Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-02-18


Mr. johnson Of Arkansas am very sorry that
the Senator will take il up at all.
Mr. Davis. feel II my duty to say few words.
shall occupy as short time as possible
Mr. President, shall rot follow The Senator from
Tennessee in the very wide rapge he has taken; for
though he describes the bill oftbe Senator from Cal
ifornia, rather the bin Of the committee report
cd by the Senator from Caliafornia, as being both
vide and long 10 its application to the public lands,
it seems TO me that the Senator himself in discuss
ing that bill has drawn into it subjects which even
its great length and lis great breadth would not in
e.ude. He has thought proper TO speak at lime
when an amendment offered by myself was pending,
aud has addressed his remarks TO a bill to which
that amendment was directly opposed. Thus he
speaks though his S25, O00 OO0, his 5000, OOo,-
O00 Of which he speaks the expenditure Tor THIS
road a, d the innumerabe number of acres Of land
ali belonged TO he substitute before the Senate
They belong to the bill which the substitute was in,
tended to dispiace.
MIR husoD, Ct Tennessee. I intended, aud
thought l did make the exception of the Senator's
prop5si ion, and stated that, as betEeen the two, l
should vote for his, and that my remarks would be
oonfned principally to the original bill and The sub
stitue Tor it offered by the Senator from TenBes>
Q.
Mr. Davis. shall not notice the ex,raneous mat
ts, AMI most of ali Il hardship Of which the Sem
al complains as practically existing in the coun
try, which prevents the multiple sion of presdea-
llak caBuluAltS, HHiSh 10 uoi ACti3 dAd
in the zeal with which be arruigns it cannot s5m
path re III say, however. thai wdllsi omit the
general view of that pom , I Ike the programme
which The Senator presents his plan Of admiois-
tration very well. He proposes 20 reduce the eX-
penditures from seveny-fye or eighty millions to
hfy million dollars; and if pony race should oc>
cur, in which no parties represented and every
body who thinks he is fit 10 administer the Govern
meDt should be a candidate, do rot know but that
| ike the Senator's programme very well | shall
not yet pledge him my vote, however.
But, Mr.. President, | should not have risen at
ALL tut for the very kind manner in which the Sen
sior lamenis my departure from the doctrines Of
strict construction and my wandering into the field
of latiiudinarianism. he shows such interest in me-
81 follows me with such kind inetTue ion that
feel il is due TO lin, that should relieve him Of
some portion Of the apprehension which he enter
tsins. In doing so, shall be compelled to show
him that while he lectures upon constitutional law,
here are some parts of it which perhaps be has
naurely considered.
There are two kinds of enemies to the Coustiiu-
ion. One kind consists Of those who disregard il,
who trsmple it under foot who would claim that it
was no restraint upon the government of the Uni ed
States who would seek to draw The States into ore
great central government, and TO overthrow the
compact which binds the Ststes together Au-
other kind aad scarcely less dangerous, insists of
those who, sticking in the bark of the text unwil
ling TO acknowledge that anything grows out of the
Constitution unless it is written down in it. destroy
its vitality and drive the Government, by the ne
eessity of The case, 10 functions which, un-
der their construction, it would not have. Thus,
the Senator says that he cannot ind any warrant in
the Constitution for using this, though il be ne
cessary means incident to the making power:
and then refers to the Constitution, and reads the
provision that Congress shall have power to declare
war. Is that all? Why was that DO ser given? H.
is the great duty of the Federal Government and
the States united themselves together under one
head. 10 provide for the common defense The war
making power is expected 10 he exercised mainly
fer defensive purposes Il devolved on the General
Government TO provide for the general welfare and
the treaty aud war making power come under these
general duties and grants oonfefIed, to enable this
general agent to perform the duties imposed
on it.
But the grant did not stop there. If it had, the
Senator might have argued with some plausibi.iry
that the right to maintain army only arose after
the declaration OF war. If he had real the Consi>
tuition little further and little more closely he
would have found that Congress had the power 10
maintain army and navy; be would have found
by little further examination that he was in error
when be supposed this army was put under the
command of the Executive. He would have ou1d
instead of the men who formed this Government Civ
ing to the Executive lie Army, as an instrument TO
work his will, they would not grant him the
poor power of making regulations to govern it.
The men who formed This government, jealous Of
any use of the sword by the Executive retained in
the hands of Congress the power Of making the rules
and regulations for governing the land and the ma
val forces, as we'll that CT calling out the militia
and whatever poser the President possesses, save
10 us capacity of Commsnder-in-Chief he derives
from the laws OF Congress, which have from time to
time delegated certain powers to him, not by con-
stitutonal or Executive prerOgatiVe. Congress has
the control Of the Army, and not the President and
| thank the wisdom Of those who made our free in
slituions that it is so.
But the Senator says, if this he the result of the
war>makiDg power, We must wait till war is declar
ed. A bC autiful system Of national Defense surely
the Senator would found upon his theory You are
not TO make road, though you need il for defense
gu are TO build fort though you need for de-
Tense You not to roll gcain of powder; TO
cast shot or shells to make gun, great or small
You must wait until war is declared, and then you
acquire this as incident TO the War-making pow
His argument goes to the whole extent, that,
as an incident TO the war making power, il only
arises after the declaration of war. If have not
mistaken his language, believe that is the sub
stance Of it; | ready TO be corrected however,
if l mistake
Then he runs into the error of supposing that he
Constitution having given the President the militia
~ power, Congress have a check upon him in their
power to within Id appropriations for greater Pc
riod than two years. | should have thought he was
speaking of the British constitution; should have
thought he was speaking of monarchal governments,
where the crown holds the sword, and where the
House Of Commons voting the supplies had no other
check than by Inning its appropriations from
year 10 year, Our government is differently cons
structed Our Executive has 10 control of the ar
my save that which he derives from Congress. Even
his executive prerogattve of nomination and ap.
pointment is feltCred by law. He is tied dowR to
follow the path that Congress has choseno indicate
to him.
The Senator concludes (sueh is the line of his ar
guneni) that, as it is not proper to exercise
the war-makiDg power, it is proper to make this
road if it attsehes TO the war making power; snd
be might in the same view, equally have argued,
as it rs not proper time for war, had better
close cur sImores stop the manufacture of powder,
desist from every thing which tends to promote Ia.
tional defense-eveEything which is needful TO pro-
vide for it, 1t all comes within The general eatego
ry The Senator draws his illustrations from ia
miliar things l will say that his theory is some
what like the man who would not cover his house
in dry weather, because he did not then need
roof and his position would be that Of the same
man, who could not cover it when he needed, be-
cause then it rained If he did not make this road
before q ar, he could net make il during the war
until all for which it would be made had been lost
The Senator's argument against expanding money
to make road which is necessary | concur in,
if he will omit all that portion of it which makes the
necessity depend upon the declaration of war. If
the road is not necessary, would not vote one cent
for it If it is not one of the means which are
properly to employ, l would net vote cent. II it
be proper means, if it be the most efficient MEANS
lift be the most economical means, then, ask why
those who do not 90 to his whole extent, but still