New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1844-06-15
EetO Message,
on TIE ELL To IMPROVE CERTAIN maRpoKs,
KiyeRS, &c.


ii originated, the bill entitled - An act making ap-
preparations for the Improvement o. certain iarJorS
and Rivers. w;itl the following objections Ia IT. be-
coming a law:
i, Tie adoption OF the Constitution eici, SAFE
VA possessed o. separate and independent; suve-
r.ignry and an exclusive jurisdiction over all streams
aud water courses wlihiuiis territorial limits. The
articles o: confederation in no VA, affected this
tho:iiy of Jurisdictions and the present Constitution
adopted for the purpose OF correcting Tie detects
winch existed in the original articles, expressly
10 the States all the powers not deegaled-
No such surrender OF jurisdiction is made by the
States 10 This Government by any express grant
aud lllt is possessed it is 10 be oeduced from ths
clause in the Constitution which invests Congress
.h authority TO make all laws winch are Dcces-
sary and proper Tor carrying INTO execution thr
granted powers. There Is, III my view OF lie SUD-
j.cI, pr~tence whatever for Inc CLAIM 10 power
which the bili now returned substantially sets up
The in;er, nlai power, in order 10 be Legitimate
must he clearly and plainly incidental IN >omr grant
ed power, and necessary 10 Us exercise. 10 reirr
IL 10 the head of convenience or usefulness would
lie to throw open the door 10 boundlrss and u"llin-
ned discretion, and Ia invest Congress with an un-
restrained authority.
Tie power 10 remove distractions from the wafer
courses OF the States, Is cluimed under Ihe granted
pnwcr To regulate commerce with foreign nat:ons,
among The several States, and with the Indian
tribes" hut the plain aud obvious meaning oi this
grant is, that Congress may adopt rules and rcguia
lions prescribing the terms and conditions which
the citizens oil the United States may carry GU COM
elcia operations with foreign STATES or Kingdoms,
and on which the citizens or subjects OF foreign
States or Kingdoms may prosecute trade with the
United States or either OF Them; and SO Tie power
To regulate commerce among the several Stater, no
more invests Congress with jurisdiction over the
water courses of the States than the first branch OF
the grant does over the water courses oi foreign
powers, which would be an absuidIty. ne rIsh
of common use OF the people OF the United States 10
the navigebe waters of each and every State arlses
from the express stipulation contained in the Con-
sti,urion thai "thc citizens OF each State shall be
entitled 10 all privileges and imunlties oil citizens
in the several States" while, therefore. the navig"
lion OF any river in any Stat is br the laws OF such
State. allowed 10 the citizens thereof, The same Is
also secured the Constitution of the United States
on The same terms and condition., 10 the citizens oil
every other State; and so OF any other privilege
immunity. The application OF the revenue OF this
Government, if the power TO do so was admitted, 10
improving the navigation OF the rivers, by removing
distractions or Otherwise would be for the most
part productive only OF local benefit. The conse-
quences might prove dsastrously rjlinout 10 as
many of fellow citizens us the exercise OF such
DOwrr would benefit
| will take one instance furnished bv the present
ill out of no RyiJiUus feeling, for such it would he
lnp0ssble for me 10 ieel but l,rcause OF greater
familiarity witt locations, in illustration OF the above
opinion. Twenty thousand dollars are proposed TO
be appropriated toward improving Tie ha'bor OF
Richmond, in the State of Virginia. Such improve
men, "oa;l furnish advantages 10 the city Of Rici
mcnd and add 10 the value OF TN. property OF III
citizens, while il nigh nave most disastrous influ
encc over the wealth and prosperity OF Petersburg.
which is situated somc twenty five miles distant, on
"A branch u! james River. ard which now enlp,s IL
uir proportion ct the trade So, too. the improve
neml OF james River 10 Richmond, and of the APP
ponInjox To Petersburg might, by inviting the trade
la those two towns, have the effect of pIosiratins
the town of Norfolk. This too, might be
pshed without adding sing e vessel 10 The number
now engaged in the trade OF the Chesapeake Bay, or
bringing into the treasury dollar of additional
cnue. Ii would produce, most probably, the single
effect Of concentrating the commerce new profIa-
n!v cnluvcd by three places. upon one OF them. This
furnishes apt Illustration OF the effect OF this
bill IN several other particulars.
There cannot, i'll tact, he drawn the slightest dis
criinmation between the improving The OF
State under the power 10 regulate Commerce, and
the most extended system OF Internal Improvements
on land. The excavang II canal, or paving a road,
are equally muchiucdents 10 such claim ot power
- the removing distractions from water-cOurSes.
Nor can such power be restricted nv any fair course
ui reasoning 10 the fact OF making the improve.
ment Ii reasonably extends also 10 the right d;
seeking return OF the means expended, through
the cxaction Of tolls aud the levyng Of contrhl,-
lions. Thus while The Constitution denies IL lhi-
Government the privilege of acquiring property II
the sol al anv STATE, even Tor the purpose oil
ins II necessary iorIihcaiInn without grant from
such State. this claim 10 power would invest 1t with
control and dominion over the waters and soil of
each State without restriction Powers So ncon
gruous cn0not exist in the same instrument.
The bill is also liable TO a serious objection, be-
cause ui its blending appropriations for numerous
objects Int few III Which agree in their general ea
torres This rly prod, ces the effect OF embaI
r;.sSing Executive action. Some al the appropiiu-
ions would receive sanction i; separated from
the rest, however much might deplore the repro
duclion of system which, for some time past, has
perri permitted sleep wlh apparently, the acqul-
CSC nee oi the country. | might parIcuitrIZe the
Delaware Breakwater as an improvement which
looks In the secur, from the storms OF our Atlantic
seahoar OF The vessels III all The country engaged
either in the foreign the coastwse trade, well
u 10 the safety OF the revenue bat wheii,
necton ilh thar, the same bill embraces improve
enlS of points far III the interior, connected
,loue with the trade OF such river und IIe eXerou
nj mere local Influences alternative Is left me !iui
| 10 use the qualified retO, witG "hch the EXecuts.e
is invested by the Constitution, and 10 return the bill
T. the House in which II originated Jr lie ultimate
| reconsideration and decision.
Ia sanc,ionng bill Of the same title with that IT
turned for the improvement oil the Mississippi and
IFS chief tributaries and certain harhors on the lakes.
ii bring myself apparently in cOutlict with any vi
the prime piles herein asserted, II Will arise on ny
part exclusively from The wait OF jist afprecla-
non of localities The Mississippi occupies loot
ing altogether different from The rivers and wate
courses of the different States. No one State, nor
any number OF States, exercise any other Iiris-
,iiction over it than for the punishment o CHIMES
and the service OF civil process. IL belongs TO no
particular State, but of common right, Ivy express
reservation to all the States. Ii Is reserved as a
great common highway lGr GIe commerce ul Tie
whole country.
To have conceded to Louisiana, or 10 any other
State admitted as a Stale into the Union, the
exclusive jurisdiction, and, consequently, the right
to make improvements, aud 10 levy tolls the seq
nienls Of the river embraced within It's territorial
l.mits would have been 10 have disappointed the
chief object i'll the purchase OF Louisiana, which was
TO secure the free OF the Mississippi 10 all the
people Of the United States Whether lcvies or
commerce were made by foreign or tiomectic GO
vernmen! would have been equally buIdenseme and
Objectionable.
The United States, thefore, is charged with lis
improvement for the benefit OF all, and the appropri'
atiun OF government means 10 lis Improvement be-
M.