Cheraw gazette. [volume] (Cheraw, S.C.) 1835-1838, 1836-09-27
JUDGE WHITE : REPLY TO THE HON. SIER-
ROD WILLIAMS.
i astingt0N, Jug ), 1885.

j
ROD WILLIAMS.
H'asaington, July ;, 1885.
DEAR Sir: Soon after lis date your
letter of the IN April last was received.
| then believed hat during the session OF
Congress, opportunities would be presented
ofexpressing my opinions upon some, 1t
no: upon all the questions propounded;
and that those thus expressed would De
more satisfactory than any when could
be given in a letter of reasonable length.
Let this be my apology for not giving
vou an earlier answer. Upon the first
and second questions presented, | took oc-
casion to express my sentiments, when the
bill 10 distribute the proceeds of the sales OF
the public lands was under consideration IN
the Senate and my views in relation to
the power Of the Houses over their Jour-
mails. were given, when considering rcso-
luton presented by myself, TO rescind the
one adopted on the 25th March, 1884.
Herewith YOU will receive copies of the
substance of my remarks on those occa-
slonS.
Upon the powers ofthe Federal Govern
ment to charser bank, my opinion has
been SO often expressed, publicly and prl-
vately, that content myself with saving 1t
remains unchanged. do no. believe
Congress has the power to charter one, to
exercise lis corporate powers 'c'thln the
States, and upon that opinion | must con-
tinue always to act, until can be satisfied |
am in error.
The only remaining quucstion is, wheth-
er would approve and 81 On a bill to I'M
prove narigable river, or stream, abore a
port of entry.
| am one of those who deny that Con-
gress has the power to adopt and carry out
Il system Of internal improvement, by con-
s.ruc;ing roads and canals hithin the States.
In relation to navigable streams running
through them, Congress has the power to
regulate trade among the States, and this, |
think, conters the power to establish ports
of entry upon those streams, wherever the
course Of trade may require, exactly to the
same extent that ii has the power to eStab-
liSh them on the sea-coast, in virtue OF the
power to regulate commerce wiIh foreign
nations. Whenever the port of entry is
established on a nargaJle stream, for the
purpose ofregulatng trade, | cannot per-
ceive any reason for distinction in the
power of Congress over the stream, ADORE
or 6eloU the port of entry.
Although | admit the power OF Congress
TO establish ports of entry on our navlgable
streams for suck purposes, yet | deny that,
under pretence of exercising that power,
there is any right 10 commence or carry on
a system Of constructing harJors or clearing
out rirers at pleasure.
By its own legislation Congress cannot
enlarge its o,cn po~ers. II, under the pre-.
tence of regulating trade among the States,
we grant that Congress may commence
and carry on a sysem Of clearing out
streams, and of constructing harbors with-
an the States, merely at discretion, it ap-
pears to me we sanction fraud on the con.
stitution; and that the exercise of such a
power will soon operate so partially and
unjuStly, that the States cannot and will not
long submit to its exercise.
Congress may do whatever the course
oftrade among the States requires, to regu-
late it fairly; bu: undera pretence of rcgu-
lating it, is not at liberty TO apply the funds
ofthe nation to improvements in some
States, to the destruction of the Interests and
the annihlation Of the trade of others.
am, most respectfully.
Your obedicnt servant,
.s. HUGH L. WHITE.
The Hon. SHERRoD WILLIAMS.