Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-12-12


NM WEBsTrR presented the list referred to- which, print
exhibits nearly column Of items Of appropriation made dur
ing the Administrations OF Gen. Jackson and Mr. VAN bU-
REM which of the nature and many for the same
objects, as those vetoed BY Mr. PoLK
Now, have placed before you the bill, Continued Mr..
W. the Harbor Bill passed both Houses last session
Some of its read by my friend me, Mr.
Homes and let add that have caused the assets OF
pendure and appropriation IN this bill carefully examined
and former Legislation in regard to these several objects 10 be
investigated and state To you the result. Here
forty distinct objects Of appropriation in this bill OF last
session. and say you that out OF the list OF mine,
thirty Of them the identical objects for which appro
praons made under the authority of General Jackson
in his time. Cheers. Well, then, there remains sixteen,
and say you that upon careful examination, will APP
pear that these sixteen objects that have up since the
time of General Jackson, and which Congress thought pro-
per provide for in this BILL every habos connected
with the internal trade Of the country, and therefore strictly
within Mr. Folks rule. Cheers.
Gentlemen leave this question In the free discussions
that have taken place in and out of Congress, the agu
is exhausted The question is, whether con-
vinced and whether TO stand up to convictions
The question is, whether this great West important part
OF the country bearing its share OF all the common burdens
is to be struck out OF all participation in the benefits which
showered upon other portions of the Union Cheers
think not Ii is put already. expect to hear
from the North, the Northwest and the South. But
then, do not rely upon Conventions at Memphis or 81
LousI do not rely resolutions but its consitnonay
unconstutionay rely the disposition OF the people
understand what their constitutional rights and then to
take care that their constitutional rights shall be guaranteed
Gentlemen before leave this part of the subject must
say word upon important report made TO the Senate at
the session. by committee to whom the resolutions pass
cd by the Memphis Convention referred distinguish
ed Senator from South Carolina (Mr. Calhoun) made
elaborate report So far he admits thing done by Con-
gress have been ghy done, and admits any degree OF
authority in Congress to do what has not yet been done,
with him. The rest reject for do not think the
distinctions taken by that eminent at all sound re-
greet that it is my misfortune to differ from him.
M brief. that where
divides two States only States concerned these two
States must make the necessary improvements do not agree
with that do not suppose that it is any matter OF conse
quence whether the necessary improvements are connected
with two States, or four, or only one
II question Of ocaon- is question OF public
importance Look for instance at that portion Of the North
which between two shores both OF which belong to
New York There, suppose, the power OF Congress over
Governor Marcys ovesaugh farm it is Called is as per-
feet as make similar improvement further down where
the river divides the States of New York and New Jersey
This is a distinction without difference
Well having thus alluded in the most respectful manner to
the report the committee of the Senate and not having time
to discuss its propositions any considerable length will
now by of conclusion give to my opinion on all thus
question of making harhos
In nv opinion Congress has the power make harbors
the and the lakes to the full extent to which it has
ever proposed TO exercise such power.
That whether these proposed harbors be judged useful Tor
foreign commerce, only for among the States
themselves the principal the and the constitutional
power given in the same clause and the same words
That Congress has power to clear out Instructions from all
rivers suited to the purposes Of commerce. foreign or domes
tic and improve their navigation and utility by appropa
lions from the Treasury of the United States.
That whether river divide States than two,
or run through States, than two, is wholly
confined State mmatea provided its importance TO
commerce, foreign domestic, be admitted
For example, the North river is navgabe tde-wacr nve
for many miles, while running entirely within the territory of
the State of New York Yet suppose the removing of OF
sucons in this part Of the fully within the power
of
the river where it divides New York from New Jersey.
think it wholly immatea whether proposed improve
in river for commercial purposes be above or below an
actually existing port Of entry
IT, instead Of clearing the rocks and in that manner inn
proving the channel of river it is found better to make
canal around falls which in it. have doubt whatever
Of the power Of Congress construct such canal think,
for instance that Congress has the power curchase the
Louisville canal around the falls Of the Ohio; and that
ought exercise that power if the work can be pur
chased reasonable price and that the canal should then
be free all who have occasion to it. reservng such tolls
only should be sufficient keep the works in repair
to that these propositions all flow from the ma
ture Of Government and its equal power trade with
foreign nations and among the States and rom the fact re-
sung from these powers that the commerce OF the United
States is unit.
have no conception Of any such thing, TO be
thought possible by the report Of the committee OF the Senate
external commerce existing between two States carried
by laws and regulations Of their own, whether such laws
and regulations adopted with without the consent Of
Congress-
do understand how there be Pennsylvania
sell built, manned, and equipped under Pennsylvania laws,
trading such Pennsy vessel with New York Mary
land having any rights privileges not conferred by acts
Of Congress- and consequently that the idea is unounded
which supposes that when only States interested in
the navigation Of river waters touch the shores only
States the improvement of such river is excluded from
the power of Congress- and must be left to the OF the two
States themselves under agreement which they may enter
into, with the Of Congress, for that purpose
In my opinion the provision of the constitution which for
bids alliance. compact,
with another State without consent Of Congress,
draw after il such conclusion that, with the consent Of
Congress- States ought be bound to improve the nav
CATION of river which separates their territories and that
therefore, the power of Congress make such improvements
taken away river flowing between two States and two
States only may be highly important to the commerce Of the
whole Union II hardly be necessary 10 discuss this point
sufficient say that the whole argument Is founded
the notion that the constitution prohibits than two States
from entering into agreements, Nth the consent Of
Congress.
This is manifestly unienabe The constitution extends
fully to agreements between three fou FIVE States
between only and the consent of Congress makes
agreement between five valid between two IL there
FORE States improve rivers with the consent OF Con-
gess, five and, if be sufficient reason for
denying the power Of Congress improve river in pari
cular case that States themselves do it, having first
obtained the of Congress- it is equally valid
in the when five States concerned They
may do the thing with the consent Of Congress The
Distinction therefore, between what may be done by Congress
where only two States concerned with river and what
be done in where than connected,
entirely vanishes hold the whole doctrine OF the report Of
the committee this point to be unsound. | am also of