The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-16
CON RES SION AL.
SPEECH OF MR.. YANCEY,
- OF ALABAMA,

In IL, House ef Representatives, March 10, 1900
the bill making appropriations for certain harbors
II and nyen. d.. ..... ....
The House being in committee of the Whole ou
the state Of the Union, Mr.. YANCEY obtained th'
hoor, and addressed the committee as follows:
l Mr. CHAIRMAN; The principles involved In tina
bill have ever met with strenuous opposition from
The republican party. From the days of Mr.. letter
| 400 until now, whenever asserted they have been
oombaitcd. Ne subject Of legislation has cali
ed forth 80 often the executive veo and for the rea-
son. that owing TO the numerous pecuniary bats
Aeid out in such bills, they have been able like d
rolling SNOWFALL, which gathers up IN incOBgru.
Gus mas even the dirt over which IL passes, 70
strengthen themselves by support from all sections
By blending the legitimate and Legitimate sufficient
N 10 pass 10 the executive, with whom such consid-
cations have less weight, and there to meet with
heir quetus.
shall not enter at length into the constitutional
Argument, so well sustained by my colleague, and
by my friends from South Carolina and Tennessee.
/ 10 that argument they have such men 10 counte-
nance them, as Jefferson, Madison, Monroe, Jack.
son, Van Buren,, and President Polk.
In the latter days Of his life, Mr.. Jefferson warmly
Improved ofMr. Van Burens course in opposition to
l the system.
But the gentleman from Indiana, with boldness
peculiar to him, and with of reverence for the
allowed names Of the past may say peculiar to
him TOO, places this power under that "to declare
var to "rsse and support armies !" and ITO regulate
commerce with foreign nations, and among the
Eaies.n
Sir, Mr.. Madaon, in the ilst number of the Fed
trais, denominaies this reasoning by implication
by which power to do every thing is thus deduced
from an enumeration Of specific powers, as an "ab-
surdity." ! read from that number;
"has been urged aud echoed that the power 10 lay and
collect taxes dutirs impos and rNclses pay the debts
and for the defence aud general welfare OF
hs United States amounts to unlimited commission TO
exercise every may lie alleged to be necesa
oof could given Of the distress under which these wT
labor for objections than their soopng to such
construction" .r..
Had no other enumeration or definition Of the
powers Of the Congress been found in the constitu-
ton than the general expressions Just cited the su-
hors Of the objection might have had some color for
t. though 1t would have been difficult to find a rea-
son Tor so awkward form OF describing an authorl-
TO eglslaie in all possible A power to de-
suoy the freedom Of the press, the trial by Jury or
to regulate the course Of descents or the forms
| Of eonveyances, must be We singularly expressed
BY the terms ito raise money for the general well
hren g.. .... .. f... .... rE Irra ..-.
"But what color can the objection have, when
specification Of the objects alluded to by The general
terms Immediately follows, and is not even separated
| by longer pause than a semicoloni"
Such are the sound common sense views Of one
Of the most illusrious Of the trainers of the eonst-
Of particulars which neither explain nor qualify the
general meaning, and can have no other effect than
1 10 confound or mislead, absurdty, which as
we are reduced to the dilemma of charging either on
the authors of the objections, on the authors of
the constitution, we must take the liberty of sup.
posing had not its origin with the latter"
We thus that this system of implication
reasoning has been held up while the constitution
was undergoing the ordeal of ratification by the
several States, as ''an abs,udly,n and that the
authors Of il, who make the power to "lay and
collect taxes, imposts, and excuses, to pay the
debts and provide for the common defence and
general welfare the United Stacsn include large
grants Of power not expressed, are spoken of as
STOPPING to such misconstructons. ...
The above clause in the constitution is the one
under which the gentleman from Kentucky, who
reported this bill, (Mr. TIBBkTrs,l claims power for
this government to carry on works of internal inn
provement. That clause clearly specifies a power
10 collect taxes. The succeeding articles all give
the objects for which the taxes may be raised
some fourteen, believe, in number--but not one
| even hints at power TO collect taxes for pur-
poses Of internal Improvement. These succeeding
articles, Mr.. Madison says, are all specifications
ofthe objects alluded to by those general terms''
lfso, (and who here can gainsay such venerable and
lusrious authority, Of one, too, who had hand in
fnming the constitution y and you find no specii
cation conveying power to collect taxes for COM
mencing and carrying on general system of inter-
nal Improvement, have we right to interpolate one
BY thai implication mode of reasoning, which Mad
son denounced as can absurdity" Certainly,
is exclusion under such circumstances, by every
rule of legal and constitutional construction is con-
elusive against il.
will refer again to the positions assumed by the
gentleman from Indiana, Mr. PETTIr.l He claims
this to be grant implied under the power "to de-
clare war; e4 set.#@t
What is the power to declare war; Ia il compi.
III T.. III -. v -.
By no mcaps., On the contrary, that gentleman
and his connpeers in legislation have already given
us sample, 10 debate at least of the extreme sim
plicity Of the operation, in which neither ships,
n,eh nor money were deemed at all necessary to be
considered in entering upon such grave matter as
war Were the trainers of the constitution driven
to such desperate shifts to leave subject Of such
vast magnitude involving taxation to an almost un
limited extent to BIO implied by so forced impli-
cation from such insufficient groundsi Why, sir,
one would suppose that, under the power to declare
war, the first and most natural implication would
be power to "raise and support, armies and TO
provide and maintain navy" But were those
pressly given; and il the convention did not choose
to leave even powers SO naturally to be deduced
from The power TO ''decare war" to be implied,
how can any so far strain the point to imply
under il so entirely extraneous power as that Of
purchasing canal, or improving river, or harbor'
Wuceu inc HentleIndl must nave Deen us
hess," as Mr.. Madison well observed, to "stoop to
such misconstruction."
But he claims it under the power ITO raise and
support armies" Is this necessary power to car
ry out that granii--for believe you can only imply
what is necessary to enable Congress to carry out
specified power. s'.
Is II necessary in this case' Can you not raise
men for your armies without reference to power
10 dig canals or improve rver' think that expe-
renee has shown that you may. recruiting Off
GER has not yet, believe found 1t necessary to en-
hee citizens to enlist to inform them Of our system
Of internal improvement. We have gone through
three wars successfully, (if may denominate our
brush with France war; before the system had
been acted upon or conceived even to the extent To
which il is now pushed. Our foreign commerce and
internal taxation have borne the burthen of them.
The only powers which are clearly deducihle from
this power, are such as the right to pay the SOL
diers-to offer bounties for enlistments ms
inducements to, and compensation for, acts of he
roie daring--to build srmories, forts, &C.
Driven from this point, however, the gentleman
from Indiana flies to another for refuge and shelters
his ban,ing under the power "to regulate commerce
with foreign nations and among the several States
&C The general argument ! have urged will ap-
PY to this position also; but weight Of authority