The morning call., 1895-01-08
POWERS UNDER THE CONSTITUTION.
It Is Urged That the Government Has
a Perfect Right to Guarantee
the Bonds.

bill, occupied most of the time of the session.
Lodges resolution regarding the withdrawal
OF American ships from Hawaii was taken up
but was laid aside until tomorrow, when it will
be further debated.
Ransom of North Carolina was elected Prest-
dent pro lem. of the Senate, to act in the alb
sence Of Vice President Stevenson aud Senator
Harris.
Blackburn presented the credentials Of Hon.
William Lindsay, elected for lOng-term Senator
from Kentucky.
A motion was adopted insisting upon the
Senate amendment 10 the Military Academy
appropriation bill, and the chair appointed
Brice, Call and Teller conferees on the part OF
the Senate.
Berry OF Arkansas, from the Committee on
Public Lands re orted an amendm ut to the
House bill 10 permit the use of the right OF way
through the public lands to trsmroads, canals
and reservoirs
Lodge OF Massachusetts moved that The SEN
ate proceed to The consideration of his resolu.
tion calling on the Secretary of the Navy for
information why United States ships had BEEN
Withdrawn from the Hawaiian Islands. It was
carTied-33 10 u.
PETER then submitted his remarks on the
service pension bill
Mitchell Of Oregon addressed the Senate on
the Nicaragua bill. he summed up the obiec-
tions OF Iurpie TO the canal and answered each
in turn. He first took up the point made by
Senator Turpie that the bill was unconstiru-
tlonal, and made strong argument. He said:
'Snce the early history of the Government
In the absence OF other arguments. the uncon-
stitutionalily OF a M asure has been the shlb-
bOleth invoked BY those who desire It's defeat.
shall not assume, however, that such is the
sole purpose 10 this instance, but that this OBJ
lection is urged in good faith by the distin-
guished Senator from Indiana, aud is deserving
of notice and answer. Whatever may be the
constitutional power OF the Government TO
guarantee the payment OF the principal or in-
terest or Of both obligations of purely private
corporation, it is clear such is not the prOposi-
tion now before lie Senate. The Senator from
Indiana is in error 10 assuming that such is the
proposition. He Is wrong In both the assump-
tlOn OF the fact and the logic 10 likenlng it TO
proposition TO guarantee the obligation Of one
of the States of the Union. Willie 10 one sense
the Maritime Canal Company of Nicaragua is
mere private corporation, holding It's charter
from The Congress of the United States. it is
quite different in the aspect in which It is pre-
sentFd In the pending bill.
Endowed with the functions with which
this measure clothes 1t, and being the cestui
que trust OF ImpOi tant Government rights and
franchises. in virtue of invaluable subvenfons
from two foreign republics. 1t is once trans
formed from mere private corporation. mere
person, into a medium through and by which
these great sovereign powers exercise certain
public functions and perform certain grand
governmental purposes. II is no longer the
mere depository of certain Individual rights
and interests; no longer Tie mere trustee or
agent of private property aud individual per-
sonal rights; but The necessary, and properly,
depository OF important governmental rights
and interests, the selected and appropriate in
strumality through and by which the Govern.
ment exercises certain important public func-
lions, the grand purposes Of which are to provide
for the common defense, promote the general
welfare and regulate commerce with foreign
nations and among the several States.
$50 far, then, from this being a proposition
to guarantee the payment of bonds Of Il private
corporation, as suggested by the Senator from
Indiana and thus promote mere private or per-
sonal ends. 1t is proposition to guarantee the
bonds OF a great public corporation intended
to advance not only great national but impor-
tant international interests.
"By The specific provisions OF this bill IL IL
not likely that exceeding per cent OF the
stock will ever be held by private persons and
not exceeding 221a per cent can ever by any
possibility be 50 held. while 70 per cent will be
held by the United States, per cent by Mica
ragua, az per cent by Costa Rica nd 1914 by
the Maritime Canal Company. OF this latter
amount. of course. he United States Nicaragua
and Costa Rica will own and control TIA Der
cent.
'The constitutional question presented, there
FORE is not whe tner the Government has power
to guarantee The payment Of the obligations OF
private person. firm or corporation, but
whether in the ample plenitude Of its power it
has the constitutional capacity to do that which
all must concede tends directly and In an I'M
measurable drgree 10 promote commerce,
which is included in the power TO regulate COM
merce, not only with foreign nations but among
the several States. and which tends, moreover,
as will the construction Of the Nicaragua canal
to add ineomparably to our national provision
for the common defense and the promotion Of
the general welfare. VIII 1t be said th there
Is no constitutional power in Congr IS TO do
this? The distinguished Senator while con-
cedng there Is inhibition 10 the constitution
against il, insists very properly that the ma
terial question should be-Is there anything in
the instrument allowing, permitting or author
Izipg itP And then assuming there is not, ne
Iriumphantly declares that the silenc OF the
constitution is as obligatory as its utterances.
1.-The Senator neglected to mention the fact
that there are MANY incidental grants OF power
ia the constitution which are as operative
forceful and binding rs are those that are
granted In express terms. The constitution,
fortunately for the present and future pros
perity the power the grandeur and glory OF
this country, is not silent upon ths subject of
the regulation of commerce with foreign ma
lions and among the several States, nor is it
silent upon the general subject of provision
for the common defense and the promotion OF
the general welfare
tine constitution is and always was silent in
express terms upon the subject OF the acqusi.
ton OF foreign territory. Its silent and always
was so In express terms as 10 the right TO pur-
chase Florida from Spain, Louisiana from
France and an empire each from Mexico and
Russia, but is not silent upon the great funda.
mental questions OF common defense and the
general welfare and the regulation OF COM
merce, in which are included and compre-
hended all those necessary incidental powers
ia the absence OF which our Government would
be feeble hobbling dependent confederacy
Instead of a grand Independent progressive
nation.
ave have moved onward under different,
and divers administrations, aud have acquired
these immense territories, thus demonstrating
the wisdom of tn, fundamental law given us
by the fathers, as also our Independence and
supremacy among the nations In the face OF
these or nd achievements which have receiv d
the Endorsement of generations, past and
present, and which have added so immeasur-