Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-09-22
I'OI.HrlC Al.
JUDGE WHITES REPLY TO THE HON.
SHERROD WILLIAMS.

W
/ DEAR SIR Soon after It's date your letter of the
'th April last was received. then believed that,
during the session OF Congress, opportunities would
he presented of expressing my opinions upon some,
1t not upon all the questions propoundcd; and that
those thus expressed would be more satisfactory
than any which could be gwen in a letter OF rea-
sonable length.
Let this be my apology for not giving YOU an
earlier answer. Upon thu first and second ques-
tons presented, | took occasion to express my
sentiments, when the bill 10 distribute the proceeds
OF the sales of the public lands was under CON
s'deration in the Senate and nay views IN rea-
ton to the power OF the Houses over their Jour
mails, were gwen, when considering resolution
presented by myself. to rcscind the one adopted
on the 2Sth March. 1891. Herewith you will re
ceivc copies OF the substance OF my remarks ON
those occasions.
Upon the powers of the Federal Government to
charter II bank, my opinion has been so often tx
pressed, publicly and privately, that content my
sell with saying II remains unchanged. do moi
believe that Congress has the power 10 charter
one, to exercise lis corporate powers THhn fhf
States, and upon tina, opinion must continue
always to ACT, until | can be satisfied | am IN
error.
The only remaining question is, whether would
approve and sign bill 10 improve ndrisd6h
| am one Of those who deny that Congress has
the power to adopt and carry out system OF in
,crnal improvement, by constructing roads and
canals withm the States. In relation to navign-
Bile strca running through them Congress has the
power to regulate frdde dmang the States, aud
tins, think, coners the power to establish ports oi
entry upon those streams, wherever the course OF
trdde may require, exactly to the same extent thai
II has the power 10 establish them on the sea coast,
in virtue otlhe power 10 regulate commerce mhh
fore ign nations. Whenever the port OF entry Is
established on ndrigable stream, for the purpose
of regulating trade, cannot perceive any reason
for Il distinction in the power OF Congress over
the stream, obort or beiom the port ofcntry.
Although admit the power of Congress to cs
tablish ports of cntr, our navcablc streams Tor
such purpose, yet deny that, under the prctcnce
ofrXercising that power, there is any right TO com
mcncc, or carry on system ~ constructing mar
bors or clearing ont rircrs at pf'dsme.
By ts own legislation Congress cannot enlarge
its omn po,rers IT, under the prctcncc ofrcgula-
ting trade anon. the States, we grant that Con
yrcs NAV commence and carry ON "A system oi
clearing ont streams. and OF constructing hafbors
wahin the States. merely at diSrrft0n, II appears
10 me we sanction fraud on the constitution,
and that the exercise OF such a power will soon
operate so partially and mjnsfiy, that the States
cannot and will not long submit 10 its exercise.
Congress may do whatever the course OF trade
among the States requires, IN regulate II fairly
but under pretence ot regulating it, II is not al
liberty to apply the funds Of the nation to I'M
provemcnts in some States to the destruction OF
the interest and the aRnhHafion Of the trade of o.
Tiers.
am, most respectfully,
Your obedient servant,
HUGH l. WHITE.