Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-08-19


their navgable waters; but not 10 those
whose navigable waters are embraced
within one, or farlhest, two States. Why
the former is embraced, and the latter not,
they will next proceed 10 consider, begin
ming with the case of rivers whose navl.
gable waters are confined to single State.
They arc not embraced, because, in the
first place, the power, as has been shown,
is restricted to the regulations Of the exter-
MI commerce OF the States with each 9TH
er, to the exclusion of their internal. And,
n the next, because the commerce oil such
rivers is under tho exclusive control Of the
States within whose limits their navigable
waters are con6aed, except that no vessel
from another Stale, coming or going, can
be compelled to enter, clear, or pay duties,
under the provisions of the constitution al
ready quoted and except, also, that ves'
sells from other States shall not be subject
to any regulation or law in navigating
them, to which the vessel, OF the State TO
which they belong or not, under the pro-
{ visions of the same instrument, which Sc
cures to the citizens of each State, in all
athers, "all the privileges and immunllies
to which their own citizens are entitled.
With these exeeptions,the navigation of all
such rivers, as far as commerce is concern
ed. ia rs much under the control OF the
State within which lis navigable waters
are confined, as its canals, railroads, or
mrnpikes. Indeed, these are subject to
: the latter exception, and not 20 the for
mer, only because not applicable.
, The case of river whose navigable
[ waters are confined TO two States, wheth.
, err by dividing or flowing through them, re.
, uuires more particular aud full explana-
/ ton. The provision of the constitution
/, already cited, which exempts vessels bound
r to or from one State from entering, clear
ing. or paying duties in another, would
1 make all such streams, in effect, common
b highways of all the State, and bring them
. exclusively under the common highways
| of all the States, and bring them exclu-
9 sively under the control OF the federal GO
n yernmeni, as lar as the power to regulate
4 commerce among the States is concernedi
8 as much so, indeed, US the Mississippi It.
4, self, were it not for another provision IN
,. the same instrument. They allude to that
!. which provides that "no State shall, with
d out the consent of Congress, enter into
!. any agreement or compact with another
# State" and which of course permits with
+. such consent) one State to enter into com.
g pact or agreement with another.
II To understand The intention Of the fra
mers of the constitution for inserting this
n provision, and its bearing on the point I'M
% der consideration, il is necessary TO view
Of it in connection with another provision oil
a. the Instrument, already cited. They re-
>. fer to that which prohibits the State from
ID entering into any treaty, alliance, or con
Ia federation, in any case whatever; plainly
ir because it would be both dangerous and
/. inconsistent with their federal relations tc
re permit it. In order 10 prevent so impor
q. liant a provision from being eluded, the pro
m vision Immediately under consideration
Or was inserted, prohibiting the States iron
e. entering into agreements or compacts II
a. any case whatever, except one State will
c. another State. or with foreign power; ant
@. TO prevent the abuse even Of that limited
ne power, the consent OF Congress is requr
,s, cd. Such is the prohibition, and the rea
re son for il. The reason for the exception
as is, that without it the prohibition wou
be substitute the federal authority for that Q
ch the States, for the adjustment and regula
II. lion Of all the various subjects in whc
e. The several States NAV have a mutual IN
N. terest in adjusting and regulating, incr
lid ding such as the one under consideration
and thereby would give greater extensio
10 and minuteness TO the authority OF IN
ms federal government than was desirable G
n consistent with the objects for which
e. was instituted Under the exception II
Ter left TO the States, whom only two are int
"a. rested in the navigation Of river, or an
Int other object, to take il under their excll
ra siye jurisdiction and control by an agree
m ment or compact between them, with th
he consent Of Congress; as much MS II woul
d.. be under that Of one, il il was conine
TO exclusively to one instead Of extending
its two.
id The case is different where three I
IN: more States may be directly interested
N the navigation Of river. Such cases al
am Withdrawn from the control Of the Stale
Ii and are embraced by the power OF CoI
val prcss to regulate commerce among u
ks, States, for reasons too obvious to rePes
nd after what has been stated. 1t is onl
in necessary 10 add, in this connexIon, u
uId reasons are as applicable to The rivers lal
ese inp into The ocean and the lakes, ncludin
!; their CULTS and bays, as to those falling II
Ill. to the Mississippi and its tributaries.
I'm. Your committee will mex, proceed
,he consider whether harbors or canals arour
nly falls or other distractions Of the Miss
m sippi, including iis great tributaries, (nea
on. ing thereby those in whose navigate
mid three or more States are interested.) a