The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-10-19


business Of Congress, there is longer time for its due
consideration Measures that deserve days weeks oil
grave consideration passed IN minutes or hours
passed i spirit oil generous confidence 10 some member
or committee which maured them, sometimes from
sheer sense OF the necessity OF doing something's and
when passed. they may often be found attached 10 the
tail Of some appropriation bill, with which they have
neilher congrnty nor consistency. Take up the naval
appropriation BILL and you will find perhaps provision
cr executing the printing OF the two houses OF Congress
ake Tue military appropriation bill and you will perhaps
hnd some scheme ior organizing an executive department.
or some plan, II may be- for nauralzng the camel upon
m our continent Upon the civil and diplomatic bill you
lind all SORTS OF laws upon all sorts Of subjects, and
upon al OF them private claims In this state OF things,
would y De prudent or proper even in the view OF
Limitations upon its powers imposed by the conslitu-
ton itself. according to the construction OF the Vr-
ginia school Suppose the general government were
10 assHule the general subject OF internal improve
menk vhn the sphere Of jurisdiction, there is
great talk OF doing could il find time 10 take charge Of the
system and give proper considerations Embarrassed as
spoken OF rival towns. States, and sectionseaousies
which this class OF questions produce freely than any
other- would become perfectly mpactcable II would
DO nothing upon this subject perhaps upon any other Ii
attempted system OF internal Improvement, that system
would represent not the wants Of trade buthe political
laence OF those who had beneficial interest in it, And
whilst Congress becomes more and inefficient and
lmpraccable, are we to suppose that the wheels Of
government will be stopped and the business Of society
that as Congress becomes inefficient and mpract-
cable, the executive shows itself to be active
and energetic in supplying the omissions OF the leg
islative department. What has been our experience
already upon This subject, We all recolect the case
OF California; session after session Congress failed 10
provide government Tor it, owing TO the iutense
the executive interviewed; without the authority Of law.
Convention OF the people there was called without
law money was raised by the executive without the
authority OF law that convention paid out OF this
fund.- and after that convention had adopted consltu
lion excluding the slaveholding States not only from
territory which the people in California occupied OF
Pacific coast the authority OF the United States alb
dlcaed into the hands OF the government thus constituted
by the United States governor; and this again. was done
without law. And these monstrous assumptions OF
ihony by the executive acquesced in by the legis-
lative department They acquesced in by them be-
cause the executive bad done precisely what sectional
majority oil Congress desired 10 do and had been unable
10 do without exposing the Union ITSELF they thought,
TO too great shock Their ends could thus be attained
more easily through executive action and thus they
quesced IN such precedent bad never appeared be-
fore upon our statute book and trust will be
there again. But il we continue examination,
shall hnd these cases OF executive legislation multiply
upon u.s. Congress falls TO pass some necessary law
appropriation the machinery OF commerce begins TO jar
and the business of society suffers Forth
the executive TO supply the place OF The which
is missing Or II It be question OF money he finds
balance OF old appropriation which ought long ago
have gone 10 the surplus fund, and he that;
there be no appropriation directly 10 the point, balance
of some appropriation for another purpose is, by legal
hchon transferred TO one for which intend
eu bidny fOads are open 10 Inc executive loT OBJ
tanning Legislative power and il the legislature is itself
ineneiept and inactive, he may pursue them almost
noticed and uncensued There is the treasury circular,
srs which stands TO the revenue laws the opinions OF
Judges do 10 your statute laws. Now, these consruc.
iions OF law by the Secretaries, like your Judge. made
law, are necessary things. and are good enough in their
places, provided always that the leg saiures
efficient state TO supervise the law thus made and TO
rect 1t when wrong But if Congress should be unable
to attend 10 lis proper duties from the number OF subjects
OF which II has taken charge then very wide door is
open TO executive Legislation Why sirs the practice in
relation TO receiving bank notes in payment OF public du
ties originated not in any law but in treasury circular
OF Alexander Hamilton. That question, which afler-
wards divided parties and agiiaed the country deeply
had been thus originally settled, not by reference To
Congress bat by the executive alone. Now, Mr. Presl
dent do not mean TO say that these practices and NAL
practices originated IN any design on the part OF our
President TO create central desPoIsm; they held their
places for four at eight years and none OF them
probably desired TO leave behind them a
themselves, or their children and fellow-c But
these things grow out OF Capitalization, and exhibit
the natural workings OF system when Congress de.
parts IRON those limitations wisely imposed upon them
in the constitution Nor lei be said that any fear of the
growth OF executive power is idle and chimerical. As
far back l79s OF the Virginia resolutions of that
date declared that consolidation of powers in the
federal government must lead to monarchy There ~
assoredly more reason now 10 lear such result from
cenfaizanon than IN their day, and IT was wise fear
even then.
Mr. President, experience shows that Congress canno;
depart with mpuniy IRON the limitations OF the constitu
ton laid down by the State. rights school, and that
often unexpected mschies flow from the alteration Some
years ago Congress undertook distribute the public prop
ery OF the Union amongst the States and provide them
with revenue. II was said then by some OF us tha, the
result oil this precedent be to bring individual de-
mands upon the public treasury and thus might
10 behold the dangerous spectacle OF citizens looking
TO iher honest industry, but 10 the ballot box for their
livelihood The apprehension regarded as chimeri-
CAL and yet at the last session OF Congress have
bill making gratuous distribution OF farms to indi-
ylduas passing The House, and not yet acted upon by
The Senate, This bill passed by a union OF those
who wanted the farms and OF States who wished TO get
rd oil The United States landlord within their Dor.
ders II seem to me, srs, that ought to withdraw
all pretence Tor such coalition by passing fair gradua.
ton law, which may open up these lands for settlement
as last there ar and real demand for them for that
purpose For the rest the remedy for all these evils
Is return 10 the old republican system Restrict Con.
gress to The powers given by the constitution according
TO the doctrines OF The strict construction school, They
Will then have enough Tor all iederaive purposes
enough, too, but not more than enough TO do. The
business OF complete government, 90 far as for
ols0 Daions concerned, the necessary establish.
ments and the taxation for that purpose, and their
limited powers over the vast subject OF Internal
mefce, will afford them employment enough for their
time and energies II they attempt more, before long
they must abdcate all to make way for ntenser form
OF Capitalization. As the Roman Senate had TO give
way 10 The Roman Emperor when their possessions be-
came 100 large ior legislature so must IT end here
u we disturb the just distribution OF power under
system, and consolidate il all in the federal government.
Mr. President, in the application which have thus
ar made OF the State rights and free trade principles
the subjects under consideration, according my views
all the States OF tuIs oonederacy are concerned, The
poicai and industrial interests oil all OF them best to
De subserved IN my opinion by close adherence 10 those
priacipies But shall address myself TO qaesiion
AT nj In