The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-02

property aud lives OF citizens to be left exposed to ali The
dangers OF tempest and storm, without being entitled I,
call upon the helping hand OF the government for assist
ano- what did the people doi Sir they assembled in al
most unheard-o numbers at The town OF Chicago Rep
resentailyes IRON almost every State appointed by every
variety OF political party numbering among them
OF The leading men OF the party which the President him
sell belonged to- convened there, and promptly and alb
solntely, and unanimously repudiated the Presidents
doctrine.
Mr. JOHNSON here gave way TO a motion TO proceed 10
the consideration OF the bill providing for taking tempo
rary military occupation of Yucatan On a subsequen
day he resumed his remarks as follows:l
| MIR Presidents When gave way for a motion made
by the honorable senator from Mississippi that the Sen
ate proceed to the discussion of the bill for taking tempo
Iary possession OF iucalln was remarsing upon what
regarded as an instance OIL gross usupaton the par
OF the Executive, his vetoing what commonly called
the river and harbor bill propose to say word or two
more upon the subject of that BILL before proceeding
notice another stated then, that, from the commence
men OF the government to that period, bills of that de-
scnpton had been passed without any objection that
until very recent time, we had heard objection upon
the floor OF either branch of Congress against their
shtutonay that they had not only received the appro-
baton OF Congress- but that every President of the United
States had sanctioned them, without ntma,ng the exist
ence OF any constitutional difficulty. And il will be per-
ceved by consulting the proceedings of the other house
Of Congress during the time that the present President of
the United States was member of that body, that he
was voting IRON time to time, for bills of the de-
scnpnonnot only not urging any constitutional objec-
hon, but actually giving them the support of his
vote The power has been held to exist in that part
of the constitution which gives 10 Congress authori-
y to regulate commerce between the States The
power with which Congress is invested, in regulat-
ing commerce with foreign nations to make improve
ments similar to those which this river and harbor
bill contemplated has never, at any period of the gov
ernmen been questioned Clearing out harbors the
Atlantic and removing distractions out of rivers
nIng into the Atlantic, the erection OF light houses the
construction Of buoys and beacons and the construction
and use OF evenue-cuers with the view TO aid the for
egn navigation OF the country, and protect against the
dangers OF the elements upon coming INTO waters,
nave all gone on from the commencement OF the govern
he aSanf ununaS md Ina oh
horzed under the power gwen to Congress to regulate
commerce with foreign countries. Nor could there well
have been any doubt the subject When the consi
tuition adopted, the power to regulate
sed in each OF the thirteen States Under that power the
States bordering on the Atlantic, they authorized
do, and necessary incident tie power OF regu-
latng commerce. had themselves erected ligh, houses
And after the constitution had given to Congress the
thory to regu ate commerce between all the States,
one body and foreign nations these houses, erected
oy the several States whist in possession OF the
power each for ITSELF were, wherever the United States
desired to have Them conveyed by the States 10 the Uni
ted States, and held by the United States for the purpose
of the regulation OF commerce, which the constitution
had conferred upon Congress; because the constitutions
by vcstng the power in Congress- had put out Of the
power of the several States to hold and such light
houses for the purpose for which they erected
Now, IT the question was new one, 1t would seem
little extraordinary that while these words have thus
ceived clear Interpretation, invariabe construction
down to the present time, as authorizing improvements
OF this description, the same words used in the
clause IN luxtapositon with the words which had been
thus construed, and definite meaning applied to them
should not be held as conveying the same meaning. The
power IN one case gwen because incident 10 another
power possessed by the States and the power given
in this case because given in the same terms 1t is the
power to regulate commerce rhe only difference be-
tween the w being that in the the parties
in reference to whom the regulation Is to be made,
foreign nations side and the United States the
other ard the parties in the other the States the
one side and the United States the other Now, sir
ii the term regulate, used in clause and the term
commerce. used IN the same clause mean one thlng and
only one, and that meaning has been unquesoned from
the commencement OF the government down 10 the pres
ent time, why 1t, upon what process OF reasoning can
be concluded that the terms In the one case and IN the
other, do not mean the same thing The objects to be
accomplished the same-the terms used the
the mschies to be avoided are the same. Ii il
that there could be disasters upon inland waters
there were no storms and empests and wrecks upon an
inland If property not subjected to hazards upon
fresh water as well as upon salt 4 man may not be
drowned in fresh water well in salt, there might be
some possible pretext for making distinction. But If
the hazards all the same; if the pers to property
and life the same; il the words of the grant are the
same; if the necessity of the is the same, Why
ask, in the name of all that is reasonable, is il that the
exists in the one and does not exist IN the
other
Well, sir the present executive funconary, who, be-
cause he is the Executive, and holds in his hands
undispued sway over the whole executive power OF the
government it is conceived by the senator from Ohio, is
not likely to be found usupng any OF the privileges
of the other departments of the government OF respass-
ing beyond his own legitimate dominion, has here the
year ls47, discovered that it is question depending not
the character Of the Improvement in reference TO It's
NATIONAL, as us
but question depending the constitution, which he
says denies to Congress the entire power. The Pres
dent says the senator from Ohio is the Immediate repre-
sentative of the people In what sense Is he their imme
date representative? Is it in constitutional sense?
understood the senator from Ohio sayingbu mis-
understood him, because he corrected me Afterwards
that only there greater tendency IN this branch
of Congress TO usup power not granted to IT. than was 10
be found the executive but that the same tendency
to be found in other branches He corrected me, how
ever and explained that he intended to say that the differ
cnce in favor of the Executive, between the EX
ecuve and the Senate, but not between the EXecu-
tive and the other branch of Congress They, the other
house, he says, spring still more directly from the people
coming times into existence, according to the very
terms of the constitutions after the President shall have
been elected They speak the now existing sense OF the
people and they speak, may ascertain whether the
President is representing or disappearing the popular
will Sir take the correction of the senator, and what
does il prove Why, since these vetoes have gone out
to the nation alarming that portion Of II whose property
and lives are Immediately subjected TO the hazards
which this internal trade is exposed, new House OF
Representatives has been elected bringing their lnte
gence directly from the people, composed part OF both
political parties of the day, and differing among them
selves upon the ordinary political subjects OF difference
between the parties of the day. What have they
done? Sir, on the 2lst of December, lSt7, soon
they-could well the subject after the annual mes
sage of the President received, we then heard the
voice OF popular Indignation against this particular veto
from those who the senator cOncedes were quahed To
announce the popular will. We were told by them that
the President was disappearing that will that he had
misunderstood the wishes of the people, and that he was
striking fatal blow al one OF the most wholesome rnc
tons of the government They passed resolution,
which will read
RESOLVED That the general government has the power to