xt7bzk55f62g_56 https://exploreuk.uky.edu/dips/xt7bzk55f62g/data/mets.xml https://exploreuk.uky.edu/dips/xt7bzk55f62g/data/61m145.dao.xml Perry family 4.7 Cubic Feet 11 boxes The Perry family papers (dated 1800-1952; 4.7 cubic feet; 11 boxes) consists of correspondence, accounts, business vouchers, bills of lading, receipts, and legal documents relating to Fountain Perry's river shipping business and Roderick Perry's public service and law career in Gallatin County, Kentucky. archival material English University of Kentucky This digital resource may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Physical rights are retained by the owning repository. Copyright is retained in accordance with U. S. copyright laws. For information about permissions to reproduce or publish, contact the Special Collections Research Center. Perry family papers Inland Water Transportation -- United States Bridges -- Design and construction. Bridges -- Kentucky Business records -- Kentucky -- Warsaw. Shipping -- Ohio River. Shipping -- Mississippi River. Boatmen. Bills of lading. Political papers text Political papers 2015 https://exploreuk.uky.edu/dips/xt7bzk55f62g/data/61m145/61m145_7/61m145_7_4/33420/33420.pdf 1873-1880 1880 1873-1880 section false xt7bzk55f62g_56 xt7bzk55f62g | gwmmmmwé I
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A _ RIVER AND HARBOR APPROPRIATIONS. A .-
A ` SPEECH » Q
i A'] .» OF
. HON. J. W. STEVENSON,
I OF KENTUCKY, I
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. SENATE OF THE UNITED STATES, A
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N Ai A _ JULY 22, 18*/6. A
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~, River and Harbor Bill.
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. S P E E O H
or
HON. JOHN W. STEVENSON,
` OF KENTUCKY, _‘
re
_ A ` IN THE SENATE OF THE UNITED STATES,
ki Saticwlay, July 22, 1876. ·*· i_
§ The Senate, as in Committee of the \Vhole, having under consideration the hill * il,
_ (H. R. No. 3022) making appropriations for the construction, repair, and comple· " `
. tion of certain works on rivers and harbors- .
i Mr. STEVENSON said : a
` Mr. Piansmicxr: I shall vote for the recommittal of this bill as V
proposed by the Senator from Ohio, [Mr. T1iU1 appropriations from the Treasury of the United States
, . to objects in every section of the country, in which the people of
· ` evcry State wl1ere the proposed i1nprovo1nentislocated, are so deeply
` interested, are under consideration, I know how ditlicult it is for the
.4 · representative so to read the Constitution, uninlluenced by local ,
I self-interest, as to find among its provisions a negation of power to
l make {Ill appropriation to objects in his own State. This difiiculty
.1 has been signally illustrated in the great conlliet of opinio11 which J
,_ _ has existed in the past, among the most eminent and distinguished
statesmen l1p()l1 the extent of eoiistitutional power i11 the l·`e:_le·· , V
Government to make these iinproveuients. All agreed, in the rn. V ..
_ ~ _ that the constitutional power extended to objects national, as contra S
distinguished from local; to improveinents of a general character, in i
which the whole country were interested, rather to such as were
. " wholly within a State, local i11 their character and within the exclu-
‘ sive cognizance of State jurisdiction. But the great diliiculty was,
1 what was national and what was local ? That was the precise point
of conflict which has existed, and still exists.
i \Vhile vetoes of river and harbor bills have often marked demo- *
cratic administrations, yet it would not be dilticult to lind in many
’ of the bills that have received the sanction of democratic Presidents I
some objects of questionable constitutional power. I know, too, flllll ,
I trust I deeply appreciate, the present condition of the South, and `
, the iuiperious call for necessary appropriations to iniprovcinent of [
l their rivers and harbors, most of which are clearly within the sphere ;_
* of the Constitution. Nor do I undervalue the deep interest of South- {
- ern Representatives for the passage of this bill. It makes large ap-
propriations for iniprovcinents in the South. Here comes the test. {
` The conilict of self-interest, with the barriers imposed by the Con-
stitution against such a forbidden appropriation. I shall 11ot be
··‘ — V ·· · guilty of thc ungracious task of criticisiiig, or attcnipting to point J
, ’ out the various items of appropriations in this bill whiel1 are wholly
' and xurely local.
i Nm} such bill as this was ever presented to a democratic President,
[__, _,,_ ·~ and none such, if presented, could have received his assent. No Sou-
r ` ‘ ~ ator can deny, that the hill does contain appropriations to objects ‘~ °
"elcarly local, and not sanctioned by the Constitution. The test of the _ _,
truth of this statement which I propose is this: Let each separate ob-
· " " . _ ject for which this bill makes a11 appropriation be put into a separate
E bill, and how many of them would pass muster eithcriu the House or
in the Senate? l put it to Senators upon this side of the Chamber to ? _
; tell nie, is it 11ot a dangerous precedent for ns, i11 an hour when we have 9 *. ,
, been decrying against the usurpations and unlicensed assaults of cen- V `jf
‘ tralizcd power on the constitutional rights of the States, to allow a " '
combination of local interests in thc States to blind our eyes to any ` JE]
g open violation of the Constitution for any purpose? \\'l1y, Mr. Prcsi-
dent, there can be no cavil about the fact, that :1 large nnniber of the
J appropriations i11 the House or inthe Senate bill, are made to ob-
. jects for which Congress has no power to appropriate the public
_ , money. And how unequal and unjust is this llll1llll·llUl`lZ(Z(l(llShl`ll\l`l··
· tion? The Ilousebill contained appropriationstnan HllllllllllQX(‘("(Z|ll1lg'
~ $5,000,00U, and yet I am inforincd that two States lll‘ll`ll|‘I` of them
_, very large i11 extent. or i11 populalion—neith<·rol`them l)i\l'4.lL‘l'lllg Oll the , *
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SB{lbO3;I'(].—OI1B an inland Smt0—h:wc received 0110-fifth of the whole
sum :1ppr0p1·i:mcd by that bill. This is certainly an sig11i{icz111t fact,
{md dues not indicate the safest plume for culiglmcncd or wisc legisla-
tion. The Samba Committee on Apprnprixmimns struck out night
or nine lmndred th()llS!`lll(l dollars, I believe, of the upp1·0p1·inti0us —
contained in the House bill; but yet: that comunitmc substituted ‘ Y, »·r·
other objccts to which they upp1·0p1·i:»tcd {IIIIOIUICS greater than those
contained in the House bill, increasing the sum zmpprupmmtcd by the *
House some $30,000. If 1 ¢:1·1· in this statement I hope some Senator
i will correct mc.
;~ My lmxmmd fricmd the Senator from Virginia. [Mr. \V1’1‘1rmRs] is
; amazed shut Senators who 01:11rut-hznb the House bill was 0].{iG0t3iOI1&— — Q
ble, becausn it contained mzmy u`pprnpx·i:1ti011s clearly 190:1.1, mul there- - ` V. _ _
`L =;ég€,gsu1wn11s1:itutimml, should h:wc voted to mm-concur with the _ '
f jmnatc committee in striking out these mhjcctionmblo items. My ‘ ’
‘ friend tells us, that if he should over require a political Mentor, he ‘
‘» _ would take cure never to sack him from xummg his broblmr-Sa11z1tso1·s Q
g Q who have been guilty of such political iucm1sist;e11cy. Mr. President, » ,
v' I happen, like the Senator from Ohio, [Mr. 'l`11U1:pcricnce to iit me for su exalted :1 position; but, _ `
{ if I did aspire to such xm distinction, I utterly deny that the fact stated I
g by my friend from Vir;;i11i:1~, would be any 1Ll'g'|lIIlC·11ti 01· proof of my
E disqualification to tl§2lCllC\'G1l him, political orthodoxy and consistency »
as n. dcmuumb of the old school. *
_ There would have been great force in the suggestion of thc Senator,
of uu zmllvgerl inconsistency on thc part of these Senators. who voted 1
fn lltlll-C0lIClIl` in thc }lI1l€ll(llllCllES of thc Senate c0111mitatcc—if that V
C()IIllllit;tCG had stricken out all thé appropriations to local and uu- _ I
E, cuustitnntiounl objects in hhcHm1se bi1],:1~n;1 retained only those ulem·ly
· within the sphere of constitutional power. But: 1i11f0rtuuzLtc1y for E
Q my fl'i(§Il(l`S logic, thc Scrmiac committee did 110 such thing. They ’ ` `
struck out local appropriations from the House bill, it is true; but they `
put- in their stead other objects even more: local and more olyiuutiou-
· able. The Senate committee increased the entire appropriation uvcr
¤ that made: by thc House s0u1ctf$3O,()UO. The House bill, although itcon- - `
Q I tuiuvd numy objects clearly uucousbitutimml, was px‘cfu1‘:Lble to the ' _ `*
I»illbr0n,;fhti11 bythe Senate committee. The l?LEtCOI`(J(>]]C2Lil1C(] nsruauny A
` local ulxjcctxybut in zulditiun, increased the gross amount of money up- V "
1>I'iH»t(‘(l. I voted therefore to non-co11curi11 all the :1m¢ar1r\111<>11us of _
` The Sr·.n:nttlxc1· to thc Little
]{IlIHl\\'l11L, il1tIl(}S2llTI(¥ State. If thc first were local, the last were. If
T them: was tu hc il gcucwnl distribution uf money to local objects in the
. States, instusnd of Enpprnp1·i:1ting; to rivers amd harbors authorized by
the Constitution, I desi red justice should be dom: to Kuut~11cky, which
is among thc lmge-st tn:<—puyix1g States. If local objects were stricken ‘
out in Kentucky, I desired them stricken out 0lSU\\’l1GI`(?,SU as to have
xm equal and exact justice in the distribution among thc States. But
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neither the restoration or exclusion would have secured my vote to `
either bill.
Mr. WITHERS. A general distribution/tl1en,would control your
ideas as to constitutional obligation? -
— Mr. STEVENSON. By no manner of means. I have just said that
Y, »·r· ’· ‘ I would vote against both Senate and House bills, and the fact that
/ ' they contained appropriations to local objects in Kentucky four times
* greater than the insignificant sums contained in the House bill would
never change that vote. The fact that an appropriation is to a local
object in Kentucky will never, I trust, affect the standard of my judg- .
ment upon the question of constitutional power. No appropriation to ·
i - , . · an object deemed by me outside of the Constitution, whether large or
` i , _ small, in Kentucky or out of Kentucky, will ever receive my san ` . 1·~
_ Q ` . ' Mr. VVITHERS. Then you ought not to vote for the House "~
* ’ Mr. STEVENSON. I will never vote for it. I said I never cou
i be induced to vote for either bill in their present shape. I am only .
g surprised that a Senator coming from Virginia, trained in and familiar
, with the construction of the Constitution which made that noble old
’ r . Commonwealth illustrious, from the foundation of the Government Z
,' to 18,60, doctrines illustrated by J eiferson, Madison, and Monroe, could j
; have so far forgotten his early political teachings as to be willing L
, · to vote for such a bill as this, because it contains appropriations to
_ ‘ local creeks within the conlines of Virginia. I was also raised in that
l same Virginia school, and I may say, I cling to its doctrines of close
construction and rigid adherence to all the limitations of the Con- _
‘ » stitution upon congressional or executive power with greater tenacity `
* now than ever, as the palladium of political safety. If local com-
binations in bills like this shall override the constitutional barrier ‘
1 and inhibitions upon Congress to appropriate money except to na- ’
l ` tional objects, the end will soon come. _
I _ Mr. XVITHERS. I will say, with the permission of my friend, as
he has expressed surprise at my position, that I received my ideas on
, the subject of the powers of the Government in this line from a dis-
’ ` . tinguished Kentuckiau, who, although he was born in Virginia, made A
his reputation as a statesman of Kentucky. At his feet I was brought ·
up iumy political faith. He had no such scrnplcs of conscience about
V appropriations for improvements.
Mr. STEVENSON. No one respects more than. I do the fame of _
_ °¤ that distinguished Virginian who has rendered illustrious the Com- ` ‘
monwealth which I in part represent in this Chamber. I never ?
" agreed with him i.n political opinion. ` —
. Mr. NVITHERS. I did. {
Mr. STEVENSON. I looked, as I said, to Jefferson, to Madison,
and Jackson as- my mentors, and believed with them in a closer co11- _ ,
struction of the Constitution than Henry Clay did; but my friend, `_,_,, ·
the Senator from Virginia, can never iind shelter under Mr. Clay for . `
the support of any such bill as this. Never, sir ; never! I went over _ rg;
his record upon that subject this morning, and I defy the Senator to
show that Mr. Clay ever advocated a bill with appropriations like ,
those which we are called upon on this occasion to sanction by our
votes. . `
The distinguished statesman to whom my friend has referred was
a liberal constructionist. He believed in appropriations to our har· _
hors, on salt water or fresh, on the lakes or on the oceans. He fa-
‘ vored liberal aid to the Mississippi and all its tributaries, the Ohio,
the Arkansas, the Missouri, the Red, and the \Vhite, indeed to all ob-
jects of a general and national character. I have no doubt he would
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i have supported the Pacific railways, as he did the Cumberland road, {
but nowhere can his vote be found for objects such as are contained ;
in this bill. At least such is my opinion, and I think I would vouch
. the record in support of my statement. .
, I hope this bill will be recommitrcd and that the committee will
' reduce the appropriations to objects that are clearly national. \Vhile
I am a Kentucky Senator, charged with the protection of her inte1·- I
_ est and honor, I do not forget that I am also a Senator of the United _ _
States. I shall vote liberal sums to our harbors North and South, to
3* our lakes and to our great highways and national thoroughfares. I
Y include those made foronr rivers like Cape Fear, which empties into the »
i ’ ocean and which is a harbor of inealenlable value. So of many others
I gm pf like character. As was said by the Senatorfrom Connecticut [Mr. V ,_
P, rJ{;{;1*>r] the otlier day about the removal of obstructions at Hell Gate, _
g , I ..‘§ua·"Nexv York, which when accomplished would shorten the voyage ` ‘
,;·f_r,$,..-li,‘1‘r;11i New York to Liverpool three hundred miles, what State in the .
+ (fj ' confederacy is not interested in and would not be benefited by that g ‘
, ,é- improvement?
_; . But in all these appropriations I must look to the limitations of L
~ 1;,, the Constitution. I have no other guide. In the faithful observance ”
{ “' of its sanction is our safety. Let not appropriations in the several
Y States beguile representatives into the support of appropriations 11ot ,
Q warranted by the organic law. Madison, Monroe, Jackson, Rolk, and ·
_ Pierce all vetoed measures like this, but containing no such objection- _;
`_ able objects as the pending bill. All these vetoes rested upon thein- t
i vasion of the sovereignty of the States, which appropriations by the
Federal Government to objects clearly local, and wholly within the
A domain and cognizance of the State, would invariably inaugurate.
· If this measure pass, it is the opening-wedge to unlimited appropria- . ’
` , tions under this head as our country expands and the applications for
appropriations to local objects increase. Such legislation, if cou- .
F, tinued, must ultimately beggar the people. It is six millions to·da.y, “
gi it may be twelve next year, and twenty a few years hereafter. There
i is no limit. If States are to be seduced into the support of bills like _
,' ` _ this because objects within their territorial limits receive large appro-
., priations, then States may combine and disregard all limitations of
"= the Constitution.
( _ If objects contained in this bill be constitutional, I am nimble to ,
j 5} perceive any limit to which the power of appropriations may not be _ _.f ”*g ·‘
i ~ carried. Increased taxation, higher protective tariffs, and corrupt ’ ‘7—<· `~ · _i_J
‘ legislation must be the legitimate fruits of such a policy. The States ~- ». f'
’ will become mere stipendiaries of the Federal Government, mere play- ' ` ,_
~ things of its unlimited appropriations. It was but afew years since, I V ` '’’‘ "
that Congress was asked to charter an Ohio company to construct a
railroad across the domain of Kentucky, against the consent of the
_ State, 'froin Cincinnati to Chattanooga, in Tennessee, with no guards, 1
‘ or only such as Congress might be pleased to put into the act of ,•
incorporation. The proposed legislation was resisted and failed to
; become a law. Kentucky, through her Legislature, has since granted V.
_· n charter, under proper guards and restrictions, and the road is being ’
` rapidly constructed. _»
, So, too, a similar effort was made to obtain from Congress a char- ` I
` ter to build a railroad from \\'ashington to New York without the ·
; consent of thc States to be traversed; but Maryland,Delaware, and, -
I believe, New Jersey opposed it, and it failed. Let us leave local '
improvements to the States. \Vhat is to become of their sovereignty
if the Federal Government possesses the power to appropriate money
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‘ to any and to all local objects wholly within State cogmzance? The
g Federal Government acquires exclusive jurisdiction whenever it con-
structs improvements and appropriates the public money! \Vhere .
. will the Federal power end? \Vhat State will be exempt from its ,
influence, if improvements are to be carried on without stint on the
"{ scale contemplated by this bill'! I have been surprised to hear dur-
, incr this debate certain mowers claimed. and certain doctrines an- I
*’ v - ’ . Y v
__ _ nonnced by Senators on the other side of the Chamber. lhe power
ia'. to make these appropriations is asserted to exist under the connnon-
defense—and-general-welfare clause of the Constitution ; and we have ‘
· heard the statement, that, if the Government were to-day to appro-
1 priate twenty millions to these i1nprove1nents,it would have a. good
V -_ ' influence in stimulating industry and production, and in giving V
_ _ emplxyment to labor. This is notiand never can b do * ' ` ,, ¥;é,;fi’ W ’
‘ reformers l · cr pl
. It would be retrenclnnent, economy, and reform with a vengea ir ;2;‘.,· 2 lg
‘ It Senators on this side of the Chambermean to aid in the correetio I ”.- { 33
of existing abuses ; if they intend to reduce extravagant expenditures ,; " ; ~ 4
{ of the public money ; if they are in earnest in one common vifort to *~·‘=*r “'
’ take awav incentives to Jublic ir0i1i¤·acv I entreat them to recom- 9 ·
_ _ ·_ 1 D . J
mit this bill. V-g_ ·¤e
, The country is in no condition now, to enter into such a general _, “ C
· scheme of improvements of rivers and harbors as is here proposed.
'Whatevcr Senators may say, and whatever peans they may sing, as to
l the inexhaustible resources of this country, the masses of the people, ,
1rres iective of wart * crushed beneath the load of o 1 iressive taxation ·
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have felt personally the pressure, and are deternnned upon a simpler, _
more honest, and more economical administration of public atl`airs. ’
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