Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-09-10

eide it for ourselves than the fact of an Executive mes
sage on the subect since if this House is to be dissuaded
from an attempt to legislate important subject by
suggestion of Executive opinion, its constitutional
powers are gone"
~ have on another occasion (said Mr. T. reminded
the House of the various this subject
to the consideration Of Congress In the year 1906 the
unprecedented fourishing condition of finances in
duced Mr. Jefferson then President Of the United States
to make il special subject in his message Congress
the opening of their session In pursuance of this
mendation, the legislative body passed resolution call
ing upon the then Secretary Of the Treasury Mr. Gala
tin for report the OF roads and canals, which
accordingly presented in the spring OF 1908 But
before the subject acted uponperhaps indeed, be-
fore the report made-the golden vision was fed ;
the unprosperous state of affairs left reason to
hope that should possess the Of carrying on the
important national improvements that had been suggest
ed and the plan accordingly abandoned From that
period for four years difficulties only increased until
at length engaged III which demanded all
our resources and all exerons The war; however,
had been terminated year before the rapidly
creasng revenues Of the United States induced Mr. Made
son recommend the subject to the consideration Of
Congress- An Intellectual effort made to appropriate
funds for these important purposes at the last session. by
act which finally rejected by the President and
the subject is again submitted to consideration by
the late message to the legislative body.
g In all these communications there to have been
difference Of opinion to the propriey of vesng in
the General Government the important power Of under
taking great improvements of constructing roads
and canas and opening and perecng the navigation Of
rivers. speak, sir, Of improvements of general and
national concern; for to those matters Of inferior
Importance which fall more properly under State egsla
ton, have found either disposed to interfere
with them inclined to the opinion that they within
the constitutional powers of the General Government
The national character of the object is that which gives it
both its Importance and consutonality and it is not
to be wondered that while there is such diversity Of
opinion the construction of the constitution there
cannot be found statesman who has expressed sent
unfavorabe to the possession of this by the
General Government"
Mr. foo ota u;darat Al
supported the opinion and the objects which required
| aid, and said:
But why, it is asked, not amend the constitution |?
The is easy. Those who do not believe we pos
the power right in wishing amendments those
who believe have it would be wrong in referring it to
the States and Us the committee of this opinion,
they could not recommend amendment: for if an
amendment be recommended and not obtained, should
have surrendered power which we are bound to main
tain if we think possess it,
81 am aware, Mr.. Chairman, Continued Mr.. TUCKER
of the great cutlery which has been raised against this
proposition. 1t would be affectation in pretend
to be deaf to the tocsn which has been sounded this
occasion. The cry of alarm sir comes from quarter
which cannot but respect and yenerate lis from
part OF my parent State. But whilst shall always lis
with the utmost Difference to her admonons must
in matter of conscience pursue the dictates of my
reflections; and trust that shall not find it difficult
show that the position have assumed is neither novel
nor dangerous but has been sanctioned by of
greatest Statement and has not been without the appro
baton of the Legislature of Virginia herself The only
difference is, sir that when these principles and these
powers which advocate formerly avowed they had
the support of great and ustrous names and that
received oracular wisdom from them which from my
feeble pen is deemed novel and daring dangerous and
absurd
Mr. TUCKER quoted from Mr.. MoNRoE's report, when
Secretary of War, upon the Massachusetts, Militia Claim
the following paragraph:
The construction given to the constitution (said Mr..
Monroe by the Executive is SANCTIONED 6y Legislature
thory Iy the practice of the Government and BIZ tie acgui-
escece Of all the States since The adoption Of the Constitution
to the period Of the late unhappy differences" MR. NJ cited
instances of the construction given by the Executive de-
partments in support of his opinion.
Mr.. TUCKER continued:
But is not only in the reasoning of the committee
that coincidence is discovered with long received
opinions of most distinguished statesmen The very
opinion which they have expressed entertained and
avowed, and advanced in o report made Congress by
that celebrated man, Mr. Gaatin while Secretary of
the Treasury under Mr. Jeffersons administration"
After quoting largely from Mr.. GAILArr Report Mr.
TUCKER said
From the year 1903 till the first session Of the last
Congress- do not perceive that this subject was again
agtated but at that session recommendation
ceived from the Executive, which conceived to admit
that Congress possessed certain powers in relation to
these subjects though extensive perhaps as the in
terests of the nation might require. Here Mr. TUCKER
read part of Mr.. MADIsoYs message In consequence
of this message bill brought in at the next ses-
sion by honorable gentleman who forms part Of
the Administration (AIr CALHOUN and whose aid il is
SUBJECT OF the deepest regret that do not
the present OCCASION The principles of that bill were
correspondent with those of the resolutions before YOU
and were supported by its with ability that IL
ustrated every subject which he touched and vgor Of
genius which ensured every measure that he
advocated 1t passed riumphany through both Houses
and presented for the signature of the Executive
To the great and general disappointment and surprise of
its advocates rejected; and it is peculiarly their
misfortune that the revival CT the proposition has devov
ed from its able supporter the feeble hands to which
il has at this session been committed.
Besides these decisive evidences that there is nothing
novel extraordinary in the proposition before the COM
mitee, beg leave mention the cases of the Cumber
land and Plattsburg Roads. The Cumberland Road is
constructed from the banks Of the Potomac through parts
of Maryland, Pennsylvania, and Virginia. to the Ohio
river The road has been made by the United States
at their expense Three four laws have been passed
at different times appropriatng money for its consruc
on and these have received the assent of two Presidents
(Mr. JEFFERSON and Mr. MADIsoN 1t win be my OBJ
ec before this discussion Closes prove that the
strucon of this road does differ in principle the
power asserted to exist in the Federal Government by
these resolutions At present such discussion would
be premature"
lit is but proper to say that Mr. TUCKER throughout
his whole this subject looked the of
the States.
Mr. ELDRED SrMKrNs, the successor Of Mr. CALHOUN in
the House, also advocated this measure, and claimed for
Congress the unrestricted power the subject.
Twas after this speech Of Mr.. TUCKER, and one Of
great ability by Mr. CLAY, that the report Of the commit
tee modified motion Of Mr. LowSDEs, and vote
taken upon the following resolution
Resolved That Congress has power under the Consti-
tuition 10 appropriate money for the construction Of post