Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
History
Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
as to improvements, magnify the _evil_, and stoutly refuse to see
any good in them?
“Mr. Chairman, on the third position of the message (the
Constitutional question) I have not much to say. Being the man
I am, and speaking when I do, I feel that in any attempt at an
original, Constitutional argument, I should not be, and ought
not to be, listened to patiently. The ablest and the best of men
have gone over the whole ground long ago. I shall attempt but
little more than a brief notice of what some of them have said.
In relation to Mr. Jefferson’s views, I read from Mr. Polk’s veto
message:
“‘President Jefferson, in his message to Congress in 1806,
recommended an amendment of the Constitution, with a view to apply
an anticipated surplus in the treasury ‘to the great purposes of
the public education, roads, rivers, canals, and such other objects
of public improvements as it may be thought proper to add to the
Constitutional enumeration of the Federal powers.’ And he adds: ‘I
suppose an amendment to the Constitution, by consent of the States,
necessary because the objects now recommended are not among those
enumerated in the Constitution, and to which it permits the public
moneys to be applied.’ In 1825, he repeated, in his published
letters, the opinion that no such power had been conferred upon
Congress.’
“I introduce this, not to controvert, just now, the Constitutional
opinion, but to show, that on the question of _expediency_, Mr.
Jefferson’s opinion was against the present President--that this
opinion of Mr. Jefferson, in one branch at least, is, in the hands
of Mr. Polk, like McFingal’s gun:
“‘Bears wide and kicks the owner over.’
“But, to the Constitutional question. In 1826, Chancellor Kent
first published his Commentaries on American Law. He devoted a
portion of one of the lectures to the question of the authority of
Congress to appropriate public moneys for internal improvements.
He mentions that the question had never been brought under judicial
consideration, and proceeds to give a brief summary of the
discussions it had undergone between the legislative and executive
branches of the Government. He shows that the legislative branch
had usually been _for_, and the executive _against_, the power,
till the period of Mr. J. Q. Adams’ administration; at which point
he considers the executive influence as withdrawn from opposition,
and added to the support of the power. In 1844, the Chancelor
published a new edition of his Commentaries, in which he adds some
notes of what had transpired on the question since 1826. I have not
time to read the original text, or the notes, but the whole may
be found on page 267, and the two or three following pages of the
first volume of the edition of 1844. As what Chancellor Kent seems
to consider the sum of the whole, I read from one of the notes:
Public-domain text, read in full here on John Shaqi.
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