New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-28
NEW ORLEANS REPUBLICAN, THURSDAY, DECEMBER 49, 1871

learned commission was appointed to in
vestigate and report upon it. That in
r vestigatiOn was the work of years, ant
combined arduOus and persistent labOrl
with the highest scientific attainment ant
greatest scope of mind. No subject Of {
} similar character has ever been SO ex
, haustively considered in this country. The
/ report has been published by the govern
, ment, and has become a textbook for en-
} gineers and men of science. The subject o.
: levees is there presented philosophically
and practically. and every other plan il
exploded and all objections to this annihi
lated. The practices under similar condi
ought to put an end to cavil and remove
every doubt. The finale of the whole mat
ter is thus stated:
The preceding discussion of the different
plans of protection has been so elaborate
and the conclusions adopted have been SC
well established, that little remains to he
said under the head of recommendations
1t has been demonstrated that no advantage
can be derived either from diverting tribu
taries or constructing reservoirs. and that
the plan of cut offs and Of new and enlarged
outlets to the guilt are too costly and too
dangerous to be attempted. The plan OF
levees on the contrary, which has always
recommended itself by its simplicity and
direct repayment of investment may be re-
|
lands liable to inundation below Cape Cir
ardeau. The works, it is true, will be ex-
tensive and costly. and will exact more
unity of action than has thus far been at
tanned The recent legislation of Mssis-
sippi in organizing judicious State system
OF operations, however, shows that the ne
| cessity Of more concert is beginning to be
understood. When each Of the other States
adopts a similar plan, and all unite in
general system OF protection of each part,
the alluvial valley Of the Mississippi may
be protected against inundatiOn.'
| Ii any doubt exists upon this point |
commend him in whose mind such doubt
rests to a thorough study Of the report of
General Humphreys upon the physics and
upon the protection Of the aluvial region
from overflow" 1t will be seen from the
report that levees are not only practical
and necessary, but that concert Of action is
requisite to make protection a certainty.
Diminishing this point l shall address
myself to. the question OF constitutional
power to eAact this bill. Upon this branch
anticipate ali the technical and captious
objections that may be urged. 1t has
grown to be habit, if not disease. of
some minds to meet a legislative measure
with the stunning objection Of unconstitu-
tionality. 1t matters little whether the
measure be to enlarge the liberties or anne
h"rate the condition Of the people, the
same opposition is interpOsed Sometimes
l have thought that it was really fact that
the fathers made the constitution with the
sole view OF seeing how completely power
could be denied to the people to do good to
themselves, and how much they could out
do the crOtchety lawyers who created that
system of practice which made a frivolous
technically more potent than Justice in the
decision OF a cause.
1t is curious how this sacred document |
has been made to assume forms and shapes |
to suit the whims or interests of individuals |
and of localities. When human rights were |
to be stricken down, and slavery secured ,
and expanded. the constitution contained
ample provisions to accomplish these ends
When the Union pleaded for preservation.
the ensiaved appealed for relief, and the
whole people sought enfranchisement and
this blessed old document.
which was ordained Ito form Il more per-
feet union. establish justice, insure domes-
tic tranquility. provide for the common de-
Tense, promote the general welfare and Sc
cure the blessings OF liberty" suddenly be-
came shriveled and juiceless, and to the
minds of some was found to be wholly
without a grant of authority to aid or per-
nit the attainment of any of these benign
results. So nov. after the nation has lived
and prospered through efforts to achieve
these great works and when it is proposed
TO reclaim its valuable lands. increase pro-
inction. and enlarge and cheaper the means
IF transportation and intercommunicaIio ion,
Jr whatever good is sought to be done by
he government. there are men who find |
he constitution as barren of power as the
leart OF >hylock was destitutSa of humanity.
The government. however, of late years
las not been deferred in its efforts to en-
drge the liberties or ameliorate the con |
!ition of the people. 1t has improved rivers
md ba! borS and performed other acts lor
he encouragement and safety of commerce. ;
orei gn and domestic. 1t has chartered and
ubsldlzed railroad companies to open no
lew countries and to encourage the settle
lcnt and cultivation of the vacant lands.
he principle that Congress NAV charter
onpanies is too we'll established to be over 3
urned. This may and ought to he done ,
'heneyer the object to be accomplished will I
edound to the common welfare, and es- c
eclally VIXEN it does not encroach upon the c
of the States. The bill has a
cen carefully drawn SO as not to be OBJ s
,ctlOnabie III this respect. 1t will he noticed e
nat 1t fully recognizes State authority and Il
tate laws III all respects, and any connec- 5
on OF the States with the project must be s
holly voluntary. I
| have at all times anticipated opposition u
} this or any similar proposition. not only il
pom constitutional sgrounds, but upon "
rounds of economy. Happily the consti- t
ltlonal question IS not new one. The Il
over to eXpend the public money for
lch purpose was discussed and definitely h
titled in the early period of our history y
parallel cases. President Madison recon- -
ended that roads and canals be built by =,
ongress. And while he expressed no l.
Dubt of his own as to his authority to r.
} this, he suggested that if there were any g
no did, the difficulty might be obviated by Il
j amendment to the constitution in the h
amer therein pointed out. President 6,
'hn Quincy Adams recommended the ~
me thing, but with more liber;,lity as to h.
e subjects embraced, and affirmed the n,
nstitutionality of such action in an argu- II
ent bret Ill words, but comprehensive in ",
ope and convincing in effect. 8,
President Monroe, in al early annual r.
essage, took grounds against the plan of q,
ternal improvements recommended by his fr
edecessor for the reason that in his opin- q,
q the constitution did not contain the re- h.
uslte grant of power. subsequently, how
er, III special message to Congress, de- hf
ted to this subject alone. he deliberately IN
the question of constitutional au- ar
GRITTY. in which he reviewed every part of m
at instrument from which anybody had m
ilmed the power was derived He be- en-
aged to tue school of strict construction mr.
:, and must have adopted the conclusions | 70
nounced IN that message with great re- IA
'tance. The power to appropriate money ca
IN the public treasury for works Of inter h,
improvement he found to exist in the 49,
use which SAYS: ~
The Congress shall have power TO Law ~
collect taxes, duties, lmpOsts and eX- m,
es. to pay the debts and provide for the fo,
nmon defense and general welfare hr
what seems SO clear in those 10,