The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-03

IL
going TO address the Senate on the question, beg leave
10 read 10 the Senate Mi Msdsons opinion on this
very subject, without any comment la 1917 when The
question differently presented 10 hun IN bill for his
sanction, he gave inc following as MS VIEWS 10 Tue Veto
message on that Dill;
Having considered the bill this day presented
entitled IAN act and pledge certain funds for
internal improve ents and which sets apart pledges
funds FOR constructing roads ana canals and improving the
of warehouses IN order 10 facilitate, promote,
and give security internal commerce among the several
States and render more easy and less expensive the
strained by the nsupeTabe difficulty feel in reconcling
the bill with the constitution OF the United States 10 return
il with that objection 10 me HOUSE Oh Representatives, IN
The legislative powers vested in Congress are specified
and in the eighth section OF the first article OF
constitution and IL does not appear that the power
posed TO exercised by the bin is among the enumerated
powers that falls by any Just Interpretation. within
the power make laws necessary and proper for carrying
into execution those other powers vested by the cons
tuition in the government OF the United States
"'The power TO regulate commerce among the several
States cannot include power TO construct roads and
nas and 10 improve the navigation of warehouses in
order 10 facilitate promote, and secure such commerce.
without latitude of construction departing from the ordt
import OF the terms strengthening by the known in
convenences which doubtless led to the grant of this
dial power to Congress
To refer the power in question the clause provide
for the common defence and general welfare, would be
contrary to the established and consistent rules of nerpre
atlon, rendering the special and careful enumeration
OF powers which follows the clause nugatoy and i'm proper
Such view OF the constitution would have the effect OF
giving to Congress general power OF Legislation instead OF
the defined and limited hitherto understood TO belong
TO them the terms common defence and general welfare
emil ling every object and within the purview of
legislative trust Ii would have the effect OF subecting
both the constitution and laws Of the States in
specifically exempted, TO be superseded by laws
OF Congress; u being expressly declared, that the cons
thereof shall be the supreme law Of land and the Judges
every State shall be bound thereby anything in the
suon or laws OF any Stale TO the contrary notwithstand
ing Such view OF the constitution. finally would have
the effect OF excluding the Judicial authority OF the United
the legislative powers Of the general and the State
governments nasmuch questions relating TO the general
welfare being questions OF policy and expediency are un
| Dtibe of judicial copuiZance and decision,
restriction OF the power to provide Tor the common
defence and general welfare to cases which are 10 be pro-
vded for by the expenditure OF money, would still leave
within the legislative power Of Congress all the great and
important measures OF government money being the
ordinary and OF carrying them into exc
cnton
improve the navigation of with the train
Of powers incident thereto. be possessed by Congress-
Tie OF the States the mode provided in the bill
cannot confer power. The only in which the
and cesson of particular States can extend the
power OF Congress- those specified and provided for in
the constitution
Il am not unaware the great importance of roads and
canals, and the improved navigation OF waer-conres and
that power the national legislature 10 provide for them
might be exercised with signal advantage TO the general
prosperity But seeing that such power is not expressly
given by the constitution, and believing that cannot be
deduced from any part OF without an inadmssble a,-
tudc of construction, and reliance insufficient prece-
dents believing Also that the permanent success OF te
constitution depends on definite partition Of powers be
tween the general and The State and mat no
adequate landmarks would be left by the constructive
have option but withhold my signature from it. and
cherish the hope that It's beneficial objects may be at
talned by Tor the powers 10 The
wisdom and virtue in the nation which established the CON
sttuon IN its actual FORM and provldeny marked OUT In
the instrument itself, safe and practicable mode oil i'm
| proving II as experience might suggest
There has been change in the constitution since that
time, and therefore think Mr. Madison's objections APP
ply now well then My object merely was, mas.
much Mr.. Madlsons opinions had been quoted, 10
bring them before the Senate as they were then ex-
pressed.
| Mr. WELLER | rise to express the hope that the
| Senate will proceed to dispose of this bill. Its I'm
poran in many points of view that should be disposed
Of The termination of the session is rapidly approach
ing, and there many bills OF Importance which ought
| Mr. SHIELDS The honorable senator from Califor-
MIA has amendment prepared, and am perfectly will
ing 10 accede to IT. and to withdraw my own IN order thai
he may offer his believe also that the honorable sena
tor from Missouri Mr. GEYERl has one which Will be
The PRESIDING OFFICER, (Mr. BRApDuRY in the
char) AS the yeas and nays have been ordered upon
the amendment il cannot be Withdrawn unless BY unan-
nous consent
Mr.. SHIELDS. | would ask whether it would be in
order for accept the amendment of the honorable
senator from California in lieu of my ownl
| The PRESIDING OFFICER The Chair does not
understand that the amendment can be modified after the
yeas and nays have been ordered, unless by unanimous
consent.
Mr.. DESAUSSURE announced tina, his colleague
Mr. BUTLERl had paired off with the senator from North
Carolina Mr.. BADGER.
The question being taken by yeas and nays on the
amendment of Mr. SHIELDS, resulted-yeas "A, nays 25
| as follows:
YEAS-Messrs. Adams, Bayard Bradbury, Bright Brod-
head, Cass. Charlton Cooper Dawson, Desanssue Doug
las Downs, Fitzpatrick Hamln, Hunter, Mallory Mason,
Morton, Peaice, Phelps, Shields, Souie, Toueey, and
Waker-2
NAYs-Messrs Atchison, Bell, Borand, Brooke, Chase,
Clarke Davis Dodge Of Wisconsin, Dodge Of Iowa, Foot,
Geyer, Gwn, Hale, Houston Jones Of Iowa, Jones OF Ten
nessee Msngum, Miller Pratt, Rusk, Sebastian, Seward,
Smith, Spruanee, Sumner, Underwood, Wade and Wei
ler-2s.
So the amendment rejected.
Mr. GWIN. Now, appeal TO the friends OF the bill TO
let have the test question on It's engrossment, without
amendment. Then, if cannot pass this bill we can
amend it, and get that can be passed. Let us have a
test question whether this BILL after It's being thus ma
question on the engrossment OF the bill. hope the
friends OF the bill will agree 10 that
MIR. WELLER So Tar as am concerned, ! prefer
that the question shall be taken the bill alter II
shall have been perfected according TO what my notions
OF perfection Think the bill be made much bet
than it Isl and for the purpose OF accomplishing that
object, have some amendments to propose. a portion
of the amendment which has just been voted down is, IN
my opinion. wholly unnecessary; mean that portion
which required the express authority OF the States TO con-
this road can readily that that nigh lead to
OF the difficulties adverted TO by my friend from
Texas There is already provision in the first section
that before the said road shall be located constructed
through any State the Of the legislature thereof
the provisions contained in this act shall be first bad
and obtained" The legal effect Of that proviso il to re-
Quire the consent OF State legislature TO the cons,Iuc
ton of the road through its own limits That is all on
that point. in my Judgment that was necessary.
NV FIRST amendment is TO insert after the provision CIV
ing $40 900 900 in bonds OF the government redeemable
in twenty years, in the third section the words;
(which said sum shall be expended exclusively in