Abridgment of the Debates of Congress, from 1789 to 1856.

534 ABRIDGMENT OF THE SENATE.] Executive Powers. [APRmL, 1826. fictitious value to it, which for many years He was followed by Mr. LLOYD, in opposition cannot be realized, without the aid of the to the resolution. General Government in constructing the canal. Mr. TAZEWELL said the question for the conIt would have insured the sale of the lands con- sideration of the Senate is, whether the Constitignous, and have created new difficulties for tution of the United States confers upon the the State whensoever she might determine to President that power, which in his message of engage in the work. The State of Indiana will the 26th of December last, to this body, he asnot authorize the survey at her own expense, serts to be within his exclusive " constitutional unless she has your aid in this, or some other competency." form, to enable her to progress with the I concur, entirely, said Mr. T. with the Senwork. ator from Maryland, (Mr. CHAMBERs,) in the There can be but one route for this canal. opinion which he has expressed, that it is necesIt must follow the stream from the western sary to understand distinctly, in the first intermination of the portage. It must keep the stance, what is the true nature and precise extent valley of the Wabash. This portage con- of the power the President has so asserted, before nects the river St. Mary's three miles above its we can properly decide whether this power be junction with the St. Joseph's, with the waters within his "constitutional competency " or not. of the Wabash. It is less than seven miles But I differ very widely from that Senator as between the points, and so low is tile summit to the correctness of the rule to which he relevel, that small water craft has frequently, in fers, for the purpose of learning what the true times of high water, passed from the one to the nature and precise extent of his power is. other. It is believed that a feeder of a few According to all received opinions upon the miles in length from the St. Joseph's will sup- subject of interpretation, which have ever come ply this summit with any quantity of water, or under my observation, the meaning of language that the St. Mary's may be used for this pur- is to be sought for, first, in the obvious signifipose, by damming it in the vicinity of Fort cation of the word used. If this be certain, the Wayne. The fact, however, that the waters of intention of him who used them is fixed and dethe east and the west mingle at that point, termined, but if doubt still remains, this doubt proves the summit level to be very inconsider- must be removed, by a reference to their conable. As to the length of this canal, opinions text. And if certainty is not there found, then are somewhat different. Some opinions say resort must be had to other words used contemthat a cut across this summit level will be poraneously by the same author, in reference to sufficient; others, that the cut must be extend- the same, or even similar subjects. It is by ed to the Little Wabash, a distance of twenty- these rules the President must judge of the five miles; and others, that it must be extend- meaning of our language, used in bills sent to ed still further. The lowest point named is him for his approbation; and by the same the mouth of Tippecanoe River. This is believ- rules, therefore, we must judge of the meaning ed to be distant from Fort Wayne about one of his language, used in messages sent by him hundred miles. My own opinion is, that the to this body. canal should terminate below the mouth of the Tried by any of these well-approved standMississinaway, and this would require a cut of areds, the true nature and precise extent of the perhaps fifty miles. Its length, however, is not power asserted by the President upon this ocso great a consideration. It is a matter of prin- casion, is clear and confessed. The " measure " ciple. Will you give lands for this purpose? which he deems to be within his constitutional If you will, its magnitude, though it should go competency, he expressly declares to be that to the Tippecanoe, ought not to deter you. mentioned by him in his message to both Houses You cannot doubt of the expediency of the of Congress, at the commencement of the presmeasure, whether you look at the importance ent session. In that message this "measure " of the country contiguous, or the vast and fertile is pronounced to be, " the commissioning of regions with which, and between which, it will Ministers on the part of the United States to atopen a communication. If the canal be a long tend at the deliberations of the Congress of Panone, it will be the more expensive, and the more ama, and to take part in them." So that the will we require your aid. If it be a short obvious signification of the words used to deone, the bill will give us less. As the bill is note the true nature and precise extent of the drawn, the appropriation will be in proportion power asserted by the President, upon this octo the length of the canal. casion, is, that the authority to appoint and commission such ministers, is within his exclusive ~Executive Powers. constitutional competency; and this, without The Senate then resumed the consideration any limitation or qualification whatever. of the motion submitted by AMr. BRANdC, rela- If, however, any doubt could yet remain, as tive to the extent of the power of the Executive to the nature and extent of the power thus in appointing foreign Ministers. claimed, without stint or limit, that doubt must And the question being on the indefinite post- yield to the explanation of the words used by ponement of the resolution, the President, given by himself, in their conMr. HARPER, of South Carolina, spoke for an text. His language is, that "although this hour in support of the resolution. measure was deemed to be within the constitu

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 534
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

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Abridgment of the Debates of Congress, from 1789 to 1856.

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