Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-08-19

able them To raise funds for some imnrove. |
ment intimately connected with the con-
VenIence OF vessels in port, or to desig.
nate any one more so than the improve
fsseat 1.-THE haFbor or port itself. We
lind, accordingly, that the power, as far as
II has ever been used by the States, has
been exercised exclusively TO raise funds
for that purpose, and that the consent of
Congress has been freely given TO acts of
State legislatures for such purpose. As
early as 1900, the consent of Congress
was given to an act of the general assem-
bly, of Maryland, which authorised the
wardens OF the port of Baltimore to collect
duty on any vessel arriving at the same,
OF sixty tons or more, of sum not ex-
ceedlng two cents, for the purpose of i'm
proving the harbor and port; and also to so
much OF an act of the State of Georgia,
passed 1887, entitled "An act for reguIa-
ting the trade and laying duties on all
goods, wares, and merchandise, and ne
groes imported into the State, and also an
lmPost on tonnage of shipping, and other
purposes therein mentioned. as ,authorises
@~-'y - % tS'.~O P~t ION Oh All shiPPIb5
entering the port of Savannah to be set
apart as a fund for clearing the river Sa-
vannah." The act giving consent was TO
continue in force for years. 1t has been
renewed several times as TO the acts of
both of the States, and that of Maryla land
IS now in force by renewal so late as
lS43. These acts, both of the State le-
gIslatures and Congress, afford conclusive
proof that the intention which they have
assigned to the trainers of the constitution
Tor reservIng the power to be exercised By
the States with the consent Of Congress is
the one which governed them.
Having now shown, as they trust, con.
clusively, that the power excludes the
construction or improvement of harbors of
commerce, in contradistinction TO harbors
for shelter and the navy, it will not be diff
hcut Ia show that it also excludes the cut
ting of canals or the construction of roads
around shoals, falls, or other impediments
TO the navigation of the river or lis tribu-
taries, as the reasons applicable TO the one
are mostly equally so 10 the other. Thus,
If there be nothing in the practice of the
governments of the States, at or before the
adoption of the constitution, or in the early
practice of the federal government, to JUS
tlfy it in the one case, so there is nothing
In the other. So, likewise, the reasons
deduced from the nature of the power, thai
1t IS strictly inter altos, so much so as to
require supplemental power exempting
vessels, on going in or out of State, from
entering, clearing and paying duties, are
equally applicable TO both. Indeed il ap
plies, if possible, more strongly, as they
are moro strictly inter dIioS in reference
to such works, than TO harbors; and it may
be added, as an additional reason, that in
dividual inducement and power are alike
adequate TO both. 1t is proper to add, al
SO, that they all they have stated in con
nexion are applicable to harbors and work
of the kind wherever found, whether OF
the Atlantic, the gulf, the lakes, or river
falling into them.
Having now shown what objects ar
embraced by the new power, and wha
not, in reference 10 the Mississippi and it
tributaries, your committee will dismis
this portion of their labor with brief con
sidera,ion of few restrictions of a NOR
general character, to which the power
subject.
1t has been stated that commerce, in lie
gal and constitutional language, include
transit or navigation as well as trade.
NAV we'll be questioned whether it was no
intended by the constitution, as far as
relates to the commerce among the States
to restrict it entirely to the letter-that is
transit by vessels on water. Certain 1t is
that the provisions connected with, an
having reference to it, would Indicate tina
il was so intended; and it may be addeo
that the legislation of Congress, in carry
inc the power into effect, as far as you
committee is informed, is confined to III
regulating of transit by water, 10 the ex
cl0sion OF that by land. They of cours
exclude acts passed for the enforcement {
the collection of duties and embargoe:
and other restrictive measures OF the kIn(
which relate TO the revenue power, an
questions connected with the foreign rela
tons Of the country. Indeed 1t is diff
cult to imagine how the power to reguIat
commerce among the States, restricted a
il is to their external trade with each ott
err. as separate and distinct communitie
can be exercised, except where there is
common highway between them not sat
iect to the exclusive control OF anyone, a
"a the case of the coast, of the lakes, an
Of the Mississippi. Where that is not tn
case, and mere line divides States, tn
trade between them, in every period Of l
transit from one to the other, Is under tn
exclusive control of one or the other,
whichever it may be for the time. lndee
the clause of the constitution already r.
ferred to, which provides that "the cltlzer
of each State shall be entitled 10 al III
of the