San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1895-01-07
SENATOR MITCHELL ANSWERS TUR-
PIE OF INDIANA.
SHOWS THAT THERE ARE NO CON-
STITUTI0NAL BARRIERS IN THE
WAY OF GOVERNMENT AID
TO THAT WORK.
A Recapitulation of Other Matters
Not Expressly Granted in the
Constitution, and Some Fig
ures Showing What Great
Benefits the Canal
Would Confer.

WASHINGTON, ID. C., Jan. 4.-Mr
Mitchell, summed up the objections oil
Mr.. Turpie, to the canal and then an.
swered each in turn.
He first took up the point made by Sen
ator Turpie that the bill was unconstitu-
tional, and made a strong argument. He
said: "Since the early history of the gov.
eminent, in the absence of other argu-
mentS, the unconstitutional idea of a
measure has been the shibOleth evoked
by those who desire its defeat. | shall
not assume, however, that such is the
sole purpose In this instance. but that this
objection is urged i'm good faith by the
distinguished Senator from Indiana, and
is deserving of notice and answer. What
ever may be the constitutional power
of the government to guarantee the pay
ment of the principal, or interest, or both,
of the obligations of a purely private cor
poration, it is clear such is not the propO
sition now before the senate The Sena
tor from Indiana is in error in assuming
that such is the proposition. He is wrong
in both the assumption OF the fact and liz
his logic in liking 1t to proposition u
guarantee the obligation of one of the
states of the Union While in one sense
the Maritime Canal company OF Nicara
qua is mere private corporation. hold
INK Us ON II CHdI ttI lIOIl lue NOuH t>S VI
the United States. IL is in quite different
aspect that it is presented in the pending
bill. Endowed with the functions which
this measure clothes it ami being the ceSt
in que trust OF important governmental
rights and franchises, in virtue of inval-
liable subventiOnS from two foreign re-
publicS, it Is at once transformed from a
mere private corporation, mere person,
into a medium through and by which
certain public functions and perform GER
tain great governmental purposes.
IL is no longer the mere depository OF
certain individual rights and interests:
is no longer the mere trustee or agent of
private property and individual rights,
but the necessary and proper depository
OF important governmental rights and in
tereStS. the selected and appropriate IN
strumentality through and by which the
government exercises certain important
public functions, the grand purpose of
which is to provide for the common de-
tense, promote the general welfare and
regulate commerce with foreign nations
and among the several states.
So far then from this being PROPOSE
ton TO guarantee the payment OF bonds
Of a private corporation, as suggested by
the Senator from Indiana, and thus pro-
mote mere private or popular interest, it
is proposition to guarantee the bonds of
a great public corporation, intended TO
advance what are not only great natiOoal
but important international interests.
BY the specific provision of this bill, it
is not likely that exceeding seven per cent
of the stock will ever be held by private
persons, and not exceeding 22H per cent
can ever by any possibility be so held.
while 20 per cent will be held by the
United States. per cent by Nicaragua.
IL per cent by Costa Rica, and 49, per
cent by the Maritime Canal company. OF
this whole amount, Of course. the United
States, Nicaragua and Costa Rca vii.
own and control ~ per cent.
The constitutional question presented.
therefore, is not whether the government
has power 10 guarantee the payment OF
the obligations OF a private person. firm
or corporation, but whether in the ample
pentitude Of its power it has the cOnsti-
JutiOnal capacity TO do that which all
must c)ncede tends directly and in an I'M
measurable degree TO promote commerce.
which Is Included in the power TO regulate
commerce, not only with foreign nations.
hut among the several states. and which
tends moreover as will the construction OF
the Nicaragua Canal, TO add incompara-
bly, to our national provisions for the com
mon defense and the promotion OF the
general welfare.
Will 1t be sedituously contended that
there is no constitutional power in con-
greSS TO do this? The distinguished Sena-
tor, while conceding there is no inhibition
in the constitution against 1t, insists very
properly that the material question should
be: Is there anything in the instrument
allowing, permitting or authorizing it?
And then assuming there is not, he tri-
umphantiy declares the silence of the
constitutions as obligatory as its utter
ances. The Senator neglected to mention
the TACT that there are many Incidental
grants OF power in the constitution which
are as operative, forceful and binding as
are those that are granted in express
terms.
The constitution fortunately for the
present and future prosperity, the power.
the grandeur and glory OF this country,
is not silent upon the subject of the regu-
laJlng Of commerce with foreign nations
and among the several states. nor is it ST.
lent upon the general subject of proviS-
Ion Tor the common defense and the pro-
motion of the general welfare. The con-
stitutiOn is and always was silent in
express terms upon the subject of the
requisitiOn OF foreign territory. 1t is ST.
lent and always was so in express terms
as TO our right to purchase Florida from
Spain; Louisiana from France, and an
empire each from Mexico and Russia:
but yet, not being silent upon the great
fundam entail questions OF common de.
Tense, and general welfare and the regu.
lation of commerce, in which are includ
ed and comprehended all those necessary
inciden tai powers and in the absence Of
which our government would be feeble
hobbli ng, dependent confederacy. instead
of grand, Independent, progressive ma
ton.
We have moved onward under differ
nee and diverse administrations and have
N ,quired those immense territories, thu
demonstrating the Wisdom of the fnnha.