The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-30

that the tonnage duties and light money exactions
were intended 70 reimburse the treasury for adj
yanoes in support ofghthouses, the honorable gem
deman asks, as IL the Argument against the power
Of Congress was conclusive, "does the bill before
US lay any tonnangc duties 10 reimburse the
treasury for the expense Of making the har-
oors !, proposes" Nov. by wsy OF testing tho
argument, would like TO ask the honorable gentle
men, " this bill did impose tonnage duties TO Inn
prove these harbon, whether he would then for
.h ih 90, appears To me that he would, upon his
own hypothesis, exercise a power unauthorized by
me constitution Sir, how does the imposition of
tonnage duties To deiray the expenses of the Light
house system, affect the question AS TO the power OF
the general government TO erect aud support light
houses, So Ear from the imposition of such duties
furnishing evidences which to hang even doubt
as 10 the power, IL rs an additional proof that Con-
gress deemed their authority perfect ID is double
exertion Of the power. Why, sir, if We have no
power 10 build lighthouses, who will contend that
we can impose any tax 10 deiray the expense Of
keeping them upi Can Congress levy tax to sup
port any object not under the control OF this govern
ment' Can yeu appropriate money for any purpose
IN regard To which you have no constitutional power
TO legislste IL this were 80, YOU might levy
tax 70 make these harbor improvements, although
you had no authority or jurisdiction over them, or
the maritime commerce carried on from them
with foreign nations, or among tho States. You
could levy an impost by toll or otherwise deray
the expense OF keeping up any canal turnpike, or
railroad m The country, while you could neither
construct one, nor exercise any control over il.
therefore submit, SIR, that the tonnage duties and
light money exactions levied reimburse the trea-
sury for advances to support light houses, reaim.,
IN tse opinion OF the Congress that passed those
acts. ths existence OF power in the general govern
ment ever the subject.
But Mr.. Chairman, Il was as evidence Of the ak
istsnce Of a power in the general government TO
erect lighthouses, build piers, and giant similar fa-
eilities to maritime eommeres with foreign nations,
and among the several States, that my friend from
Michigan Mr. McCLELlAsp] cited the act Of 1889,
and not merely TO show that the money expended
on those offsets was drawn from the general funds
OF ne soysrausot "a the treasury, Bat WHISTLER
purpose. For maintain, SIR that Il II wholly un-
important for tho purposes Of the argument based
on the act Of Congress Of 1853, how or where tho
funds were obtained which applied to the sup
port Of these objects; whether furnished by the
Staies, or by the private contributions Of citizens
engaged In commerce. The fact Of the acceptance
ny Congress in the act 1883, Of the transfer made
oy the States Of their lighthouses piers buoys and
oeacons, was itself an exercise Of power by the gen.
erai government over the subject. And whence
sir, was that power derived' Where Is il to DO
fsundS In the constitution only; 1t can exist no
where else. For although State, or any number
OF the States, might execute a grant Of their light
houses, piers buoys and beacons the general gov
eminent, ii would be wholly imperative, unless the
general government had tho authority under the con-
sututon to accept. Il viii not be pretended that
the grant itself could confer any power Of aecspt-
anee; for State invest the general government
with any power, nor can any number Of the States,
unless by amendment Of the constitution. The
power, therefore, must have been conferred on Con-
gress by the constitution, the Of 1885, accept
ing the cessons made. to be made, by the States
of their lighthouses, piers. buoys, and beacons,
unauthorized and void. And yet, sir, who will de-
ny our title to these acquisitions, to others subse
quently constructed, upon which this government
has expended millions Of dollars Who will intro
duce bill for their retrocesson to the several States
within the respective limits Of which they situa-
ted, upon the ground that the action of Congress
upon this subject, extending over period Of ffiy-
six years. has been q continuous usurpation.
Mr.. Chairman, the grant IN the constitution ''to
regulate commerce with foreign nations and among
The several States, )" confers upon Congress precisely
the power in character and degree over each Of
hose descriptions Of commerce; It is conveyed in
dentcally the same terms, for by the structure Of
the sentence the words ITO regulate are equally ap-
pcabe to commerce among the several States" as
TO commerce. with foreign nations" No ingenuity
can suggest any distinction. Whatever, then, we
can constitutonally do for one Of these objects we
may for the other, il deemed expcdent and necessa-
ry. So that II the government can protect and
courage foreign commerce without transcending its
power, il may afford the same meas
ure Of protection and encouragement TO com 1erce
among the several 6tates No idst or sound rae of
can enarge Our powers in this respect
for the advantage OF foreign commerce. and narrow
restrain them ID TO comherce among the several
States And, Mr.. Chairman IL was with this view
hat have endeavored to demonstrate the authority
81 Congress to make appropriations to improve our
harbors for the safety and facility of foreign COM
nerce; because themes deducea like power applica
Die to commerce among the several States. My hon
,rable friend from Alabama Mr.. YAscEY] will now
perceive the answer 10 his question. do not claim,
.ir, the power 70 improve the hafbor at Havre do
Grace, under the authority to rsguhte foreign COM
hat power by the Improvement Of harbou where
foreign commerce hoats, as evidence Of the exist
snce Of similar power, under the constitution,
which Ii applicable TO the Improvement of harbors
where maritime commerce IL carried on among the
several States. And this, sir, trust that have not
Propose, then, Mr.. Chairman, to close my re.
Marks by briefly recurring to one other evidence Of
he exercise of the power to facilitate and
ICE foreign commerce .-...-..
Sir, what ID this government doing every year for
he benefit and advancement Of our foreign commerce.
IN the depth Of winter, when the mountain waves
ire msdy bursting on the shore, your revenue ves-
es ordered cruise along the bleak coast of the
Atlantic, to afford relief and protection to this COM
nerce. The government vessels exposed, the time
fits officers consumed, its means expended, and
his not merely to rescue the stranded mariner and
eef, or lashed to parts Of the wreck, drifting on
he wide deep sea, object well worthy the treasure
If the nation, but to secure and preserve the
:handise Of the opulent importer or corporate UNI
lerwriter. u.a.. -l......
. And whence, Mr.. Chairman, is the power de-
lived to send the public ships and squadrons to for
ign stations-into the Pacific to protect our whale
ishery, to cruise among the West Indies, in the
Mediterranean, the East Indies. indeed everywhere
,pon the open, unbounded sea, for the security, pro-
ection, and extension Of our foreign commerce
.ruises by our ships and squadrons that sometimes
,ost as much in a single year the total of the
made by the bill under consdera-
ionl--an expenditure made for the avowed pur-
loses Of not only afording proper and necessary
security, but for extending our foreign commerce,
already reaching into every sea- and bringing the
PRODUCTS Of every continent and isle. That this is
he proper and appropriate employment of our navy
10 one will question Then, sir, as the constitu-
ional competency Of the government 70 use the
public properly and officers, and incur heavy expen-
iitures in this way for one Of the objects enume-
ated in the grant is not denied the question is