The daily union., 1852-08-29

II
IN this respect IN the footsteps Of all my predecessors Sen
be. however, from experience and observation, Of the
hodty by Congress exposed have prescribed lmi.
iauon ior the goyefament Of my conduct BY which
he ports Of entry or delivery established by law am very
se sble thar this restriction satisfactory could be
DESIRED ana that much embarrassment may be cansed TO
hxecnye department In sexeeudon, by appropriations
o remote and not well understood objects Bui as neither
my own reflections the lights may properly derive from
other sources ha supplied with better shall continue
appy my best exorions faithful application Of the
| rules upon which II is founded"
II will be seen that the Limitation he lays down is not
constitutional one. but adopted for his own personal
gudance 10 guard the certainly the public interest
He knew very well that his barrier might be overcome
stream STILL the position tended check the proneness to
excess and established difficulty more IN lis progress
The following short extract shows the opinion oi Mr.
Calhoun upon this general subject and the clear convic
ton he entertained both OF the existence OF power and
the necessity OF its exercise Il furnishes one testimonial
more the list Of eminent statesmen who have poessed
their adherence TO this policy:
"Haying now shown tina, the power to raise money and
TO appropriate and expend Il, is confined TO carrying into
execution the delegated powers il remains 10 be consd
cred whether there is any power delegated federal
government, the carrying OF which into would
authorize appropriations and expenditures for the improve
'.Bat there IS not The least probability" continues Mr.
Calhoun that Congress will abandon the
has only the right has been shown but il is lis duty
TO exercise TIA duty. under the constitution, the States
immediately Interested, and which are, by OF its pro-
Visions prohibited from adopting the only by which
lhsy could themselves regulate their commerce with each
Mr. Calhoun also sought practical limitation 10 this
power TO improve rvers for with respect to barbors, he
le wholly TO legislative discretion but he sought il
ho IN semposed restrictions. but in the constitution IL
sell, independent oil The power 10 regulate
which, In my opinion, is the only true foundation,
also me only actual limitation. of this power. shall
not enter into examination of this state paper
WIN ihe powerful characteristics OF the author; nor
could do so without injustice for il is some years since
examined with care will only remark that tide
MED the power to Congress 10 improve rivers running
through one State, running through bounded by two
oiaes on The ground that the former case the State
i'sef is competent TO improve them, without any other
action than lts own and in the latter case that two
States Interested may, with the sanction OF Congress-
enter into convention for their Improvement but that
river penetrating more than two States cannot be i'm
proved by JOINT acon as there to obtain
under the constitution and must be improved by the gen.
eal government is obvious that this rule has
aon to The size or Importance of the river, but TO po
zeal considerations wholly independent of Its magnitude
or value places the category the Connecticut
and the Mississippi, while il excludes other rivers vastly
exceeding he former IN every utaraD point OF view,
some OF Which are among the greatest OF our commercial
arteries.
Now, Mr.. President, allow me to say here that no man
IN the Senate or ln the country had dsnerested
attachment TO Mr., Calhoun when living, than myself
nor mas any one higher regard for his memory he
IS aeaa. ne was great man. He had one OF the most
active and penetrating minds ever encountered Ii was
quick almost instantaneous and powerful and sagacous
and he had probity equal to his ability. | have never
met with man in my life whose powers OF conversation
"eio OF whose pOsltlOns were
famed with higher reach of thought more opposite
illustrations, 1 knew him for thry-6ve years, and at
one period circumstances brought into close proximity
WIN him, and never approached him, and never left him.
without his leaving on my mind indelibie marks OF
superiority He had been brought into contact with the
world at an early period OF life he had enlarged observa
on ana great experience, which he had acquired In the
highest positions in The country and this discipline, add
ed TO his extraordinary mental power. placed him in
The foremost ranks Of statesmen may be said OF him
as was said OF kindred genius OF DID, M ktegt quod
non ornapa" There subject he touched which
he dad not adorn. differ from him with a natural dis
trust OF myself but have always thought, from the
hrst time saw his report on the Memphis proceedings
that this doctrine could bear the scrutiny OF rigid
examination and will here observe 10 my friend from
other day that had not recoecled these positions
had been examined and discussed in the Senale-that
never heard oil discussion here the question. 1t may
have been so, but when was present The first
time ever learned there was such doctrine was from
The proceedings OF the Memphis convention, and al
ways supposed originated with Mr CalhouR; and
think lis original and peculiar views and the train of
thought which cbsracerizes The whole argument, an
nouhce lls paternity with unering certainty
!. III appears 10 me, SIR, on examination OF Mr.. Cal
nouns position, that II contains OF fact and an
error oil principle and besides, certain tendency to in
usuee winch would forever prevent It's application in any
pfacuca foTm III Is assumed that each State could and
should improve It's own rivers, and that as two States
can make compact under the constitution, they could
ana shouL1 make compacs for the Improvement OF rivers
passing through or between them but tina, where river
runs through or bounds more than two States
pact ior Improvement be made and therefore the
work must be done by the general government
now SIR, ths position rests upon the assumption that
coterlnous rivers thus situated cannot be improved with
out The JOINT action OF all the States exercising urs
dlcion over them. And why not, sirl There is power
enough; no man doubts that Nothing Is wanting but
the will. What prevents each State from doing lie own
work within It's own boundaries whether the stream orig
mates ~ the Stale itself passes through or by IL Un
doubedy we may suppose where il would be bet
ter TO have previous y-devised plan embracing the
whole course OF river But that is question not oi
the power OF Improvement, but OF the best means OF ef
tecfng H. And besides, il the construction which
Mr.. Calhoun gives 10 The constitution be the one.
which Is doubtful, that compaets cannot be formed with
out the consent OF Congress between than two
States, still il would not be difficult to any requisite
ing Tor their execution upon corresponding provisions
be made by other States equally interested II consti
tuona power rests upon fact that fact should be rigid.
ly ascertained before the power be exercised. SO
much for the FIRST error.
As to the in principle il seems TO still more
obvious II there circumstances in which the i'm
proyements OF rivers cannot take place by the States
what is the remedy According TO MIR. Calhoun, IL is
then 10 be found IN the power of the general govern
mentnot because the constitution places thee, but be-
cause the Improvement must be made, and there is no
| other authority 10 make Il.
Sir, all the power which the general government has
s given in the constitution and il you cannot find this
| power in that instrument, then you cannot find II any
where. And II is no for the assumption of iuris
dcion by the general government that the object TO
which u is 10 be applied ought 10 be done II the power
to declare not given in the constitution how
could you exercise itl You would have to go to the
people and ask them for IT, You have right to say
That The public welfare requires work 10 be done, and