The daily union., 1852-08-20

y OF this work has scarcely emerged into notice before
IT'S demanded for il said i may be used for war pur-
poses, That, however, think has been sufficiently ex-
posed already. think that the time when conflict be-
tween Great Britain and the United Sales will be upon
to lay this subject upon the table.
| Mr.. TOUCEY Does the honorable senator insist
upon his motion TO lay upon the table, or will he move to
postpone 70 day certain shall not be at liberty TO
MI BELL. have no objection TO have the bill post
poMSfa Me- + foucEES SsEE fs'i Il that motion is substituted for III.
other shall be clad of the opportunity to say few
words DO | understand the senator from Tennessee
MI BELL 70 move TO postpone this bill TO day certain
The PRESIDING OFFICER. (Mr. NoRRis in the
CHAR The question is upon the motion 10 lay the bill
upon the table.
Mi. ToUcEY. am endeavoring 10 understand from
the senator from Tennessee whether his motion IL 10
postpone the bill 10 day certain. whether is lay
the bill upon the table, In the latter case suppose moth
ing can be said But il he moves to postpone il 10 day
certain, should like to say lew words in regard to this
bill.
Mr. BELL do not wish TO continue this debate
longer al this time 1t has already consumed more time
MIR, CASS. The honorable senator will pardon me for
saying that one OF his great objections 10 bill the other
day was, that great many matters had been conglom-
Grated together, and made matter of bargain among its
inends Now, here is a bill alone, standing upon its
own merits and say that if pass every bill in
hai hs way VII Hs better 1E hs county
the Senate is not debatable.
| MIR. TOUCEY. ask the senator from Tennessee to
Withdraw modify his motion, rather substitute for il
motion to postpone 10 day certain, in order that may
have an opportunity 10 say few words now in relation
to this BILL If he will consent to that, will 90 if he
will not, then must take my seat.
Mr.. BELL. will obge the honorable senator if he
is particularly anxious to 60 now, though am sure
we shall be involved in a long debate In regard to
the remark of the senator from Michigan, [Mr CAss,l
that one OF my objections the other day the congom
Grafton OF these matters and making them matter OF bar
gain, must say that made such objection the other
MIR. UNDERWOOD Let this motion to lay upon the
table be considered a test question.
| Mr.. TOUCEY. That is what object to. | do not
wish to vote upon test question without an opportunity
| to say word
Mr.. BELL. Then, modify my motion so that it will
Oe TO pospohe Gn H. to- weeknneS, ne TUESDAY
from Connecticut Mr.. ToucEY.l
i Mr.. 1OUCEY. As have interfered in this matter
by offering amendment for the purpose OF perecng
this bull feel il to be my duty TO say few words at
some stage OF this debate in order that may not myself
be misunderstood Now, differ with the honorable
senator from Michigan MIR: CAss in the idea put forth
by him. as understand it, that the having the title to the
lands within the limits of State confes any power upon
This government do not think that the incidental cir
cumstance OF the title TO the land being possessed by this
government authorizes the construction OF public work
within the limits of sovereign State. Ii il were so,
there is not road or canal in the whole country which
might not be brought within our jurisdiction and under
our authority for the projectors OF such road canal
would have nothing to do bat to acquire the title 10 The
land requisite for the construction OF 1t, and then convey
that land 10 the government OF the United States On the
other hand II you have the power 10 construct public
work, you have the power TO take the land ad ninum
Tor that purpose. And ii you have the incidental pos
session OF the land with the power 10 construct public
work upon IT, you have the authority 10 tax the people
OF the United States TO carry forward and accomplish that
public work therefore leave that circumstance out of
the question as totally unmportaDt totally immaerial,
as conferTng no such power upon this government
apprehend that we derive power in this and
authority from the commercial power of this govern
ment
The authority regulate commerce does not confer the
power 10 build roads and canals within the limits OF
State There are many reasons why that power is not
conferred The Circumstance adyerted 10 by the
IRON South Carolina Mr. BUTLERl is one entitled to
great consideration that proposition made in the
convention which framed the constitution TO confer upon
this government the power 10 construct roads and canals
an it was rejected. You therefore driven 10 the
question whether it is nferentia power The power
TO regulate commerce is essentially different from the pow
10 construct roads and canals Ii you derive infer
entaly, is the ground that roads and canals
sentia to the transit OF II you admit that 10
be sufficient ground for inIeung such power, then
you have the power 10 construct and maintain every
road, every common road every canal, and every rail-
road the country because they for the accommoda
ten OF commerce; and any such Interpretation OF The
constitution that would tend TO make this govern.
ment of unlimited powers
therefore derive support TO this bill from crcum
stances which would facilitate the transit OF troops or the
transit OF military stores They be transported from
one place TO anolber without this canal and the
would apply 10 all the great railroads and canals
in the country that they facilitate The transport OF troops
and military stores II that be ground OF nferring that
s within the power OF this TO construct rail
roads and canals you take the jurisdiction OF every rail-
| road and canal in the country
IL is another question with regard 10 the Improvement
Of rivers and harbors That is another question: to-
tally different question-and not touching the question
involved here admit most freely sir, that II this
bill in its amended form cannot be supported under the
war power. in my judgment It cannot be supported at
ALL Well, sir, admit also that II this is mere cloak
and cover for the construction OF public work Tor
totally different purpose, il would be indefensble and
this point, sir, the Senate is called upon 10 vote IN
good faith and in fidelity TO the constitution II the OBJ
ec of il is merely 10 construct canal within the limits
of sovereign State, why, il is rather duty, in judg
ment or al least the duty OF those who entertain the
same opinions that do, TO reject the bill
But, sir, will any tell me that ship canal OF less
than mile in lengih-unliing Lake Superior, Lake
| Huron. Lake Michigan and Lake Ere-for naval pur-
poses, s not within the power OF this government Does
any senator deny thatl should like TO hear any states
10 this country advance that position Why, sir
YOU construct canal with locks forth purpose Of taking
vessels ont Of the and into the water You
strue railway, other way 10 transfer ship from
the stocks into its element. Now will any one tell me
that you do ths and yet, when you have the ships
all ready built in OF these lakes you cannot at less
cost than would require TO build another ship, excavae
the earth and construct a lock or locks by which
armed vessel may be transferred from Lake Superior to
Lake Ere Will any advance the idea that you must
upon the land and construct naval marine Tor
Lake Superior and build canal with locks railway,
other way 10 transfer that naval marine, when IL is
built upon the and from the stocks into Lake Ere but il
you have already built you may not excavate mile,
less than mile. in order to transfer il from lake the
otherl think there can be difficulty upon that point
think every man in the country will admit that this
be the object OF tiff this be truly the bona fde object OF
tit is entirely within the power OF this government