Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1890-10-15

I pending measure in the spirit which its import
auce demands, we must immediate the spirit OF the
greed-which is generally the life and vitality O.
such biii-upou the altar Of justice aud fair deal
Ing. we must extend the horizon Of our vision
beyond the mere boundaries Of our personal 10
caiity snd interests; we must realize that when
the Government assumes. TO control and regulate
The national rights OF the citizen, that power only
extend, to the point OF promoting the general
welfare and not to the extentof advancing the in
lerests OF increasing the wealth OF segregated
lew "a the community We must consider the
needs Of public service, analyze the estimates
on whicS appropriations are 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 find
our authority in the law OF it, creation.
Mr. President appreciate the fact that con-
stitu,iouai argument against any measure pro
posed is frequently considered by members Oh
this BODY As a useless aud unnecessary conSump-
ton Of tune. but, sir. am not willing 10 yield to
such a criticism in the discharge Of the important
duties OF the ofce 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 1t should be guide as in
law il is the limitation OF our power. prefer to
follow in such case the sound advice Of Cicero
rather than to acquiesce in that sentiment which
seeks TO extend the powers Of the Federal Govern
nent BY disTegarding those limitations which the
wisdom Of the fathers imposed when they created
this governmental structure. He said:
1T is necessary for Senator TO be thoroughly
acquainted with the Constitution; and this is a
knowledge Of the most extensive nature, matter
Of science. OF diligence, Of reflection, without
which no senator can possibly be at for his
Office"
what a contrast. sir. between this ut,erance,
waich has survived its author nearly twenty cen
turtles and that Of the Distinguished Senator from
Kansas. made upon this hooF. that the constiiu-
ton Of the United states means anything which a
majority Of the people want il TO mean.
The sentiment Of the Roman orator and states
man Is worthy OF perpetual remembrance, while
TIA; Of the American Senator merits oTgc,tuiness
and oblivion.
ar. President. shall assume in the discussion
ofths measure that it is the settled policy OF Con
eress .sith the exception Of the revenues derived
from the internal revenue laws aud from the sale
Of public lauds to raise the means necessary to
NEE; the expenditures Of the Government by
NAAro OF AAAih4oA1f A@hA@NA NAt'A~A et'N't~---'
lerred 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
iccJ taxes. duties, imposts, and excuses; to pay
the debts and provide ;or the common defense
and general welfare or the United States; but all
duties iaposis, and excuses shall be uniform
throughout the United states"
To comprehend fully the scope of the eighth
section &, Is proper TO refer 10 the seventh section
Of the s,ine article. which provides that
"Al bills for raising revenue shall originate in
the House Of Representative, but the senate may
propose or CONCUR with amendments, as on other
bills"
These sections must be construed together 10 en-
able us 10 northumberland the purpose aud in
tentiou and the elimination upon the power granted
20 Congress under the eighth section OF the first
article. When the seventh section is read in con.
uectioa with the eighth we and that the trainers
Of The Constitution have placed two limitations
upon the exercise OF this grant Of power: First, II
limits the right to originate such bills 10 the pop
uiar branch Of Congress, which, by reason OF
biennial elections provided for in the Constitution,
make, It's membership more directly and immedi-
ateiy responsible 70 the people than the Senate Is;
and secondly u specifically defines the object for
which the expressed power may be exercised, and
limit. IL 20 bills the oblect aud purpose Of which
is the raising of revenue. As the Federal Govern
meutisa government Of limited powers, exercis-
iug such only as are expressly granted. incident
10. or necessarily implied from those expressed
we cauuot. as in other forms o. COVER nmeut. seek
authority Tor given act of Congress by referring
10 ale inherent powers that usually reside in all
Governments but mus; trace our authority to the
express grant or satisfactorily show that The power
sought 10 Be exercised Is necessarily implied from
that expressed.
Thi, limitation. found in the seventh section. in
fact declares nothing more than the general com
mon-iaw principle which is universal in its apph
cation under az forms OF constitutional govern
msnt Is meaning j. that the granted powers Of
taxation shan be exercised for public purposes in
promoting the general welfare, and shall not Be
employed with a view Of advancing private inter.
es,s
Mr. President this construction Of The Consti
tuition is strengthened. whea we remember the
limitation imposed BY the deh amendment to that
instrument upon the right OF the Government in
exercising its sovereign right Of eminent domain
which Limitation IS the expression Of The common.
law principles and made part Of the organic Law
o. the country. II provides
''Nor shall private property be taken FOR public
use without just compensation"
This fundamental declaration, contained in the
bill OF rights of Amos, every State IN this Union
as restric;iou upon the inherent right Of Gov
-rn,nent conciusiveiy shows That when these
great principles Of the limitation upon The arbi-
,rary power OF absolute government; were formu-
lated and a, time when constitutional govern
msnts originated. the thought had never been
conceived 5y those who then guided and controlled
The deslinies OF nations that there existed either
an inherento or other governmental power by which
private property couid be taken for private use.
Consequently. We aud that the only limitation
upon the exercise Of this sovereign attribute Is.
that Just compensation shall be paid when private
property IS taken for public use. As result. sir.
OF this construction. if there exists such power
in this Government or that Of any Of the States.
to take private property foF private use, We have