, to
supply your military granarIes and warehouses;
True, public ship might want to pass up or down
the Ohio river, or might to lie for few days
at the wharves Of ST. Louis. But chaplans for the
health Of souls, and physicians and surgeons for
the health Of bodies, you al'cgs want to your ar
improve this river, and deepen that harbor on the
ground Of contingent convenience, why may you
not endow, or aid in endowng, theological semna-
ries, medical colleges, upon the ground of your
invarable demand for chap plains and physicians
Where would such reasoning as this find stopping
placer What is there in the physical mechanical
the moral intellectual elements of society it would
not comprehend
The army and navy are very similar things.
navy is but an army at sea-an army on board Of
ships; and while similar in their composition,
they identical in their objects and purposes
and sometimes actually blended into one in a militia
ny operation. And if there had been no clause in
the constitution giving to Congress power TO "cre-
| ate and maintain a navy" it would have been very
| natural to infer that the power to ''rase and sup
port armies" intended TO include navy also
both being similar in their constituent parts, and
absolutely identical in their objects and purposes
And ye so careful were the trainers of the cunst-
tuition to preserve the denitve boundaries of every
subject of power enumerated in that instrument,
| they did not leave this matter to implication and
inference, but made each the subject of separate
co ordinate provision. Now, if the power to "raise
and support armies was not meant to cover navy
| so necessary and proper" to armies, nearly
identical with them, is it not monstrous to pretend
that either of the provisions in question intend
ed to authorize the making Of canals the improve
ment of rivers the excavation Of boat landings the
deepening of every barbor at every village on the
| maIgins Of every lake.
The power 10 "create and maintain a navy" might
very naturally have been construed to include
power "to make rules for the government and regu-
| lations of the naval forces" What more proper to
| a navy than the rules of its own conduct There
would be nothing of violence in the inference that
Congress might of course give law to thing of its
| own creation; thing born of its own will and au-
thority But the trainers of the constitution, in
view of the original, inherent rights of the States,
which every grant to Congress must needs entrench
upon, lefl not this matter to implication, safely
it seems, they might have done so; but distinguish
ed carefully, and kept asunder, the things and
made each distinct subject of power under sepaI
clauses of the constitution. With what a high
sideration of contingent convenience and faci
tiles to your army and navy, you claim to make
these enormous appropriations of money for the va
rious objects mentioned in this bill Are no incon-
veniences to be felt by this government no petty
facilities to be found wanting, but forth with the
ereign rights Of the States must give way for your
comfort and accommodations
have not resored to the restrictive phrase ''ne-
cessary and proper" have felt that the argument
does not require it. To me it is not surprising that
Mr.. Madison, in view of the PLAIN meaning of the
constitution, should have thought it wholly unne.
cessary to insert those words. But it is, indeed
| surprising that, in despite of those words, that
painest Of all instruments should have suffered such
monstrous perversion. Sir, an army, with all it's
component eemena---with whatever is directly in
cident and appointment to it, whatever it would draw
to itself by sort of elective affinity, not as having
/ no relation to other things, but necessary
and proper" relation to itselfthis is the whole sub
| iect of your power. IL it be more than this it is
any and everything.
With regard to the words necessary and prop
err" the gentleman from Pennsylvania Mr.. Stew
| ia aat nnla nj oG he