The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-27

connect, East well as West, ana NORM We'll as
Soubhey shall do upon the condition Of putting their
roads under the regulation OF Congress WHAT'S this but
giving Congress the regulation Of the whole subject Of
railroad transportation and commerce. What is il but 10
accomplish that very idea whsh the senator from Ken
lucky Mr. USDERwooDl advanced as one which was
the true principle by which we were TO be guided in our
legislation And is the Senate wing--are the Ame-
can people wilIiog-ic submit this whole subject. which
has been well managed by the Stales. into the hands
OF the federal government
know, sir. it may be said that this can only be done
by the assent OF the State governments but what i'm
mense pecuniary inducements are you holding out to
them TO assent You holding out, il the friends OF
this bill right all The Inducements that can be derived
from participation in the benefits OF the principal por
,on of the immense railroad commerce sf the Union, TO
induce the States surrender their power and their ufis
dcon. II is saying TO them in effect II you will sur
render your power and your jurisdiction, you may pa
cipate these benefits but II you do not, you cannot
share in them and The means proposed IN TINS section are
precisely those which are well calculated TO tempt the
States transfer this vast subject OF power and uTsdic
ton from themselves to this government 10 adopt his
provision will be saying 10 the Slaes II you 10 not take
the oher States which will surrender their power on
that condition. will derive those benefits, and you VIII De
shut os; and in order to protect your own czens you
must come IN and surrender your Powers Dir, me
| here by what right-under what clause OF the cons-
tuition is it, that the general government ana Stale nave
any power make ssch compact, and thus virtually to
change the constitution of the United States The con-
stituon provides the mode in which il is to be changed
provides the number OF the States which shall assent
in order to change it, II never did intend that Congress-
by compact with State, should be enabled to as
sumo The exercise OF powers which the constitution did
give Besides, the constitution especially provides
that no States shall enter into any treaty, alliance, or
con!ederaon-a prohibition which extends 10 all govern
menls, Congress included know tina, there Is an ex
cepon that Stale may enter into compact or agree
ment with another State with the assent OF Congress, but
that is the only exception and In the dealing between
Congress and the States, the constitution especially pro-
vdes for the instances where these compacts permit
ted between State and the federal government and how
it is to be done For instance, provides for the ces.
sons of sites Tor the needu public buildings You must
procure them with the assent OF the States repea, i,
sir the constitution provides for the instances in which
the States shall give their assent and Tor Congress TO
attempt obtain powers by the assent oil State, under
any other circumstances is violation OF the constitution
In that ! am sustained by Mr.. Madison. by General
Jack son, and by Mr.. Monroe. The last in his veto OF
the Cumberland road act, says OF this bill:
"t It's a complete right OF jurisdiction and sovereignty
for all the purposes of maimprovenen and not merely
the right OF applying money under The power vested IN
Congress make appropriations under which power, with
the Of the States through which this road passes
the work originally commenced and has been 30 far
executed am Of opinion tha, Congress do possess
this power,hat the States ind vidualy grant for
although they assent to the appropriation OF money
within their limits for such purposes they can grant no
power of jurisdiction or sovereigny by special comPae
by amendment OF the consttuon and in the mode pre-
scrbed by it"
General Jackson, too. TO refer to this as the
extreme view OF the power OF Congress this subject
in his veto of the Maysvle road In that message he
says:
Independently OF the sanction given to appropriations
for the Cumberland and other roads and Objects under
this power, the standardization of Mr. Madison char
acterzed by which furnishes tho strongest evi.
dence of his opinion OF its extent bill was passed
through both houses of Congress- and presented for his APP
proval, setting and pedging certain funds for
structng roads and canals and improving the navigation
of courses. order facilitate. promote and give
security internal commerce among the several States,
render easy, and less expensive, the
and provisions ior common defence Regarding the
bill as asserting power IN the federal government TO con.
roads aud within the limits of the States in
which they made, he objected 10 its on the
ground Of ts declaring hat the assent
OF the respective States In the mode provided by the b
could confer the IN questions that the only
in which the and ce.son of particular States
extend the power OF Congress- those spec ned and pro-
vided for the constitution and snperaddng to these
aSowals his opinion that a restriction of the 10
provide for the common defenee and general welfare TO
cases which to be provided for by the expenditure
Of money, would sill leave within the legislative power
OF Congress all the great and important OF
government, money being the ordinary and Necessary
means oicsrryng them into execution. have not been
able TO consider these declarations any other point OF
view than concession that the right OF appropriation h
not limited by the power 10 carry into effect the measure
for which the monsy is asked, was formerly eonended
I The views OF Mr.. Monroe upon this subject were not
left TO inference During his administration bill was
passed through both houses OF Congress- conieng the
InrIsdcon and prescribing the mode by which the fed
sra government should exercise IT. IN the OF the Cum
berand road. He returned with objections 10 lis pas
and In assigning them took occasion 10 say that
in the early stages o the government he had inclined to
the construction that bad right 10 eKpeDd money
cep in The performance Of acts authorized by the other
spec c grants OF power, according TO strict construction
OF them. but that further reflection and observation
his mind had undergone change that hrs opinion then
was "That Congress have an unlimited power to raise
money and that, IN ITS appropriation, they have dis;
cetonary power, restricted only by the dniy appopr
ate it 10 purposes OF defence and OF general,
not local--naiional, not State benefit and this
avowed to be the governing principle through the resl
due OF his administration. The views OF the last ad-
mnlsation are OF such recent date as 10 render partc
ular reference 10 them unnecessary. II is well known
that The appropaBg power 10 the utmost extent which
had been claimed for II in relation TO internal improve
ments, was fully recognised and exercised by II
This briei known will be sufficient to
show the difficulty II not the imprsocabiiy, Of bringing
back the operations OF the government to the consruc ion
Of the constitution in l79S assuming that be
true reading, In relation the power under consideration
and the necessity OF guarding tho constitution with sleep
less vigilance against the authority OF prrccdents which
have not the sanction of s stpainy defined powers.
For although IL the duty OF all to look to that ssofod in
suument, instead Of the statuebook roppdiac a all
times entertainments its spirit, which to
be ELECTED by the conlunciure OF peculiar and facilitating
sancesi IL - not less that the public good and
the nane OF political Institutions require that lndvid-
ua differences should yield wel-selsd acqu
OF the people and conederatcd authorities In parcLar
constructions OF the constitution doubtful points. Not
concedc this much the spirit OF would
impair their stability and defeat the objects OF the cons-
tuition itself"
II will be perceived from this extract ha, Mr. Madi-
son distinctly denied the right OF this government 10 de-
rive power by the assent OF State and he said as
was Just remarkng that all the instances in which this
government may derive power by the assent Of the
States are those enumerated in the constitution i,self
1t will be .een too that General Jackson concurred in
thai opinion, and that Mr.. Madison and Mr. Monroe
when they carried this doctrine OF internal nproy nj
TO The extreme limits OF what they conceived TO be proper
went only to this extent; that you might under the
power OF appropralng money, appropriate il for an OBJ
ect for the general welfare II il was one of national and
general interest, but that you could 20 uher,hat
Congress could jurisdiction over the road
or the IL, that whole