But, as the Chairman of the Committee on Commerce suggests, the powers are temporary. I am not ready to say that such powers cannot be intrusted to the Government. I believe they can be. But while I agree in that, and am ready to vote accordingly, yet I should like to know from the Chairman why these powers are to be placed under the direction of the Secretary of War rather than of the Secretary of the Treasury.
Mr. Chandler, of Michigan, the Chairman, said that they were placed jointly in three Secretaries, the Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury. After briefly considering this organization, Mr. Sumner proceeded further.
I should not say anything now, but for the remarks of my friend from New York [Mr. HARRIS], who seemed at a loss where to find the power it is proposed to exercise. He was so much at a loss that he went beyond the bounds he usually prescribes for himself in this Chamber, and indulged in unwonted jocularity. Not content with showing, as he supposed, that the power did not exist where it was said to exist, he asked, with ludicrous face, whether it was not found under the clause to guaranty a republican form of government. I am very glad to find that my excellent friend is looking to that clause of the Constitution. It is a clause very much neglected, but to my mind one of the most potent in the whole Constitution,--full of beneficent power, which it would be well, if the Government, at this crisis of its history, were disposed to exercise. Here are waters of healing for our distressed country. Follow this text in its natural and obvious requirements, and you will have security, peace, and liberty under the safeguard of that great guaranty, the Equal Rights of All.
But I must remind my friend that there is no occasion for any resort to this transcendent source of power at the present moment. The power from which this resolution is derived seems very obvious. My friend interrupts me to say that it is the war power. I say it is very obvious, and I will show him in a moment, that it is not the war power. It is a power that has been exercised constantly, from the beginning of our history, with regard to which there can be no question,--because it is embodied in one of the clearest texts of the National Constitution,--because it has been expounded by a series of decisions from our Supreme Court, which are among the most authoritative in our history. It is the power to regulate commerce. My friend smiles; but would he smile at the Constitution of his country?