Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1846-12-15

ANN CAdAf,.
That whether a river divide two States. or
more than t vo, OF rua through two States, or
more than two. or is wholly confined 10 one
State. Is immaterial, provided It's importance
tn commerce, foreign or domestic, be admit
ted.
For example the North river is a nlvigablc
tide water uvrr. Tor many mites. while run
mag entirely within the territory OF the State
ol New York. Yet suppose the removing
ot obstruction IN thls part oi the nyer Is a.
fully within the power OF Congress, as the re
moving OF distractions in other parts OF the
river, where IL divides Ngw York from New
Jersey.
l think it wholly imna'erial whe,hera pro-
posed Improvement ia river, i-orCOmmercial
purposes, be above or below an acludlly eN-
isting port of entry.
II INSTEAD OF clearing out the rocks. and in
that manner Improving the channel oi anNer,
n is found better to make q canal around Falls
which are IN II, | have mo- doubt whatever ot
the power oi Congress tn construct such a to
nal. | think, for instance, that Congress has
the power 20 purchase the Louisville Canal.
anound the Falls ct the Ohio, and that 1t ought
To eNerri~, that power now, it the work can
be purchased Tor a reasonable price; and that
the canal should then be free To- all who have
occasion To use Ia, reserying such tolls only
a. should b. suihci-Et ~ keel the YOras in re-
pair.
ltseemst TO M that these propositions al
How from the nature ol on Govorument aud
us equal power over trade with foreign ma
lions, aud among the States; aud from the TACT
resulting tom these pow,s: hat the COM
mercc OF the United States j. a unit.
have no conception Of any such thing as
SENS To b. thought possible 10y the report of
the Committee OF the Senate as an external
1 IN gNt.fanv hafn.,... f,N., Nt.t.. .-
red OH bi laws aud regulations OF their own,
whether such laws aud regulations were a
dopted with, or without the consent OF Con-
gress.
] do not understand how there can be a
Pcnnsylvania vessel, built, manned aud e.
qulppcd under Pennsylvania Laws. trading az
such pennsylvania vessel, with New York or
Maryland, OF having ANY rights or privileges,
not conferred by acts OF Congress, and conse-
quenuy that the idea is uuiounied, which
supposes that when only two States are inter
csted IA the navigation Ola river. or its waters
touch The shores of only two States, the i'm
pr0vement OF such river - excluded from the
power OF Congress. aud must be lett ,u the
care OF the two States themselves under an
agreement; which they may cntrr INFO with
III. consent Of Congress, for hat purpose.
Ia my opinion, the provision ct the Cansii-
futon which iorbids a State from entering iu-
to any a%lli1ncc, compactcr agreement with
another State without CuuS~nt at Conrrcss
Two States ought 10 b. bound TO improve the
naNigaiiuG oi y river, which separates theii
tenttuurs, aud that, therefore the power ul
COngnss 10 make such improvements j. tax
enaway. a liver nOwi Ing between twoSwtcs.
and twu States only. may "a. highly important
10 The M OF the whole Uaion. ltCdu
hardly b. necessary to discuss this point. IL
j. sufficient TO say, that the whole argument
T. founded on the notion, that the Constltu-
uou prohibits more than two States from en-
t'nug Into agreements, even Dih thc consent
OF Congress.
THIS is maniicstly untrnnablc. The Con
s%.iiuiion extends ss fully Ia agreements BE-
tween three. iowr or live Sttivs ~ bctwcei
twooaly; AMI lac cons AT OF Congress makfs
an ogrestnrnt between Eve as valid, at b.
tween TWO. u, therefore, two States eau i'm
prove uvers with thr cops at Oi Congress. -
can ave or mor'i aud u, n b a suihyicnt rca-
-mt tr Denying thc ppvSet OF CumgTvss uT fm
prove a river la a pltticular case, that two
States can themselves 10 IL. having lnt OBJ
taincd thc assent of CJusucss, IL il au tqnallN
valid reason, Ia the Gas. when Eve Os ten.
States ore concerned. They too amy do thr
same thug with the consent oi Congress. The
distinction. therefore, between what may b.
done hy Compress; where nnly two States are
AVftlflltl WIN "A llNfls hliN " llHi litN - NtflN
~ eases where more Than lvo are 50 connect
cd eutirl, yauishc~. | hold the whole doc
tunc ol tl- report of thc committee on this
point to b. uusound. ! am also of opinion
that there 8, no difference between The power
20 c'ns,ruct d pier aud the power TO construct
a hdrbor. ihink that "A single pier, Of IL.
self, ~aIorlSa dtsr r OF SHELTER and protection
lfoin winds aud seas. ihat two parallel piers
make a hasbur; aud that II oue pier may bc
uEhttully constructed. ii j. no cXim,iulut
stretch Of constitutions power 10 construct
another. la tine, ! Avn OF opinion that ON.
gress do-s cOn-tituii0nally possess the power
oi establishing light hpuses. bauys, bcacous,
piers, brakN5tcus, aud hagburs. on the ocean.
tie guilt, the lakes, and the na,igablc rivers,
that it docs coustituliondlly posses the pow
er ol Improving tir great rivers ol the country
CLEARING out lhrif channels by deepening
them ofrm0Ning Obstruction .iu oder rs ryn-
der navigation upon them more slle lHf lite
All property; uud that Tor the same raa.on.
Congrs- may construct canals around falls,
uf rivers. ~ uIl necessary cases.
AL tins authority, in NY opinion. npus
from ihe power over commerce, iurrign and
domestic, conferred on Congress by the cou
sutulon, and II auxiliary considerations or
cuTrOh9niive argument BE- required, they are
found ia two facts, ,iz:
lst. That improvements such as have been
mentioned wh ther on tie ocean, or the gllph
on Toe lakes. az the rivers, ara improvements
which. from lheis nature. are such ~ no sim
ST. State, nor any number of States, eau make
or ought 10 b. called on to make.
All tjca 81 States undertaking such i'm
pT1NrWeutS is. t1 my opinion, Vrepp-terJus.
That 81, al Use revenues derived from com.
mrrcc accrue Co ihe General Government, and
none oil DO On fAe States, tbe charge Of improv.
iIg ihe mrars oi sud COMMERCIAL
intercourse by sieii works a- hHy. beeu men.
it'nfd, prlyedy dftuiyes on tle treasury ct
thlt GovcWneut. and on that treasury alone.
had iuirui,l 90 discuss "a biI az length.
the Pc,ijsuts ,rto at the bill io indemnify
ihe .1lrrn under French Spoiisiigns before
l5JO. ] must omit much Of what ! intended
10 sy on i.at subject ssbut ! will state the
history oft il Hs few urls as p@o-.ilip. aY