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


men now insist upon. How is il TO be done, with that re-
port of the proceedings before us am unable TO say.
may be thought tina, this very important proposition
30 IT'S III was so considered al the time the constitution
was framed and was not left unprovided for by the con
venon. II was provided in the constitution that State
might levy tonnage dues with the consent OF the Congress
taken as lake now--hat those who more especially
Interested in commerce should have the control Of il
that they might levy tonnage dues, so as omprove their
rivers and harbors. Commerce could then pay It's way
u would be proper and legitimate exercise OF power;
and IN this way the objection urged by Mr. Wilson, and
which appears TO have controlled the convention, that
the funds must necessarily be provided by the United
States, would be obviaed Influenced by these consid
era!ions, now give notice, that i the amendment offer
ed by the senator from Illinois Mr.. DoUGLAs] should
not be adopted, will that the whole bill be struck
out after the enactDg clause and that his amendment be
inserted as substitute, so that these improvements may
be carried on. There will be no difficulty about ii; at
all events, if there any difficulty. will be worth
trial Our greatest and best men have contended that
we have no power 10 act upon this subject aud that an
amendment to the constitution will be necessary before
any such power be exercised. Let US, then. make
trial of the provision contained in the constitution; and
that should fail let us make an appeal to the people to
alter the constitution, and confer on the government
those powers which the trainers OF the present constu
ton refused.
now beg leave to call the attention of the Senate to
though these things known to senator's and although
do not offer them yet il is well that we should
stir up our "pure minds" occasionally "by way OF re-
take it, SIR that Mr. Madison understood the powers
conferred the federal government better than any
living, or better than any man who ever lived DO not
mean any dsparagement TO Others when that iyom
his familiarity with the subject in consequence OF his
having assisted in drawing up the constitution, and in
the discussions on H. and from the peculiar character OF
his intellect he understood the whole subject better than
any man cotemporaneous with him, or who has lived
since. Now what does he cay the question OF inter
nal improvements On Monday Sd of March, 1917, he
returned to the House OF Representatives bill passed BY
the two houses entitled act to set apart and pledge
certain funds for internal improvements and stated his
reasons IN the following words:
Having considered tho bill this day presented me, en-
titled An act to set apart and pledge certain funds for
internal and which part and pledges
funds constructing roads and canals and improving the
of waer-courses, in order facilitate, promote
and give security to internal commerce among the several
States and render easy and less expensive the
means and provisions for the common defence. am
s.aned By the iasupeIabe difficulty feel in reeoncng
with that objection to the House OF Representatives in
which it originated.
The legislative powers vested in Congress specified
and enumerated In the eighth section OF the first article OF
the constitution; and L does not appear that the
proposed to be exercised by the bill among the
ated powers, thar 1t falls by any just interpretation
within the power make laws necessary and proper for
carrying into execution those 'or other vested by
the constitution in the government OF the United Staes
This the point to which wish to call the attention
OF the Senate:
"'Tte power to regulate commerce among the several
canals. and improve the navigation of courses
order to facilitate promote, and secure such commerce.
without latitude oil construction departing from the ord
nary import Of the terms. strengthened by the known
conveniences which doubtless led the grant oil this
dial power to Congress"
Thus we see that, in the view which Mr. Madison
takes of it, 'ihe power TO regulate commerce differs
sentiay from the power ito facilitate it, and believe
II would be impossible TO show that they in any way
synonymous.
He continues to say:
"To refer the power in question the clause provide
for the common defence and general welfare, would be
the established and rules inierpre
taon as rendering the special and careful Of
n wi have fha aff4 III
giving to Congress general power Of legislation
as this bill would do, in my opinion
'nsead Of the defined and limited one hitherto understood
to belong to them the terms common defence and
welfare embracing every object and within the pur.
view of legislative trust would have The effect of sub
all specifically exempted be superseded by
laws of Congress"
That is the only portion OF Mr. Madison's veto mes.
sage to which desire TO refer, and in which he ex-
pressy denies that Congress- in his opinion has any such
power.
Although do not consider Mr.. Monroe SO high an
authority as Mr. Madison vet he is espec,able author
ty on this subject and exhibited great anxiety that Con-
gress should be enabled TO exercise this power
In his veto message be says;
"Having duly considered bin entitled An act for the
preservation and repair Of the Cumberland road il is with
deep regret approving as do, the policy that com.
peled TO object 70 Its passage, and TO the bill the
conviction that Congress do possess tie power under
the constitution. TO pass such a law
"A power to establish turnpkes, with gates and tolls,
and to enforce the collection Of tolls by penalties plies
power to adopt and execute complete system Of internal
improvement right to impose duties to be paid by all
persons passing certain road, and horses and car
nages, nsis done by this b involves the right
land from the proprietor, on vaus alton, and laws
for the protection OF the road from injuries. and IL
lists nsto one road It exists any other and many
roads as Congress may think proper to establish right
TO egsaie Tor of these purposes is hit TO egsae
Tor the Others IL IL complete right Of jurisdiction and
sovereignty, Tor all the purposes OF internal improvements
and not merely the right Of applying money, under the
vested IN Congress make appropriations, under
which power with the consent Of the States through which
this road passes the work was originally commenced and
has been so lar executed am Of opinion that Congress
do possess this power-that the States individually can.
not grant IT. for, although they the sppro
priaton OF within their limits for such purposes
they grant no power Of jurisdiction sovereignty by
special compa with the United States This power can
be granted only by amendment the constitution, and
In the mode prescribed by IT,
" III tho power exist, IL must be either because IL has
been specifically granted to the United aies, that is
granted. IL examine the specific grants OF power
do not find IL among nor is incidental any power
which has been specifically granted.
!" u has never been contended that the power spe
officially granted is only claimed being incidental
some or more OF the powers which are specifically
granted"
Having thas stated his views as to the powers really
possessed under the constitution Mr. Monroe makes
the following suggestion relative to their increase;
Having, at the comm encemen Of nv service in this
high trust considered II duty express the opinion that
the United States do not possess the question: and
Of nsnding TO the States amendment the
s,ituon, the po in the United States mi aon-
ton has been often drawn the subject
quence whereof have occasionally committed my sen
menis TO paper respecting it,
II will be remark ed that Mr.. Monroe in this message
was OF opinion that Congress did possess the power
they hal assumed and that the States could confer il
-. a 49, tho =