The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-02

being adned thai ia ease OF wa was rendeEea asces
sy 10 soqaire much 81 the Iniom3sen proposed 70 b
eensusit not competent for Congress 10 0bizln a "a
advance of any actual necessIiy ID
1 Here iolloxea explanations from Messrs. COLCOCk
and MILLS0N denying the correctness OF the zssamp-
hons OF Mr. DUERl
Mr. O'CLOCK lconiinuinx) made aiew more remark =
Q show the injustice and iasiT o. ihe allegation thai
the South objected 10 the nias0ns pEoposed because
she indisPosed 10 have her coalition exposed
His position. and hat Of all from the South far - he
assumption Of unconstitutional po xers On lie sI o the
general government Ia conclasion he expressed has
preferences for the substitute proposed BY the gentleman
Mr. GORNAN askel Tie indulgence IL the conmiltse
bsny 70 give hls reasons Tor opposing sons parts e The
bill He was fully aware that any member who hal the
temery TO doubt the constitutional power of Coagess
pass any law or DO any legislative aci that would pro
dace dfssrabs result, according to the whim of the
Of cerian school 81 potics Bal be that = L may. Le
would mot cast the vote o his constituents tor any
ures no matter how desirable result would prodaee
unless constitutional authority was expressly glvan.
unless i was nelssary incident 10 some such express
b he second secion Of the consultation of the Uniisa
Saies Representatives and direct shall be appor
toned an0ag the several States, which may be nciaded
within this Union, according 10 their respective mum
bers. &c The actual enumeration shall be made. &e,
. and within every Subsequent term Of ten years. suh
manner as they sbaH By fGr direct This i The power
which Congress has over the subject and al the power
The manneT q this enumeration = left 70 ne sonnd
Judgment OF Congress. bat the thing be done u ex
pessy pointed ou and the reason Of this grant o power
was 10 fix representation alone ssg
Again. the last clause read refers only to tbe
OF ascertaning FIRST the whole number OF Tree white
persons second, those bound TO service for term oil
years excluding Indians not taxed In sd; hiIa. .
the trainers of the constitution thought necessary 70 OBJ
tain for the end proposed But this bill goes further.
and proposes 60 inIo the moral and social condition oi
society II proposes inquire into how many churches.
how many members, how often they meet the products
OF your farm what profession yoa follow wha amount
long st Of other statistics. quite foregn 10 the
object and end Of the enumeration specified IN the con
stiatlon a. any thing can well be-
IL 10 said by lhe gentleman from New York Ar. kIKGl
that very dessrGts 10 have hls information, show
the progress Improvement, products. and resources of
foarshing government This il all irue but u your
constitution has sci the bounds TO your duty and power
you 90 no further without wfnl assumption OF ihs
power, 70 crafty your curiosity 70 Be thus enghisned
this enumeration The only necessary incidenta
power growing out o this express grant This word ne
cessaTy Is very comprehensive Chancellor Kent says.
The word necessary admits OF adegrees OF comparison
thing may be necessary or very necessary or abso
laiely and indispensably necessary"
L. necessary in the most limited sense, getting al
the population take t5e usaber o hogs and produce
Ia the Westi how many bushels of raise2
how many churches We have o. how many times they
meet IN the year. Such CONCLUSION would be mosf pre-
posieruus indeed,
But II i said thai Congress may desire to levy direct
aIes and thai therefore they have the power 70 collect
Object you have goa the power inquire into any
thing but population and landed property these beinx e
only subjects of direct tzxaonaf least he had hg
horIty Tor thls opinion. Chancellor Kent says The
better opinion seeIne be. that the direct CONTAIN
plated by The constitution only two, viz cz7isz-
bon Or poll tax and tx on Iand .si ksnfs Com zas
Bal his authority did stop here The fourth clause OF
the sh article Of the constitution says No crpx-fea
other direa tar shall be laid. unless in proportion 70
The census or enumeration hereinteore directed 70 Dc
Bot il Is said that all species Of personal properly
may be the subject Of excise But is TINS yoer
- st N4w
any snch design And II they had saeh desga an con.
temptation. the necessity Tor u would be the SUBJECT OF
inquiry Then, he inquired was Il necessary, OF very
necessary absolutely and ndspensably necessary 10
collect this vast fund Of statistical information Tor the
purpose OF laying imposs and excisess II not. then
where was Ihe power given by ihe consihnson 70 90
than take proper enumeration OF The population,
with view OF forming basis oi representation, He
would adj that the taken By Chancellor Kent re.a
i've % is arsg and the e Ssss: y, q as 81 aHa %
Supreme Court fSee Isl Kent. 252, 3i5)
Mr HOWE had supposed from the tenor Of the debate.
sal Of sectional feeling This beng denied by The S0ah
he Teioced that the whole otiectioss 10 The bl
were upon sOaa ne constitutional grounds There
were two modes Of coBstrung the constitution: ihr
strictly according 10 is letter. and tae other a. one
wishes II TO be understood for this nonce The last
mode always that resoried 20 BY the party in powell
BY persons laborag 70 effect the enactment Of par
ncnlar measure He did not cnnesJe with hose denylag
TO Congress- the power 10 make eilhss OF AZ s useful
oqures 10 be asked under this bill Here Mr. H. quo
nd ent iron the legal decisions OF ynage Story
TO sustain has The proper method Of cousfrn,ng
the constitution 10 do il literally, and not according
the strict leiier otherwise, road be impossible 70
adapt the 10 the increasing and eser varying
wants Of the counuy Mr. a. nexi argued a. length 20
prove that the constitutional scrapes to Tie bail were al
entirely confined the South. he bad no o5ecnon
obtaining the information relative rez0us matters
which had been the subject Of much easli in this dis
eussIon Hal be drawn up the project, he might not
have inserted this provision; bat being there, and NE
blanks having been prepared for ~ he could see no good
purpose 70 be sabserved by striking il out Dir. HowE
then went 10 show the great interest involved "a ne
tisns in this country which the world should have Ihss
get this information concerning Dessret wood Dc 70
enable Congress 10 know whether within ner units
there existed other relgonIss exce those holalng 70
Mormonsm II not, he felt that knnuedge oi the tart
would, should prevent The admission o. Desersfs a.
State He desired TO have as full ntor nation as posi-
bic OF the improvement OF each Safe u the tmon an
each branch OF her Industrial interests
Dir. yINT0N, having next ostained the hooF' gave
was 10
Mr. SwEETsER who repeIled the charges against
the people OF DeseSe. who had been grossly msePse
seated the o the debate having oeen denounced
hand Of robbers. 6c This unlas aaa nAionnd3
ei He related ACCOUNTS of Incidents happsnang arong
them OF fhef habit OF suecong strangers IN distress.
which he insisted were Sufficient 10 enle hen 10 - re-
garded as highly civilized and phanihrofae community
Without entertaining any sympathy with he peculiar re-
Iigous Of these people, be elt 10 he his duty 10
say this much in their favor,
Mr vINf0N sent TO The Clerks table an amendment
the b proposing. At every census. 10 ascertain The
arrrexsfe represetabe inhab anis of the Unon and
divide that number by two hunared The result 10 BE be
future rcqaisite population 10 he reptssnef ~ earh