West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1890-09-11
Senator Charles ]. Faulkner, of
West Virginia,
ON ITS RELATION TO AGRICULTURE,
LABOR AND MANUFACTURES.


pending measure Ia the spirit which its import
ance demands,we must immediate the spirit of the
greed-which is generally the life and vitality of
such bill-upon the altar ofjustice and fair deal
ing; we must extend the horizon OF our vision
beyond the mere boundaries of our personal To-
| caliiy and interests: we must realize that when
The Government assumes TO control and regulate
The national rights of the citizen, that power only
extends TO the point of promoting the general
welfare and not to the extent Of advancing the In
| ierests OF increasing the wealth Of segregated
lew in the community. We must consider the
needs OF public service, anaiyze the estimates
on whieh appropriations asked and limit the
| expenditures to the needs of the Government
economically administered, and in the extent of
the exercise of this Federal power we must 6ud
our authority in the law of its creation.
| Mr.. President appreciate the fact that a con-
sututional argument against any MEASURE pro
posed Is frequently considered by members of
this body as a useless and unnecessary consutnp-
ton Of time; but, sir. am not willing to yield to
such criticism in the discharge of the important
duties OF the office which have the honor to hold
The Constitution Is our chart and in reference to
every measure which Is brought before Congress
for its consideration it should be our guide as in
law 1t Is the limitation OF our power. prefer to
follow In such a case the sound advice Of Cicero
rather than TO acquiesce in that sentiment which
seeks to extend the powers OF the Federal Govern
ment by disregarding those limitations which the
wisdom OF the fathers imposed when they created
this governmental structure. He said:
1T is necessary for Senator to he thoroughly
acquainted with the Constitution; aud this Is a
knowledge ofthe most extensive nature, a matter
OF science. of diligence. OF reflection, without
which no Senator can possibly be fit for his
Office"
What contrast, sir, between this utterance,
which has survived its author nearly twenty cen
turtles, and that of the distinguished Senator from
Kansas. made upon this floor. that the Constitu-
ton OF the United States means anything which a
majority Of the people want it to mean.
The sentiment of the Roman orator aud states.
man is worthy of perpetual remembrance, while
that ofthe American Senator merits iorgetfuiness
and oblivion.
Mr.. President, I shall assume in the discussion
of this measure that 1t is the settled policy OF Con.
gress with the exception of the revenues derived
from the internal revenue laws and from the sale
OF public lsnds) to raise the means necessary to
meet the expenditures Of the Government by
duties or imposts. levied under authority con-
ierred by the first clause Of the eighth section Of
the first article OF the Constitution, that
The Congress shall have power to lay and col
ieet taxes, duties, imposts, aud excuses; to pay
the debts and provide for the common defense
and general welfare Of the United states; but all
duties imposts, and excuses shall be uniform
throughout the United States"
To comprehend fully the scope Of the eighth
section It is proper refer to the seventh section
OF the same article, which provides that
All bills for raising revenue shall originate In
the House of Representatives but the senate may
propose or concur with amendments, as on other
bills"
These sections must be construed together To en-
able us to clesriy.understand the purpose and In
tentiou and the Limitation upon the power granted
to Congress under the eighth section Of the 6rst
article. When the seventh section Is read In CON
nection with the eighth find that the trainers
Of the Constitution have placed two iu,ita,ions
Upon the exercise Of this grant Of power: First il
limits the right 10 originate such bills to the Don
uisr branch OF Congress. which, by reason OF
biennial elections provided for In the Constitution
makes its membership more directly and immedi.
ntely responsible to the people than the Senate IL.
and, secondly, II specifically defines the object for
which the expressed power may be exercised snd
limits II to bills the object aud purpose Of which
Is the raising Of revenue AS the Federal Govern
ment ssa government Of limited powers, exercis
ing such only as are expressly granted incident
to, or necessarily implied from those expressed
we cannot, as In other forms Of Cover uient seek
authority for given act Of Congress by referring
to the inherent powers that usually reside In All
governments. but must trace our authority 10 the
express grant or satisfactorily show that the power
sought TO be exercised 81 necessarily implied from,
that expressed.
This Limitation, found In the seventh section IN
TACT, declares nothing more than The general com
monlaw principle which is universal in it, spg,i
cation uneer al forms Of constitutional govern.
ment. It's meaning Is that the granted powers Of
taxation shah be exercised for public purposes in
{ IrnF ~ fug
employed with e view Of advancing private Inter
csis.
Mr. President this construction Of The co,s,i
tuition is strengthened. wien we remember the
limitation imposed BY the hhh amendment 10 that
instrument upon the right Of The Government Il,
exercising its sovereign right Of eminent domai.
which Limitation j. the expression Of the eor,,n,,
law principles and made part Of the orgapie teo,
Of tne country 10 provides
Nor shall private property be taken Tor pubiie
nse without just compensation"
This fundamental declaration. contained In the
BIN Of rights oi aimost every State iu this Union
ss Restriction upon The inherent riabt OF co.
eminent ccnciusivsly shows lhst when tho.e
greai principles Of the limitation eooo The 49,.
trafy power Of abso'ute government were c,r,,,,.
lfted and ~ p time whcn c1us,its.ionai g,yer,
ments originated. the thought had never bee,
conceived ~ those who then guided aud contracted
ihe destinies Of nations that there existed cine.
81 inhert ntor other governmental power by ,se,,
private property could be- taken Tor Dfi,ste ~.
G frequently. we End that the onlv INITIATE,
F anon ihc exercise Of this sogereian stribrfe 4.
ihat jesi compensation shall bc paid when priyst.
Pop'iJ is taken ior public usc As result cir.
(" tha construction " there exists sach a osyger
I ih i"is @orernment, or THAT ~ any of TIE stsfes
70 tsNe psiva.- pfo3eriy iof private use. We have