The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-08-27

who acted under the powers of the constitution at an early
day. But II IS not improper that we should go back and
see how they acted and compare the difference OF opinion
which has existed upon this subject from the inception OF
the question down to the present time. lhnd by refer
ence to the constitution that provided that Congress
shall have power 10 lay and collect taxes dutes mposis
and excses TO pay the debts and provide Tor the
defence and general welfare of the United States" This
provision OF the constitution coniers upon Congress the
power TO collect taxes and impose duties and upon this
general welfare phrase wide difference OF opinion
has prevailed under different administrations OF the gov
ernment The two great opposing parties have perhaps
grown up In their opposition in consequence OF
different construction Of that clause than of any other the
one party believing that whatever could be fairly
strued 10 be Tor The general interest OF the country Con
gress had power 10 do; and the other party denying it
But SIR there is Limitation OF that power. II is
stced by subsequent clause eservng 10 the States and
10 the people all not expressly granted and upon
the construction of the powers therein conferred the two
parties hare grown up in this country and they have
listed as opponents on this question, particularly until re
Gently.
acknowledge that there is difference of opinion
IN the democratic party IN relation to the power OF
the federal government so far regards works OF in
tenal improvement admit that portion OF the party
contends that these works should be Of general
tonal character; and they think they find sufficient
ground n the constitution on which to base this disnc
ton. The senator from New Hampshire, [Mr. HALE
for instance inquired yesterday in reference TO this BILL
whether II was not of general national character
Sir have looked into the bill and will not pretend to
answer the question of that senator But If the spread
ing OF these public works the whole extent OF the
country makes this bill bill Of national chsracter
anu peleve tnal, Win exception Oh StdteS Oh
New Hampshire and Mississippi, every other State in
Union has been provided for; and New Hampshire has
been amply provided for in having two candidates for the
presdency-hen it is a bill of national character; for
in that believe the State of Mississippi is the only
one which is not provided for; and now reflection,
remember that the committee have not overlooked even
my State, for they have proposed TO give Mississippi
IS 900 for a survey!
Tie bill, therefore. is general" on the face of tin
deed, may say it is almost universal But, sir. find
no authority in the constitution for This. The demo-
cratic party have insisted heretofore that the rights OF
the States, and the pepetiy and safety OF our nstitu
tons depend upon strict construction OF the powers
conferred upon the federal government Permit me here
to remark that in my humble opinion il this government
would conne itself 10 the express grants and the power
which was intended TO be conferred upon them 10 dispose
OF our public lands, and would create court 10 settle
claims against the government, abandon distractions and
entertain no proposition which has not for its object
Legislative action, the whole business OF the
might be done in three months; and not only that, but
instead of levying the people annually $4,000 900 for
this purpose $40, 900 would be amply sufficient But,
be that il may, let ask il the intention OF
the trainers OF the constitution that Congress should have
power TO carry works OF internal Improvement Sir.
take the position that the trainers OF the constitution
intended TO confer this power upon Congress. j
sustained in that view from the consideration that
the very question before the convention and il
voted down. And here we are, the democratic party,
coniendng that the strict construction party, and
yet admit by implication the existence OF powers which
voted down by the convention II there had been
nothing said upon the subject if il had not been alluded
10, we might have had some sort of ground TO suppose
that the powers were implied, incident 10 such grants
but beg leave to call the attention OF senators to the
discussion which took place, to show that the whole
question of internal improvements considered by that
body, and that The constitutional power was not ac.
corded.
each senator is sworn to suppon-by which the States
divestng themselves of power, and comforting il
upon the federal government-were IN session, this sub
ect was brought before the consideration OF that body by
DR.. Franklin. DR.. Franklin moved TO add, after the
words "post roads," article section s. power ito pro-
vide for opening canals where deemed necessary" The
,hala haloF fha
and the report OF the debates will show the light in which
il considered. The speeches were not quite long
those made at the present day. but they are fully ex
planaory OF the views OF the members; and will be
observed that the whole subject was fully under their
consideration.
IL appears that
"Mr. WILSON seconded the motion.
!" Mr.; SHERMAN objected The expense in such eases
will fall the United States and the benefit accrue to the
places where the canals may be cut"
That is the very argument which applies 10 the bill
now before the Senate. 1t offered a reason why
the power OF opening canals should not be conferred
the general government and constitutes an argument that
cannot be answered even now by any senator on this
floor II must be recollected that they knew nothing
about railroads and steamboats, that day; but they did
understand the mode OF opening roads, and OF cutting ca
nails. Those constituted the means OF internal improve
ment at that time, and hence the discussion limited
TO those classes OF works.
"Mr WILSON said that instead OF their being an expense
to the United States they might be made source OF
Mr.. MADISON suggested enlargement of the motion
United States might require, and esisa-
tive provisions OF individual States may be inco peen
His primary objectwas however, to secure easy
muncaon between the States which he free intef
now opened seemed call for. The political ob,n
ccs being removed removal OF the natural ones
possible, ought 10 follow"
That Is the argument made use OF now.
"Mr RANDoLrH seconded the proposition.
!. Mr. kise thought the power unnecessary
"Mr WILSON said i Is necessary TO prevent State from
obsructng the general welfare"
Mark, the provisions for the general welfare" bad
been adopted previous this time. This debate, there
fore clearly shows the that entertained ela
tive 10 this proposition
"Mr KING said the States will be prejudced and divided
into parties by In Philadelphia and New York will
he referred the esrabshment OF bank which has been
subJect Of contention in Tho citics'
Senators will remember that at that time there
proposition under consideration for the creation OF bank
MIR King concluded by saying;
In other places IL will be referred to mercantile mouop
oles"
"Mr WnsoN mentioned the importance of facilitating
by canals the communication with the western settle
meats \"
The very subject that is now under consideration He
went on to say that
"As banks he did think with Mr.. King that the
power in that point OF view would excite the rendices
parties apprebended. As mercantile monopolies, they
already included in the power TO regulate trade
Here wish TO call the attention Of senators 10 the
fact that the differences OF opinion among the trainers OF
the constitution 10 the extent OF the power given for reg
uatng trade, and facilitating trade, have led dif
fcultes in the Interpretation of that part OF the consu-
ton than anything else il contains:
aCoonel Mason was for limiting the power TO the single
case OF canals He aiad OF mono poles OF every sort
4, ho A n0f