The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-20

SENATOR k%rorstrs OcrAvlrs HcoN
NJ Georgia addressed his colleagues on
June IN and June iS In oppusi'ion Va the
fioupe hi. IN incofporat" Tho Iak" Erie
and Ohio River Ship canal n measure ~
considerable importance ~ tho rraidonta
~ New York and Pennsylvania Mr
BACON did not dispute the commercial
possibilities n tho proposed waterway
or Its probable value 10 manufacturers,
merchants and the public. Great bene-
fts, he admitted, might result from ia
construction. but this. In his opinion, did
not Justify the granting of n Federal
charter 10 n private corporation that
might he organized under the laws Of
the States in which its property was TO
be situated. Mr.. BACON said.
know. Mr. President, that It Is now the vogue
10 look askance At any suggestion TINT there Is any
function which the Federal Government should
not perform. and TO look with still more dl'favor
upon the suggestion that there Is any remaining
function which ought 10 belong TO n state and to
be exercised solely by a state. and upon the cIer-
else OF which the Federal Government should not
intruds. And yet we are here as representatives
Of States. and we OF all ofnclals In the Government
OF the United States ought TO he Jealous that the
functions which do properly belong To a state should
be exercised by a state and no, be usurpcd or excl
elsed by the general Government.
The dual capacity of this Government is Its
most distinctive and is most valuable feature. and
the larger the country grows, the more numerous
the States. the more Important becomes the pres
--.,iz - n 4. 90 ha,amSe uher. tho oepeYai
Government leglslates. It lcglsla,es for the entire
country. and legislation which may suit one part
Of the country does not suit another. and for that
reason, and out Of 1t, grows the great demand and
necessity and importance OF local government for
local affairs. and the great importance that the
Federal Government should confne Itself tn the
functions the necessity for which called 1t into
being.
at Is manifest that there is an increasing ten
dency and practice 10 dcvolve In great degree upon
the Federal Government the functions which have
heretofore been exercised by the States. There
u scarcely a public need but that 10 satisfy II in
some shape recourse Is had to Congressional or
Executive action. Conceding that much OF this
ehcroschment is due to the Increasing business OF
the country and the increasing intimacy OF the
business relations between the people OF the differ
ent states. and cannot be avoided. the fact OF such
tendency in cases which cannot well be resisted
makes 1t all the more important that the legitimate
functions of the States should not be invaded or
infringed upon In cases where no public Interest
requires that Cong ress should do So"
The particular bill which moved Mr..
BACON to this dissertation on the powers
and duties Of the Federal and State Gov
ernments received the active support Of
men entirely di~sinterested and indis-
posed to despoil the individual States of
their powers or to relieve them Of their
duties. Undoubtedly their attitude to-
ward the measure was inspired by the
most admirable motives. Yet Mr.. BACON
was thoroughly justified in opposing it
on the grounds he described, and the
conditions which he mentioned are wor-
thy Of the serious consideration of all
lawmakers.