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

win mat the general government has nothing 10 do
me power over that commerce has been retained
by the States respectively, and can undoubtedly b,
exercised more conveniently and benefcialy by
them. lspeak, sir Of maritime external commerce
WIN foreign nations and commerce among the seye
raj States.
will Illustrate by an example. Suppose tn,
STATE OF Virginia should, coniessedly as connected
win foreign commerce, erect light houses ON the
caPes OF the Chesapeake within her aeknow ledged
territory, which, so far from diminishing, increased
10 the last degree the pers Of that vii
any one doubt that, upon a representation 10 thi,
government, Il would have right to order their re
movai, and, n necessary, enforce ill Sir, take AN
other case. Suppose the State Of South Carolina
with view TO the improvement Of the harbor o.
Charleston, and the better aceommod alton Of its for
elgn commerce. the State of Alabama in order to
improve the harbor Of Mobile should actually ere
ate bars al the entrance Of those bareors which in
eommoded or INSTRUCTED the navigation could moi
this government cause their removal, arrest the
progress OF the work by those States, and restore
the navigation as Il previously existed assume
OF course IN all these cases that the States act bonn
tds, with the best Intentions and really design &c
bcneht foreign commerce.; but, in the opinion Of the
general government their works are Injurious. Ia
conflict, then, who can doubt that the general
government would prevail And whyl Be-
cause, sir, the question does not depend upon the
actually beneficial or injurious character Of the
work. That fact may be found either way as
an inlmsierisl lssue- II 10 more nrllsr of opin.
ION, but u depends upon a solution Of the pro-
olem as TO where the power over thematter rests.
The government which possesses the power to pro-
mote, or even TO preserve, maritime commerce car
| ried on between those harbors and foreign nations
or with other States, has Of necessity, and as in
yoved in IT, the right TO prevent all distractions Of
every kind TO Its prosecution and enjoyment. And
that, sir is the general government If this is not
the case, how can this government execute and en-
force the requstion Of the constitution that il shall
regulate this commerce. How preserve il from ut
ter annihiation' For il the States Of South Caro-
lima and Alabama possess such power over their
harbos, every other State in the Union has precise
y the same power TO the hsrbors within its linn
its, and If exercised in the same manner, might
sweep our whole maritime commerce from the
ocean. Sir, II Is no answer TO the dangerous con-
sequences Of the doctrine OF honorable friends
on the other side Of this measure, to say that the
States would never exert such power; that may be
granted; trust they would but the question,
Mr. Chairman, which | submit is, as to the exist
ence Of such power in the States, and that is not
dependent upon the extent to which il may be ex-
ered. II II exist at ALL the degree to which il may
be exercised is purely discretionary. There cannot
then, be any such reservation Of power by the
States. And, sir, have not selected those harbors
because they are entered by our public vessels, in
regard TO which my honorable friend from Ala
bama, Mr.. PArsE,1 takes a Distinction and ad-
mits the power; but | apply the Same rule to any
other harbor In the interior, where commerce with
foreign nations and among the several States is car
ried on, but where the public ships GO; nay,
where there is no foreign commerce, but only mar
itime commerce among the States.
Mr.. Chairman, to the question Of the jurisdiction
Of this government over the Mississippi, the Ohio,
and other great rivers Of the West, assume il to
be where the argument of the honorable gentleman
from South Carolina Mr. RHErTl placed it-upon
common ground with whatever Jurisdiction exists
L.. 49, l. - l. a
country. And, sir desire no better footing for it,
care not whether river flows through ten
States, hve States, or, like barbors, is entirely
within the territory Of single State insist that
for the purpose of regulating maritime commerce
with foreign nations, and among the general Staies
the general government has jurisdiction. Sir, this
government holds that power as a great public and
national easemsnt-the right offree and unnerrupt-
ed navigation for the commerce confded to its care
and control by the constitution. For the same pur-
poses in relation to the exclusively internal commerce
ofa State, that easement is in the States. Il 10 an
essential ingredient Of the power given to regulate
commences for as commerce with foreign nations
and among the States only be successfully pros
ecuted upon a free and unobstructed navigation,
the power to preserve such freedom Of the naviga-
ton is indispensable TO the preservation Of that COM
merce. This special jurisdiction, therefore, must
exist in the general government. 1t is true, sir
that State may refuse TO sell or cede site for
lighthouse, but what power can prevent the gene.
raj government from erecting one on piers in
the river or harbor' The fact of the location
Of the lighthouse being within the limits of State
can make no difference, for having delegated the
power to Congress to regulate commerce with for
eign nations and among the several States, the right
must exist to assume jurisdiction, and exert that
power wherever any proper object Of it may in
vite. Sir, were il otherwise, and this government
could not enter the navigable harbors of State
without stopping at its external boundary, knocking
at the door of State sovereignty, and obtaining per-
mission to enter would be utterly and palpaby in
adequate to execute the great trust in regard to COM
merce with which it is specifically charged by the
constitution. -. ~.
Mr.. Chairman, the States being, then, as con-
tend and hope have shown, Invested Of all power
ever the subject, il it has not been conferred the
general government, 1t has no existence anywhere.
But sir, the States could only be deprived Of this
power by investing the general government with it.
They possessed this attribute Of sovereignty prior
to the formation of the federal constitution, and up
on its adoption reserved all powers not delegated.
1t therefore necessarily follows, as the States
have not retained the power of adopting re-
guations required for the security and facility Of
maritime commerce carried on among them, or with
foreign nations, that it must be lodged in the gene
raj government No one can suppose that so i'm
portant power has been left in allegiance. ... ....
Mr.. Chairman, now propose to examine the in
genious argument Of the honorable gentleman from
Alabama, Mr.. PAYNE,l which, have no hesitation
in saying, condenses in the most plausible manner,
the whole ground Of constitutional objection against
the power TO make the appropriations contemplated
by this bill. We find it masked under abstract
propositions that challenge our assent and enforced
by deductions which, at first yiew seem naturally TO
result from them, while the consequences to which
he traces them truly alarming, not only entering
the interior Of State, but controlling the whole in
land and domestic trade and intercourse of it's citi-
zens 1t becomes us, then, sir, to look carefully to
the honorable gentcman's application of the prnci-
Piles upon which his argument rests. . 80 t,..
Mr.. Chairman, after asserting that the advocates
of this bill claimed the power to pass it under the
clause ofthe constitution ITO regulate commerce with
forciga nations,' the honorable gentleman asked us
what was meant by the words "to regulate COM
merce with foreign nanons'" Could they, by any
legitimate rule of construction, be made to open
river, dig canal, pave road II not, then they
were not incident to the power to regulate com
merce with foreign nations" And why' Because,
as the honorable gentleman tells us, "the power to
regulate commerce with foreign nations is an erir-
nal question, while TO improve river, make road,
or dig a canal, is ain Internal question" He said
hail coul mt uhow the u,aa incident