Morning journal and courier., 1884-03-18
Forty. Eighth COngress---First Session.
WASHINGTON, March L


SENArE.-After the morning hour the Sen
ate took up the bill appropriating $4,000 for
the suppression of the foot and mouth dis.
esFe in Kansas. Mr.. Bayard spoke at
length against the resolution on constitu-
tional grounds. He said this was the first
time in the history of legislative precedent
that it had been proposed to commit powers
invested in the States to agencies of the gen
eral government. This was dangerous step
and fraught with enormous responsibilities.
When the proper time came he would offer
an amendment which embodied his views as
to how far Congress should go in assuming
care over the hocks and herds of the differ
emit States This amendment confined the
appropriation to obtaining and disseminating
information in relation to the treatment,
cure and prevention of the foot and mouth
disease. THE Senator from Kansas" said
MIR. Bayard, ''stated on Friday that the
doctrine of State rights is moribund and will
eventually be buried He asked what
power a majority of Congress cannot exercise
under the constitution according to the
recent decision of the Supreme court in the
legal tender case. 81 do not know that it is
the duty of any Senator to answer political
conundrums, but I will say that if the
Senator q construction of that decision is right
it is not merely the lesson of a case, but a
revolutionary proclamation that completely
ends the government of the United States as
it has been defined by every
man who has undertaken to write
or speak or vote in relation to
it's power. 1 am not prepared to express an
opinion on a decision of SO distinguished q
tribunal. According to every theory of con-
struction there was always the fundamental
concession that the residuum of power not
expressed in the constitution was reserved to
and belonged not to the government of the
United States, but to the States and the
people of the States. When that rule is de-
parted from the true government of this
country has been abandoned by those who
owed it at all times their allegiance, their
obedience and their steady support.
If this be, as pray God it may be,
an indissolubie Union of indestruc-
tible States, then the plain and manifest prin-
ciple must be applied and the test put to ev-
cry law proposed to Congress, is it granted
expressly or by necessary implication by the
constitution? For if it be not, then it is re-
served to the States and Congress cannot as
sumo it.
Mr.. Pendleton also discussed at much
length the doctrine of State rights, following
the same line of argument as that of Mr..
Bsyard.
Mr.. Cullom said if Congress had the pow
er to pass this resolution it also
had the power to pass the general
bill regarding pIeuro- pneumonia. Under the
provisions of the constitution relating to the
regulation and welfare of commerce they
were justified in going as far as the exigen-
cies of the time demand in trying to eradi-
| cate infectious diseases tending to lessen the
food supply and destroy millions of dollars
worth of property. He deprecated chair
| splitting on constitutional problems while
| the property of the country was going to de-
struction. The more they haggled over it,
the more expensive would the eradication
of the disease become.
The debate was continued by Messrs.
Garland, Hawley, Plumb and Harris.
motion to Indefinitely postpone was re-.
jected; Is yeas, 80 nays.
Mr.. Sherman urged the withdrawal of the
resolution on the ground that it was made
quate and impracticable. It would be much
better TO take up the pleuro -pneumonia bill
than to waste further time on this reso-
luton.
Mr.. Plumb would not withdraw it rs i'm
mediate measures should be taken. The
resolution was amended SO as to appropriate
$50, 900 TO be expended under the direction
of the commissioner of agriculture in CO.
operation with the proper authorities in
Graduating the foot and mouth disease and
preventing its further spread The government
is not made to be responsible for any act of
the commissioner beyond the amount ap-
propriRted. The resolution was then passed,
% yeas. IA nays, and the Senate at sos m
ad journed.