The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-17

II. y
The journal was dispensed with, and the journal was
HARBoRs AND. RIVERS
On motion of Mr.. J. Ii. EWING. tho House
resolved itself into Committee of the Whole on tho
state of the Union, (Mr THOMAS Smith, Of Indiana,
in the chair,) and resumed the consideration OF the
bill making appropriations for the Improvement Of
certain harbors and rivers; and the amendments
thereto pending.
Mr.. (. II. EWING was entitled to the floor,
but yielded il fer the moment to
Mr.. ID. p. KING, who gave noece OF the follow
ing amendment
For the compilation Of the brsswSters at Sandy bay Mas
sac husetts, thirty thousand dollars.
FOrs the Of the harbOr at Lane
For the preservation of Lynn harbOr and Nshant beach,
twenty thousand dollars
Mr.. L. II. EWING then took the floor, and adj
dressed the committee during the hour In favor Of
the bill.
His argument was addressed chiefly TO the
question OF constitutional power. Amer adyeriing
to the constitution OF the United Stars, and 10 the
objects and purposes for which il had been created
he proceeded TO remark that the whole power of the
nation had not been expended upon this instru-
ment but that there remained with the nation GER
tain inherent powers and that these inherent powers
were to be exercised 0or the want Of another rep
resentatiye) by that general government which it
had itself brought into existence. But in the nves
tigation of the question before the committee he
not driven TO the necessity of falling back on any
inherent power for, under the constitution, he
should be able to derive the power which he
thought necessary for the purpose of carrying on
general SYSTEM of internal improvements. On this
point he took issue with the Baltimore convention
He said that the general government had the power
engage in general (he did not say universally sys-
tenn Of internal improvements. This power it had not
as an inherent power in the nation, but under dis
nct declaration in the constitution. He insisted thRta
fair construction should be given to the instrument
such was intended by the constituent body; and in
that way we should probably reach the end intend
ed to be attained He believed that the constitution
was sufficient for all purposes for which il was de-
signed; he believed that this power to make inter-
nal improvements was contained among its provi-
slons and that it was the duty of the national le-
gislature TO give due force and effect to them. He
did not agree with many of his friends who had
preceded him aB TO the portion Of the instrument
from which this power derived, and he should
give the reasons why he differed from them. He
took the ground (and perhaps in doing so he might
stand alone here) that this power derived from
that general provision which gave power to Con-
gress to ''provide for the common defence and the
general welfare" And he argued this position at
length.
He then adverted to the claims Of the Cumber-
land and Tennessee rivers upon the general govern
ment, as proper objects for appropriation by this
bill and had not concluded his remarks this
branch of the subject when the hour expired.
Mr.. BlGGS Obtained the floor, but yielded 1t for
Mr.. L. H. SIMS gave notice of the following
amendment:
slight navigation Of the Usage river
ISL the quartsrmaster general in his report Of the date
of November IT, 1872 recommends the removal othe OBJ
strucons IN the following words, viz:
ITO facilitate the supply OF the posts on the southwest
the distractions 10 the navigation OF the
Usage rver viewed merely in connerion with hs frontier
deenees few works on the same scale, are more impor.
tant than this"
Therefore in remedy whereof.
Sec Be IL fgfker enacted That for the improvement
of Usage from its mouth point at Fort
scott in the Indian territory there shall be- and hereby
appropriated the sum OF twenty five thousand dollars
Mr.. BIGGS said, in the course Of this debate
gentlemen had divided themselves into three classes
upon the question Of the constitutional power OF
this government to construct works of internal i'm
provement: those who deny the power altogether
TO construct any works Of any character; those,
the other extreme, who nsls either by the inherent
power which they say exists IN the government, or
by some atltudIDarlan construction of the powers
specified in the constitution, that this government
has the power to construct any and all kinds OF IN
terna improvements; while others conhne the pow
ers of this government to the specified Objects or
to those objects absolutely necessary and proper to
carry out specified grants. His views were pecu-
liar; he had gained some reputation at home by at
tachment to what called in this House a
straght-Iaced construction of the constitution He
believed it was absolutely necessary for the pros
pcrlty Of the country that the powers of the gov
eminent under the constitution should be strictly
construed. But at the same time he believed that
those powers which were expressly granted should
be exercised. He referred to the clause of the
stutlon comforting the power to regulate commerce,
to the doctrine of inherent power contended for by
Mr.. EWING, OF Tennessee, and to other positions
which had been taken-from none Of which he de-
rived any of those powers which this government
possesses over works of internal improvement.
He occupied neither Of the extremes of the construc
tlon of the constitution, and believed that some of
the objects contemplated in this bill, this govern
ment has the right to carry on, as being neces-
sary and proper to carry out expressly delegated
powers. He deduced the power to construct some
of the works contemplated in this bill from that
clause of the constitution which authorized Con-
gress to provide and maintain navy. lie consId-
cred that harbors might be improved for the express
purpose of providing and maintaining navy--for
the security and protection of that navy lie 10
cmded the power of improving harbors under this
grant of power to provide and maintain navy, and
as the consequence and incident of improving har-
bors was the giving protection and facility to COM
merce.
Having concluded his statement Of the general
constitutional principles by which he should be gov
erned he gave notice of his intention 10 Offer when
in ORDER the following amendment:
For the opening OF Roanoke inlet at near Naggs Head
in the state OF North Carolina, 100000.
Mr.. B. urged the national importance and the
practicability of this work, and read extracts from
reports of engineers showing its necessity.
In conclusion, in reply to the remark OF Mr.. VIM
THRor, that in "the better days" of the republic we
had had more able, magnanimous, honest admins
tration of our foreign affairs Mr.. b. alluded to the
general and decided tone of appreciation which had
been manifested throughout the entire country at the
message of the President at the commencement OF
the present session Of Congress, and especially OF
that portion which relates to the administration Of
our foreign affairs, and he could not perceive the
propriety of these wholesale denunciations Of this
administration for the course it had pursued in the
conduct Of our foreign affairs. This, by the gentle.
man from Massachusetts, might be considered that
"nolsenss Of the people" to which he alluded in the
early part Of the session. (said Mr.. b. much
prefer that universal public appreciation to the opin-
ion of the gentleman from Massachusetts,. In con.
nexOn with this subject, he expressed the profound