Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1846-07-29
igable waters are confined to a single

external commerce of thefSla,es with: each
otheri.to thene4clusion of their internal.
And, in, the next, beoaase rhe: -cotnmerse
Of such rivers is under the exclusive ,cei.
troll Of the States within 4hose limits thslr
navigabls,waters are coBhued. exeeptJhae
no vessel from any other State, comiag OF
going, can be compelled to 'eatef, CLEAR,
or pay duties, ueder'tbe provisions of ,lhe
constitution already quoted !; and. except,
also, that vessels from other States shall
not be subject TO any regulation or lawin
navigating them,. to which, the vessels of
the States TO (which they belong are nor,
under fbe:proTisioastof the same ipstyu-
ment, which secures to the citizens Of each
Stato, in all olbers,'. all. the privilege aud
immuniiies 10 whi hichtheir own,citizens are
enliIed."s, & With. these exceptions, !, the
navigation of all suchrivers, as far as com.
merce is concerned, ,,is' as much underthe
coutIol Of the Stale. within which ita nav
igable 'watera are confined, as. ils. canals,
railroads, or turupikes.:,. Indeed, these are
subject to The latter exception, and not 10
tue former, because not appIicabfs.%:a'
The case, e,of river whose nawsable
walers are confined ,qs two States, whether
by dividing or flowing through thens,re-
qnires ai1re particular. and full :explana.
ton. The provision Of the; Constitution, !,
already cited. which exemprs vessels
bound 10 or from, one State from entering,
clearing. or paying dulles in another,
would make all such streams; 10 select,
common highways. of all the Stateas and
bring them exclusively: under the control
Of the federal government, as farias the
power TO regulate' commerce amohg The
States isconcerned ;.,as much 90, Indeed, )
as The. Mississippiiitselfs wefeiit .n6t.for an
other proyisioa ih, 1.-THE same instrument. .
They aHude :tos that which .provides thar
"no. State shall, without the consent OF
Congress-. enter, ,iuto iauy agreemepl or
compact with another State:;;''t .and (which
Of fcourse permits with such cqqssnD one
State to ectar into cornpact or agreemen.
with another. :,.iI.. u 80 g.,s e.,,,,i
sl.ssT o understand the intention ofi.he fra,
tmefs Of the Constitution for Inserting this !,
provision, and. its bearing nhpthe point
:nnder considerations, II is snecessarylto view !,
itin connection with anoiher provision oS,.
hesinstrumeat, already cited. Ehey fes
;feElu that which the SSsafes afrnSiss
seliatiEg eta 4 <s
-.anS SI.case-lrh lrhatoveT; TpsainIx
becaaseit would be ;,bolh dangerous and
inconsistent with their federal I'reIa,ions To-
permit IT,. In order to prevent so iimpor- !.
,ant provision from bsing elnded, tho
provision Immediately unde. censiderarion
was inserted, iprohibiins the States from
entering intp agreements, Or conpacts 10
any caseIwhateye,, except one. Stale with
another. State, or:with, a foreign power:
aud lo'preYent.he abuse even oflhat linn.
lied power, 1he'consen, of Congress is re-.
quired.'. Such is the prohirion, and tho
reason. forii. The reason for The excep.
lion is, thai without il the prohibition
would substitute the federal iautboritr for
that Of the Statss, for the adjustment aud
regulation 0f all the various subjects in
WHICH, the several STATES may have ma-
tual interest in adjusting and regulating,
including such as the one uuder co onsidera-
lion. and thereby would give greater OK
tension and minuteness 10 The authority Of
the federal government than was desira.
Bile or consistent with the objects for which
i was instituted. Under the exception il
is left 10 the States, when only two are
interested in The, navigation Of river, or
any other object. to take il under their
own exclusive jurisdiction and control bv
an agreement or compact between them,
with The consent of ,Congress as much so
as il: would be under that Of one, it was
exclusively 10 one instead Of
extending 10 two. -. !, ,.s,
1.-The case is different. where three or
more States may be directly interested in
the navigation OF a river, Such cases are
withGrawn from ihe control of the States,
and are embraced by the power of Con-
gress to regulate commerce among The
States, for REASONS too obvious 10 repeat,
a ter what has been stated. lis ouIy ne.
cessary 10 add, in this connection, the rea...
sons are as appIicableto the rivers falling
into the ocean. and The. lakes, including
their gulf aud bays, as 10 those falling into
the Mississippi and its tributaries.
"Your Committee will next proceed 10
consider W neither harbors. OF canals around
fallsor other obstruc,ions of the Missia.
sippi. includingjls great tributaries. (nean.
ing thereby those in whose navigation
hree or more States are interested.) are,
in the power, taking them 10 the
order they stand. -.
They are of ;. the. opinion that harbors,.
except, fm. shelter or naval stations. are
not. Their: reason for. thinking so is, in
the first place, because, as far as they,
have baen able TO ascertain, the States I'M
The exercise of :ihe: power of regulating
commerce never extended il 10 the im;
or CONSTRUCTION, while colonies.
They have no, been able 10 find a single
Instance, Of the exercise Of. the poweh on
their part which would warrant the cou-
clusion that such: .haEboEs were inehtded