The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-05

rivers where there none before, ana the people
OF our interior high countries, who have 10 trudge
with cumbrous wagons over mountains, through
boys and swamps, in mud and water, TO get their
little produce to market should call on this govern.
men 10 make them rivers, there would be something
of reason or fitness in the application. IL would be
the weak appealing 10 the strong the poor TO the
rich. But with what grace can you, who have the
finest river earth, claim tribute from those who
have none at ALL to make yours stl better than IL is'
Why should you, who have all, 'tako from those
who have nothing even that which they have" II
you are determined TO depart from the rule of the
constitution substitute, in leu thereof, the rule Of
the Holy Scriptures; do a generous and charitable
act. You who are blessed with navigable waters,
join together and make railways for those who can
never have rivers.
Sir, this new doctrine for the great river of the
West, is only another instance Of the tendency Of
government in all things, 70 make the rich richer
and the poor poorer. Ii derives It's whole force from
the impression which grand and imposing objects,
both in the moral an physical world, make upon
the imasinations Of men. II an humble mechanic
should present himself at that door and ask per
laugh in his face. But IL person Of wealth and
great consideration in society should make tho
same request, the doorkseper weuld siagger in the
act Of refusal and you would all feel thai there
something Of propriety IN the request Han indiyd-
ua though of the best cred and undoubted probity,
bhOulu SOllclt US MS pTlnlcu pIOHnbbOIy
note as money, we should all doubt whether he
were in his right mind. But if jont-stock COM
pany Of individuals, under the name of a bank,
should make a similar proposal, we could hardly
find il in our hearts to refuse. Just so in regard TO
the matter under consideration Our rivers are small
and detached, unsustained by each other; your
Mississippi is a joint company Of many rivers.
And it is therefore that 1t claims to stand alone, and
occupy high place in the temple Of the consti-
tuition. Why, sir, should the humber rivers on
this side of the mountains be made 10 bend the
knee as it were TO this monarch river of the West
The prerogauyes claimed by gentlemen are just such
as are eXacted by selhshness joined with conscious
dignity and power, the world over. And the con-
cessions we are so prompt 10 make TO these demands
spring from that sentiment Of slavery, which, too
seems to have place among the instincts Of the
human heart.
Gentlemen tell US this is a national river, and its
imp vement should be national object Sir,
know Of no clause in the constitution which gives
Congress a power to pursue Irrational objects"
The powers Of Congress were not given be-
cause they were national; they national, be-
cause they were given. IL so happens that not one
solitary power enumerated in that instrument
inherently and originally national. What necessary
connexion was there between taxation, money, nat
urazation armies or navies, In one State, with the
same things in another These things were made
national or rather federal, by being granted to the
federal government. II every thing that spreads
over more than one State is TO be set down as ma.
tonal, in political sense, then is.agricuture in all
its branches the mechanic arts, in all their depart
ments and language and literature, the most nation
al Of all things Why not call the Allegheny a ma
tional mountain Sir, Congress has no power that
rests upon the nature Of things its powers stand up
on grants in the constitution.
But it is alleged further that by the ordinance Of
1887, the Mississippi river, with its tributaries
stipulated to remain "a common highway and for
free" to the people Of the several States And
therefore Congress is bound and ha, the po,osr too
TO improve its navigation and deepen its harbors
Now it strikes me that if Mr.. Polk, in a treaty in
relation to Oregon, should stipulate with Great
Britain that the Oregon river should remain "a
mon highway and forever free" to the people of
both nations, it would be thought very strange if
either should insist that the other was bound by the
treaty TO improve It's navigation. | am sure my
western friends would consent that the United
States had incursed any such obligation, 49,. .
There is, however, another excuse for calling on
US to make appropriations for this river. It is pre-
tended that as many States border upon it, no one
State could enter upon its Improvement without in
terferng with the rights of the others. This is not
correct. Any impeachment which simply obstructs
or renders perilous its navigation, is, in the eye of
the law, nuisance; and any nuisance any high
way, natural or artificial, may, by any citizen or
person, be abated. The public roads in State may
be closed discontinued if the State please; but 80
long as they remain public highways, any person
NAV remove nuisance or obstruction, or mend a
BREACH and to take sawyer out of the Mississippi
is clearly the right the personal right, of every
citizen, as to shoot bear or panther. But sup
pose il were So and that the plea of want of iu-
risdcuon be well founded; this gives no right to call
on this government to contribute the money neces-
sary for these purposes. Gentlemen, however, are
mistaken in supposlng there is no provision in the
constitution to meet the case.
The trainers of that instrument foresaw that two
or more States, less than the whole, might have a
common interest in reference to some matters and
in view Of this, any State is authorized, ,oih The
consent of Congress, "to enter into any agreement
or compact with another State, or with foreign
power" This provision was intended to meet the
precise case now before the committee 1t is hard
ly possible that the federal convention did not
foresee and have in its eye, the exact class of
to which the present belongs. 1t is, them perfectly
competent for the States interested in this river to
agree upon a joint commission of officers, for its
improvement, either by locks and canals, or in any
other manner And if they will enter into such
compact or agreement" pledge myself Congress
shall give its Sanction, and confer upon them the
right to do just what they please with the Missis-
sppi and its tributaries. Will gentlemen meet me
on these terms' Or, want Of jurisdiction is the
supposed difficulty, if Congress will pass laws regu-
the States interested shall contribute the money!
This am sure they could do without the consent
of Congress. Will they close in upon either Of the
propositions? No, sir, they would deprecate the
grant of jurisdiction as a calamity 1t would de-
strop pretext for coming here for money. lfthey
already possessed jurisdiction, they would consider
Its loss great gain" 1t is plumber and not Juris
diction that is wanted.
Mr.. Chairman: In comparing the actual admins.
ration Of the federal government, and the state Of
its legislation, with the provisions of the consttu
ton, one is struck with astonishment There new
er instrument 20 simple and direct in III
statements, or so unconfused in its matter ant
method. Its founders could not have made it NOR
so. With the experience we have, should no
know how to go about improving the precisenes'
or proprety OF its language. am not surprised
that Hamilton, everywhere in the Fcderalist, exhib
its such impotence at the cayiings of objectors
He speaks constantly in a vein of sarcastic crit
cism, that thing 80 plain should not satisfy thu
common sense Of every man. How arc we 10 &C
count for many instances Of vital departure from
its true intent and meaning The chief cause il
evident to my mind.
At the very beginning the government fell into tn
hands of some, pledged, believe l may say, Il
bring about gradual transformation of the system
Thus, the first process of administration was prac
tical misntcrpreation of the constitution; and gen
Grated at once in the, populer mind, a wrong habi