Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-04-01
Relief Ofthe Destitute of the South.
SP EECH
UO0aD xT"rT4II. IIIT
HON. Phil ADELPH VAN TRUMP

HS 30 43ft E|Ea fF5. III u +
HON. Phil ADELPH VAN TRUMP,
OF OHIO,
la sheG House OF Observation-Disclosures,
March 90, 1867. .-.--. t.., /
.e5fs 81 resrs- ~ - --------sss strl 80
The House being in committee of the
Whole on the state of the Union, resumed
the consideration of the joint resolution
Is. II. No. 16) for the relief of the destitute
llinthe Southern and South hwestern States. 1t
proposes to empower and direct the Secre-
tary ofaWar to issue supplies of food suf-
-sflcieHt to prevent starvation and extreme
want among all classes of the people in
those Southern and Southwestern States
where failure of the crops and other causes
have. occasi0aed widespread destitutiOn /;
the issues are to be made through the Freed
mem g Bureau under such regulations as
the Secretary of War shall prescribe. One
million dollars is appropriated for the pur-
pose, to be expended under the direction
OF the Comlmfissiqpnpers I'M q p Of the Freedmen's
Mr.. VAN TRUMP said Mr.. Chairman,
hoarsenesS of voice and very sore throat
hadmonish me tfatI ought not to undertake
to address the House on the present occa-
si0n.aI desire to make but few remarks
In explanation, as well as in justification,
Of the vote which propose TO give upon
AGtC JOttlO ICcO1utIOil IlOW VCtOIG bliO I1OdS6S
The resolution itself involves principle of
startling Importance, and should not be
passed upon without due and serious con-
-eideration.ss ssaf .ssi1eu iesss 4iod1 10 esis4e
Two controlling doubts have rested upon
my mind in regard to the proposition cont
tanned in this resolution: first, as to the
constitutional power of Congress to APP
propriate money as simple, naked, and
unqualified charity; and second, as to the
agency through which it is proposed that
this charity snail be administered. Sir, /
look in vain among the provisions of the
for any ex preston or Indication giving
clear and 1ndodbted authority to Con-
-fgfeSs to lay its hands upon a single dollar
of the public treasure except for the 'ordi4
mary and legitimate purposes of Govern
hment. 1t Is a fact not to be overlooked or
disregarded, that none of the recognized
commentators upon our Constitution
Story. RaWle, or Sedgwich-haye alluded
In the remotest degree TO this wholesale and
-indiscriminate power of Congress, as. now
eoughtsto be exercised, to appropriate the
AnloiieV of the peODfe i'm the total absence OF
any mutual valuable consideration moving
from its bsnefieiaries. Il have neither had
the time nor the opportunity, since the in
ailguration of this debate, to look into the
works of these authors; but I challenge
the friends of this resolution, whether on
the Democratic or the Republican side of
from these leading expnuhders of the great
organic instrument OF the Government
which will sustain the power now at
tempted to be exercises in the uncontrolled
disposition of the public treasure. 1t is,
therefore, at least q mOoeed question:, about
which there may exist an honest difference
of opinion, and to the correct solution of
which each member must bring such lights
and such convictions as he may have upon
the subject. Sir, so far as my action is
III fnrixy cr1F1 ~
this resolution even upon the theory zot a
doubtful assumption of constitutional
power. It struck me as somewhat unu-
sual. if not slightly amusing, Mr.. Chair
man,sto see sorae Ofaour friends OH this side
of the House quoting the Thirty-ninth
Congress as an. authority which was not
to be questioned upon point of constitu-
tioDal power. In looking over the list of
laws passed by the last Congress, the very
titles of a large number Oft them do not
impress the mind very strongly with the
belief that the Constitution was much In
the way of any measure or project desired
by the majority in that Congress. admit
that a legislative act, even when brought
to the test of judicial construction, is some
times treated as a species OF quasi adjudi-
cation upon doubtful questions of cons5itu-
tional power and cons raction. But this
principle only applies wnere the question
Is doubtful, aud where there has been a
long and conflicting line of clear and ex-
plicit legislation precedent in favor OF such
construction. There is no recognized rule
of constructive interpretation which can
give this power to the Legislature upon
eahy language useduin the Constitution.
Gentlemen upon this floor have claimed
that we have numerous legislative prece-
dents for such appropriations. This may
be so; but haVe no recollection of single
instance where a money appropriation has
been made for any such parpoSe. a'E
The illusions made to the action OF Con-
gress upon the subject of the Greek revolu-
tiOn and the1 Irish famihe,unless Lam greatly
mistaken in my recollection. do not sustain
the proposition contained in this resolu-
cti0p.s The only proceedings of Congress of
any positive character slndrelati0n to the
struggle of the Greeks to throw off the Mus
sulman yoke in 1926, was embodied in SIM
pie resolutions of sympathy and encOur-
agement, No money was voted; no ma
sterial aid was rendered. During the, ses-
sion of 1926, Mr.. Livingston offered the
following resolution in the House
$. .ResoEued, That the committee of Ways
and Means be instructed to prepare and
bring in bill making an appropriation of
$4,000, to be expended under the direction
of the President, in the purchase and trans
portation of provisions Tor the suffering
Inhabitants of Greece"
The resolution was laid on the table, and
was ne yer afterward taken up. So, too, in
relation to the famine In Ireland few
years ago. My memory is greatly at fault
if Congress appropriated a single dollar in
money or provisions for the relief Of the
Irish people. The tender of public vessel
for the transportation of private donations
did not necessarily involve the money
power of Congress. Nor would a single
or a. few instances of like appropria-
5tion present such a line of kindred and con.
ssecutive precedentas would establish even
a. legislative construction OF the powers OF
the Constitution. If this power. thus
claimed, were not, in effect, new ques-
ton; if it was not practically the first time
in the history of American legislation in
which Congress seriously proposed to eX.
sercise thisydOubttul power over the money
of the people to a large amount; then. ever
as member of that class of legislator
which the honorable gentleman from
Massachusetts (Mr. Butler) so sneeringly
edenominates as /" strict constructionists,'
should with great pleasure record my vot'
in favor of the power thus assumed for 81
noble and praiseworthy an object. But il
stinles like these, so eminently and fearful,
tfevoli tionary in their character-whef
constitutions and the great organic princi
pies of the Government are kicked abou
ike footballs in these Halls of Legislation
Il glory in the character Of rigid and un
bending cODstitutiOnalist. sass
In speaking upon the question of th'
constitutional power of Congress to max
this appropriation. some honorable gentle
men on the Republican side of the Hous
have supposed. that those whOobjectto to thi
power have put it solely upon the groun'
that Congress have no right to legislate TO
the States upon question which solely at
fected the domestic condition of the citizen
of such, States; and they answer, that tn
States lately in rebellion are no longe
States within the Union. but are Territorie
hoI TO the IT0ifnf1F FSfafaQ Sir :