The record-union., 1895-01-08
spec,al to the REcoRp-UNroN.


WASHINGTON, Jan. Tn the absence
from the city of the Vice-President and
President pro tenn, Ransom was chosen
President pro tenn. to-day. The oath OF
office was administered by the venerable
Senator Morrill,.
Ransom briefly thanked the Senate for
its expression of confidence. 1t was due
to himself to say that on the return of the
distinguished Senator from Tennessee
(Harris), who had been elected President
pro tem., he should ask to be relieved
from the position.
The presiding officer then called Man
derson to the chair and resolution was
adopted authorizing the Secretary OF the
Senate to inform the President OF the
United States and the House of Repre-
sentatives of its action regarding the cleo
tion of a presiding officer.
George and Butler opposed Lodges res
Olution calling on the Secretary OF the
Navy for Information why the United
States warships had been withdrawn
from Hawaii.
PETER then made speech on the service
pension bill, after which the Senate pro-
Ceeded to the consideration OF the Mica
ragua Canal bill. Mitchell of Oregon ad-
dressed the Senate.
Mitchell summed up the objections of
Turpie to the canal and then answered
each in turn. He first took up the point
made by Senator Turpie that the bill was
unconstitutional, and made strong ar
gument. He said:
''Since the early history of the Govern
ment, in the absence OF other arguments,
the uncOnStituuOnality OF a measure has
been the shibboleth invoked by those
who desire its defeat. | shall not as
sumo, however, that such is the sole pur-
pose in this instance, but that this oOjec-
JiOn Is urged in good faith by the distln-
guished Senator from Indiana, and Is de-
serving OF notice and answer.
wv hateVer may be the constitutional
power Of the Government TO guarantee
the payment OF the principal or interest
or both obligations Of a purely private
corporation, it is clear such is not the
proposition now before the Senate. The
Senator from Indiana is in error in as
Stunning that such Is the proposition. He
is wrong in both the assumption of the
fact and the logic in likening it to prop
ositiOn to guarantee the obligation OF one
OF the States OF the Union. While i'll one
sense the Maritime Canal Company of
Nicaragua is mere private corporation,
holding its charter from the Congress OF
the United States, 1t is quite different i'll
the aspect in which 1t Is presented III the
pending bill. Endowed with the func-
lions with which this measure clothes il,
and being the c6StlJl que trust OF lmpor-
tant Government rights and franchises,
IN virtue of invaluable subventions from
two foreign republics, 1t Is at once trans
formed from mere private corporation,
mere person, into a medium through
and 10y which these great sovereign pow
erS exercise certain public functions
ana perform certain grand govern
mental purposes. 1t is no longer the
mere depository OF certain individual
rights and interests; no longer the mere
trustee or agent of private property and
Individual personal rights; but the neceS-
sary, and properly, depository OF lmpor-
tant governmental rights and interests,
the selected and appropriate instrument
aiity through and by which the Govern
ment exercises certain important public
functions. the grand purposes of which
Is to provide Tor the common defense,
promote the general welfare and regulate
commerce with foreign nations and
among the several States
$50 far, then, from this being propo-
sition to guarantee the payment OF bonds
OF private corporation, as suggested by
the Senator from Indiana, aud thus pro-
mote mere private or personal ends, it is
u proposition to guarantee the bonds of a
great public corporation Intended to ad-
vance, not only great national but inlpor-
tant international interests.
by the specific provisions of this bill
it is not likely that exceeding per cent.
OF the stock will ever be held by private
.
can ever by any possibility be so held,
while 20 Der cent. will be held by the
United States, per cent by Nicaragua,
i per cent. by Costa Rica and I5I by the
Maritime Canal Company. OF this latter
amount, OF course, the United States,
Nicaragua and Costa Rica will own and
control 715 per cent.
THE constitutional question presented
therefore, is not whether the Government
has power TO guarantee the payment of
.t.lT 4T.,rN gsgNt
or corporation, but whether il has the
constitutional capacity to do that W hic h
al must concede tends directly. and in an
unmeasurable degree, to promote COM
merce, which is included in the power 10
regulate commerce, not only with foreign
nations, but among the several States
and which tends, moreover, as will the
construction OF the Nicaragua Canal tC
add incomparably to our national pro-
vision for the common defense and the
promotion of the general welfare.
viii it be said that there is no consti-
tutional power in Congress to do this?
The distinguished Senator, while couced-
ing there is inhibition in the Constitution
against il, insists very properly the ma
terial questions should be: Is there any
thing in the instrument allowing, permit
ting or authorizing i2 And then assum-
ing there is not, he triump hantly declares
the silence of the Constitution is as OBJ
lieatory as its utterances.
The Senator neg lGCtSu 10 IDbuJlOn IDC
fact that there are many incidental grants
of mower in the Constitution which are
as operative, forceful and binding as are
those that are granted in express terms.
The Constitution, fortunately Tor the
present and future prosperity. the power
The grandeur and glory OF this country,
is not silent upon the subject OF the regu-
lation of commerce with foreign nations
and among the several States, nor is il
silent upon the general subject OF pro.
vision for the common delehse ana Tie
promotion OF the general welfare.
The Constitution Is and always was
silent in express terms upon the supJecl
of the acquisition of foreign territory. ii
is silent and always was so IN express
terms as to the right to purchase fiorlda
from Spain, Louisiana nom france, ano
an empire each from Mexico and Russia
but not being silent upon the great fund-
amental questions OF common defense
and the general welfare and the regnla-
tion OF commerce, III which are INCLUDED
and comprehended all those necessary
incidental powers, i'll the apSence o
which our Government would be
feeble, hobOlng dependent contederacy
instead OF grand, independent progress
sive nation.
I'VE have moved onward unIor dlIer-
snt and divers administrations, anG have
ecqulred these Immense territories, thus
demonstrating the wisdom OF the fdnda-