The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-27

that should thereafter "be Admitted into the eoned-
eracy." OF course the national government posses
SEES right OF way on these streams also. Now,
ifthis be so-and doubt bat that the vessels
of the government itself may navigate them---may
not the government contribute 10 keep and preserve
these public highways to remove distractions TO
render them torsrer free? II the government has a
right Of way there, may it not remove distractions
as well on account Of liz own convenience, as also to
promote the navigation OF those rivers by the clll-
zsns ofihe Union in carrying on coumerce' can
| not doubt the right and the power. If tho States
alone have the right to improve, for instance, the
Ohio river, can il he done consistently with this
free right Of wayl Why, sir the method of improy-
/ ing adopted may obstsaet and hinder the nayiga-
ZION within The territorial limits Of State, so as to
destroy the navigation TO many OF the other States
in which no distractions exist. What Is TO be done
them Or the State where temporary obstruction
exists may neglect refuse to remove il. Is there
no power in the general government, either under
the ordinance or for the benefit Of commerce be-
tween the States, TO remove sueb' If there be not,
the free ma yigalon may soon cease TO exist. But
how il possible for States having Jurisdiction only
TO the middle { the river To improve the nayiga-
lion or remove obstruetions' One State may neglect
refuse to do anythng--the State on the opposite
border may 30 act under the pretext of improving,
as TO injure rather than improve the nsyigaInn, and
who can interfere TO prevent ~ These difficulties
uOuDtlcSS IOftSnduOWcu themselves, anu DfOuuOtu
the orddanee Of 1857, under which think, the right
exists to improve the streams embraced IN this BILL
and perhaps others.
But can it be doubted that this great inland avenue
Of trade, continuous from the State OF New York to-
and through the State Of Louisiana, extending across
the Union from north to south, passing between and
bordering on half the Suites Of the Union, is not
national object On which, too, your government
has established ports Of entry and custom-houses-
commercial regulations not only among the States,
but with foreign powerB-and subject TO all the
rules established TO promote the general commercial
intercourse Is It So thus circumstsnced that il is
national but local. Why, sir, Pttsburg, more than
two thouaand miles above the mouth of the Mi-sis-
sipp has for many years, Jeen a port Of entry.
Mr.. VwToS. Forty years ago, under the admin
isration of Mr.. Jefferson, it was made port Of en-
Try.
Mr.. T. thank the gentleman for the date as |
had not adverted to it, | remember Of hearing,
many years ago, Of schooner having been built at
Piusburg She sailed down the Ohio and Misss-
sippi, and crossed the Atlantic to Liverpool. The
officers OF the customs a little perplexed about
he precise locality OF the port from whence she sail
ed but on examining the subject were soon satisfied
that her papers were all regular and right. You
have your custom. house officers and ports Of entry
along this great chain OF navigation You have iIrs-
dction for ceraiR commercial purposes; you collect
imposts and duties; and still il il denied that you
have any authority to remove a snag or pull up
sdWycT Inc vi tho bdUlc loot
ing with the Ohio to the constitutional objection.
Can the mind contemplate this great river the father
OF waters and conceive IL 10 be merely local subject
the control in preserving It's navigaton--and il may
be to the caprce-ofthe States through which il pass
esq Better might the Rhine, the Thames, the La
Plata, the Nile, or the Volga, be thought Of, and
written about being OF less than Of nation
al importance. The sriraraganza Of calling il mare
eiausuu, inland, was not necessary to give II
national character, and TO bring IL within the jnrisdc-
ton OF the Union, az object OF great importance
both as to commerce and defence. But, will now
proceed to another part Of this subject.
II is denied that the general government has a
right 10 improve harbors on the lakes. The gentle
man from South Carolina, Mr.. RHErr,l would con.
fine the jurisdiction 10 purposes Of this sort 10 the
"hgh seas" What authority is there for this The
constitution Of the United States provides that the
judicial power. amongst other things shall extend
to "allcases Of admiralty and maritime jurisdiction
The common law defines that jurisdiction to be appli
cable only 10 the high seas, wherever the tide ebbS
and flows. Ii is because the common law thus de-
fines ii, that the gentleman infers that there is
no jurisdiction in tho government of the United
States, other than where admiralty and maritime
jurisdiction extends | have only to say, sir, that
Mr. Madison, Of the trainers Of the constitution,
denies that the common law adopted a law Of
the Union by the adoption Of the constitution. II
this be and believe it mas never been den
ed then Congress may extend maritime and ADM.
the act Of 1914; and having so DONE adopting the
gentlemen's process Of reasoning, would have
night 10 make and improve harbors.
Mr.. Chairman, Congress has authorized the cree
ton Of lighthouses the lakes and the power to do
So does not to he denied. Now, as an incident
To what power is this done2 To the navy If So
why have these houses been kept up and lighted al
the expense of the government, when there was No
navy 10 be benefited But it cannot be doubted that
the object had in view for the security of
commerce. IL for commerce, it is certainly az re-
mote an incidental power that of making a har-
Dor. And think all will agree with me, if it be
justified as incidental to the power to regulate COM
merce, by providing for its safety, you may erect
piers and remove distractions in the entrances to
your harbors for the same object. Why may not
harbors be improved by appropriations and under
the superncndence of Congress In no instance
have the States objected. The exercise the power
seems to he admitted by the States. Why should
it not be done by the general government The
government collects customs and imposts at most
Of your harbors-regulates the sailing Of your YES.
ses--appoints an officer to register them, and
to issue the necessary papers To egaze their sail
ing, and confscates those going without proper pa
pers-aIl this the government does and yet it is de-
MED that there exists power to appropriate dol
lar towards improving or rendering safe the very
property from which these fmposts collected. If
you cannot improve harbor, remove distractions,
that the storm may have cast in the way Of entering
IL, why erect ana Keep up lgnt-nouseS lour Deacons
would but ''lure to Destroy" if you have no
power to remove accidental and dangerous impedi-
ments in your ports But again, you make COM
nnercal treaty with foreign power, in which all
the ports you possess on the lakes may be entered
under the terms of it. great storm fills up those
located in an advantageous position for trade-you
have no power to appropriate money to reconstruct
and repair thhm-your ports Of entry are thus
closedwl it do to say that their existence depends
upon no national care, but upon the caprice OF the
winds and tidcs1 This would, in truth, be your
only excuse for your inability to comply with your
commercial arrangements, if you could not repair
tho difficulty. But the gentleman from Alabama
MIR. YAHcEV admits if harbor should become
obstruced, the government may remove tho obstruc-
lion. This is true; but 1t comedies the argument
At what point in amount Of labor will you stop TO
be within the constitutional limit at which dol
lar, cent, or mill will you cease to appropriate If
you may appropriate money to clear out and re,
move distractions, it would seem to me that you
might, with equal proprie,y, erect the necessary
works to prevent tho difficulty from occurrng--and
this would be TO make n harbor.
IL. al. L. Al 4