The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-05

Having now done with tariff and anti.tsriff ar
gomenis, Mr., p. proceeded 10 notice the position
whtch had been takea by the gentleman from Vir-
gina (reierrlng to Mr.. BAfLf)in this debate. And
before further proceedings, it might not be Gmiss
Tor him 10 say that not one dollar of the appropna
tons proposed by this bill. would be expended
within his district, or within 100 miles from his
residence, and nearly that from any portion of his
district. He therefore could not be suspected oil
feeling any immediate local interest in it. Nor
should he have addressed the committee upon this
subject bat from the unheard-Of doctrine pTomu-
gated here, and from the construction attempted
TO be given TO the constitution by the gentleman
from Virginia. Mr. z. had always considered
himself strict eonstructlonsl; but he found gen
temen at times strict eOnstrucuonlsts, who at other
times could hnd an apology and authority IN the
constitution for any and all acts which they wish.
ed TO perform. But he utterly surprised when
he had found in the remarks of the gentleman from
Virginia these words:
This government was established with the view Of reg
uating external concerns, leaving all internal matters
commerce did not come within the puTyeW Of those mat
| tiers over which Congress has Jurisdiction"
To that view Mr.. p utterly dissented.
Mr.. BAYLY, who had been apparently listening
with great astonshment TO this alluson 10 himself,
(haying taken the "Union" from which Mr.. p.
had read,) and stated that the extract was not
from his remarks las he had not spoken upon this
questlon,) but from the speech Of the gentleman
from Alabama, (Mr. PAYSE.) He could not be held
responsible for others sins, they had committed
any: ~
Mr. PETIT, receiving the correction, renewed
his remarks Ia reply 10 Mr.. PAYsE. Was il true
(he aaked) that this government was crested only
| for Tia regulation OF our "extsnsl, sonoerps q
| This was The very reverse OF the doctrine which
had always been acted upon. H said more; there
was no such Thing as attending to our external con-
Germs without coupling them directly or indirectly
with our internal concerns. We could not send a
minister abroad, except for internal purposes-for
purposes Of peace and Of prosperity at home. We
could neither raise, maintain, or equip an army or
navy except for the protection Of interests at home
But, in the plain words Of the constitution the
establishments Of "post Offices and post roads,
the transportation Of the mail from end Of the
| country TO the otheT-an external concern Mr..
p. read from the constitution the grants Of power TO
! Congress "to borrow money on the credit Of the
United States" ITO regulate commerce" "among
the several States and with the Indian tribes" "to
establish uniform rule Of naturalization and uni
form laws the subject of bankruptcies through
out the United States" "to coin money" and
various other grants-al which 1t needed no
A argument 10 show were exclusively internal
concerns. Nine-tenths of the provisions Of
the constitution (he saId) were upon local
and internal matters. The power ~ regulate
commerce with foreign nations was external con-
Germ; but 'among the several States and with the
r
the power of this government to regulate commerce
with France or England. This grant covered the
whole ground, and conferred entire sovereignty over
the subject matter.
Noticing next the position taken by Mr.. RHETr,
he sportlvey land without intending any dsrespect
TO that gentleman) compared 1t TO that Of witness
Of whom he had heard who, being called upon TO
testify to the height ola horse, without much re1ec.
ton had testified instead of l6 hands, that he was
10 feet high. On the ss-examnation, being
minded Of the difference, with great astonishmeni
. he asked ibid say l6 ftep Well, then, sieL
10 {" So with the gentleman from South Carolina
having once asserted that this government has nc
power over internal improvements, (Which are
absolutely necessary for the regulation" o.
r commerce, and necessarily included under i'll
granted power over this subjeci) he stand
: here in the face Of arguments Of truth, anC
: of all reason, and says, al deny-l deny it,
= He denies that the government has any power L
! | appropriate for Improvements upon our western
lakes and rivers, while he maintains that has tn,
; power 10 stud the whole oceans coast with light
houses and Notifications. But the gentleman die
not deny that Congress has the power TO make APP
preparations for the defence of Charleston, He die
not deny that Congress has the power ITO provide
and maintain navy" to expend millions in build
ing it. and to spread It's sails to the breeze; butwher
driven by storms into port, he contends that W.
have no power whatever to provide harbors for III
protection but must leave il TO the mercy OF the Gle
ments Congress has the power ito raise and sup
port armies" but according TO the doctrine of The
gentleman 1t has neither the power to provide pro
l visions, or clothing, or ornaments for them Thu
the inevitable result Of the gentleman's reason
ing. But the gentleman had been very pathetic il
his lamentations; which, like that which in Older
: | times was pronounced the dead corse of Ce
. sar, he had uttered the sunlxen, withered, dy
ing-ay dead constitution Of the country, and hat
/, presented himself as one Of the mourners. 1
the constitution of the country is efectv,
has
if has only the power to Cypress the people, tc
draw from their hard earnings and gives no power
to provide the means for the public protection, h,
MIR. said it ought to die, and few mourners tt
be found in its train; it ought "unwept, unhonored
. and unsung" to return to dust
Having further exposed and commented upor
what he conceived to be the errors and falacie,
Of the position Of Mr.. RHETT, Mr.. P. proceeded t.
show affrmatively upon what grounds he justified
, the appropriation proposed by this bill. He wen
not for that wild, unlimited construction of the con
stitution which was charged upon party in this
country, nor for that narrow, restricted construc,
ton charged upon a portion Of the other party
which would make it powerless for good, while eff.
fective for evil and oppression; but avoiding ex-
tremes, he sought to give this instrument its correct
construction. Under what clause, then, were the
, appropriations in this bill justifedi He answered
under the grant "to declare war;" and fol
, the purpose Of effectually carrying it on
ITO raise and support armies" and under the gram
"to regulate commerce with foreign nations, and
among the several States, and with the Indian
tribes" Uader the clause authorizing this govern
ment to raise and support armies, he argued al
some length, was necessarily included the power
to cothe and feed them, and to transport them from
place to place, and from post to post in the Union
9 to provide the means of transportation, and to re-
! move obstacles in the roads which they nigh
travel, from the falling of trees across the way
= &c. Similar to this, and standing on the same
ground, he argued, was the power to remove logs
! snags, and other obstacles from the watery road
over which our commerce travels. There was nc
maxim better established among men than tina
where power is delegated ever subjectin genera
grant, it draws after it, necessarily, all the diver
sifed means that, in the judgment and wisdom o.
the government to whom it is delegated, are neces
sary and proper for the advancement and accom-
plishment Of the end for which the grant is made
n From this source alone was derived the power O
Congress to assemble in this magnificent building
and to pay the expenses Of Congress. Not word
was said of il in the constitution; but all derived il
from the power given to the Congress Of the United
States to make all laws necessary for the govern
IL -