Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-02-17

FIN tl- massage of that law up to the year ico.'
CONGRESS never attempted to exercise The power u re-
Is;nr ,;Io,ape at any port in the country ana inc
rs made one of established State Legislation
H. s,a,e of New York that had been emphatlcaiiy
81 o.,e oues,;on had existed in The minds OF some,
and he was one among The nuihieE, d. " "i' " ,l
cnrarnmcnts-the State The Acknowledgements 'l1
RIGHT 10 exercise this power dc inclined
IN consider i, a branch of the municipal regulations e
iong;no 10 The states like the quarantine laws, por'
wariens Wharfage. and INC IKE: ana no. =
;on of commerce exclusively conferred upon Congress
", he did NOT desire TO agitale this question upon inc
present occasion In reference 10 This immediate que
lion i, was mmaleiialo him which Governments eAs'-
c;,o1 The powcr if one Government exercised II eAcu-
;,cl Ga as 10 make the regulations applicable 10 'he
same por, equal as 10 all the pilots OF that port.
Such was the fact now The act Of Congress OF 1917
was martial and wholly defective 1t could apply 10,
full whether, upon full investigation, it would prove TO
no ,nnicable 10 more than single one-the port oil
Now York and as 10 that port it makes no other rrgu
a,ion than TO let in pilots from another State without
any responsibility accountability any where, wn,le
The New York pilots held bound by all the responsible
Lilies nil the penalties and all the assessments imposed
he The State law This is unequal and unjust II the
State law is to prevail II should prevail as 10 an
1.-THE law of Congress be the law, it alone should be
enfnrced Every pilot Of the same pert, no matter
rom what authority he may derive his licence and
character as pilot, should enjoy the same privileges,
and be subject the responsibilities and Dur
dens. This, he trusted, all would assent To- and ne
enireated The members Of the Senate to examine this
question: go that when this bill shall come up for action
something may be done, which shall produce uniorm
" of legal regulations, at least, nj the same port
/ Imrortant questions grow out Of this subject. Does
Congress constuionay possess this power 10 regulate
the piotagc Of the ports oil The country! II So mas INC
RESUMPTION of the power by the passage OF the law OF
1897 suspended The power OF the States 10 ielSiac III inc
matter? IS the existing legislation Of the States yet in
force or has the law Of 1897 suspended H. where that
law appliesl These questions al an important cha
racer and il is the simplest justice not 10 The pilots OF
the por; OF New YORK alone but 10 the city ot New York
and 10 the State OF New York. that these questions
should I've seed-that Congress should az, fully or not
| act al Ill in This matter.
When this bill should come up while he did not desire
that much time should be consumed upon il, he must
hope that the members of the body would consent so FAR
10 examine these questions as 10 be prepared 10 correct
the manifest Injustice which the present state OF the laws
State and National did work, and could not tail 10 work.
against the regular pilots OF New York.
/ Thc.b was read and ordered 10 a second reading.
On motion Of Mr. PIERCE the resolution introduced by
him few weeks ago, and subsequently modified, was
akcn up Tor consideration The resolution was read as
| follows
Resolpsd That the Secretary OF The Treasury he d-
rec,ei 10 communicate The Senate copy Of any con-
mission other authority issued Tor the purpose OF IN
veslisaing the affairs Of the New York cusion-housc
and the law under which the same issued Also. copies
4 Of all letters other documents accompanying The
said commissions that nc furnish the names OF the com
miSsionerS, The times when they respectively entered
uDon their duties and where said duties were perform
cd and how long they continued expected TO
tnue and also state the fact whether the commissioners
first appointed made report, either verbally or IN
writing and also why il has not been made and The rea
sons forth BY said COMMISSIONERS or any and winch
Of Them for the appointment oil new commissions that
he also report in detail The expenses with copies Of
the voucherS that have, directly or indirectly, arisen in
the execution of said commission, the names of all par
lies employed and how employed, and the allowance
made 10 each including all items .! incidental expenses,
and from what fund snch expenses were paid Also the
number and namcStn OF witnesses examined by the com
mssioncrS whether the commission still continues and
which of he commissioners arcstl acting hereunder and
who are now employed by them. And also 10 report all
copies of letters accommodations made 10 or from the
Treasury Department on file there, in regard 10 orin
any manner affecting the Of proceeding by said
the acts alleged 10 have been done by
them or any OF the persons in their employ
Mr. PlgRcE remarked that the resolution one
merely of inquiry-lhat il was 70 obtain information
iect VI which il was right and proper something should
he known after The heavy charges Of corruption made by
r the Whis party Mr. p spoke briefly in support of the
call in doing which, he adyered 10 the general ch""gcs
of that party before the late Presidential ccctc.-
They during Tie campaign and for years previous pro-
missed that 50 as they obtained power, develop
lncnS OF fraud, extravaganza and corruption under The
late Democratic Administrations would be made that
would astound the country. lie contIasted these pro-
misses with their inat,cnon 10 the subject since they
obtained the power much desired; ana their failure
Succiiy where the corruption, Nc, existed, and III
what particulars. lie adverted 10 their charges Of
corruption against the New York Custom. House, and
their promises particularly with reference to it, and
contras,ed them with the effort made by that party
10 suppress the call for information 10 what progress
the commission have made, which instituted to de-
velope those alleged abuses Mr.. Z. made some
marks on the abuse of power by the institution OF that
commits on. Though he ready to % TO the fullest
extent to ferret ont corruption or extravaganza where.
ever it might exist yet he could not Justify the exer-
49, ha In pci
mission and the payment of enormous salaries, with.
out the authority of law. He made appeal 10 the
Wing party permit the resolution 10 pass, if they did
not wish TO suppress the information desired.
MIR. CLAY asked TO have the resolution read.
1 II was read by the Secretary Of The Senate.
MIR. CLAY was very glad TO hear the Senator from n.
Hampshire concur in the wish he had expressed the
other day. that all the NAL practices of the New York
custom house may be brought 10 light. lie thought
the language Of the resouon however, was calculated
to throw some doubt upon The propriey of The commits
sion He owned, that if he had heen aware the power
was claimed under The general injunction in the Con-
stituton that the Executive sha cause the laws TO he
executed he would have considered IL great abuse 10
issue a commission and appoint officers under that
clause, without the authority OF Congress- But the
practice Of investigating abuses, or supposed malprac-
tees in this way had grown into use long since in the
| Executive Department. and no doubt in this instance
mere precedent had been followed lle however, con-
sidered the clause in the Constitution restricted the Exc
cutive The charge ofseeing that the laws faithfully
executed by the officers Of the Government constilu.
tonay appointed, and did not reach TO The issuing of
commissions, appointment of officers and fixing their
salaries by the Executive without the authority Of Con
gress He did not mean to convey any censure with
regard the present Executive; but generally TO
press his views TO The abuse which had grown up.
With regard to the resolution offered he consider
ed unnecessary, the report of the commissioner
would probably be soon presented; he as anxously
looked for that report as any gentleman who called
for it, and if he not greatly mistaken when It dces
come up, the gentlemen will find more abuses exposed
in it than they will have stomachs to hear.
Mr.. PIERCE thought the Senator conceived if he was
aware of the abuses be exposed he would press
his resolution but he could tell the Senator that he was
not the man 10 screen abuses, matter by whom
mi.tod On The contrary, when abuses charged
upon the late Administration, he met them at the outset
and called for the proofs lie called for the proofs
| furnished Nv this investigation ami he was met hy
motion 10 lay his call on the table Before The gentle
i.