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

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able them 10 mise funds fors improve
ment intimately connected with the con
ycnience Of vessels in port, or to desig'
nate any one more SO than the improve.
ment of the harbof or port Itself We
find accordingly, that the power, as far as
il has ever been used by The Sislos, has
been exercised exclusively TO raise funds
for that purpose, aud that the consent Of
Congress has been freely given 10 acts Of
State legislatures for such purpose, As
carly as 1900, the consent Of Congress
was given 10 an act Of the general assem-
bly, Of Maryland, which authorised the
wardens Of the port Of Baltimore to collect
n duty on any vessel arriving al the same,
Of sixty tons or more, Of sum not ex'
ceeding 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 1857, entitled San act for regula'
ting the trade and laying duties on all
goods, wares, and merchandise, and me-
grocs imported into the State, and also an
impost on Tonnage Of shipping, and other
purposes therein mentioned, as auihorises
duty OF pence per ton on all shipping
entering the port Of Savannah TO be set
apart as a fund for clearing the river Sa.
vannah." The act giving consent was 10
continue in force for s years. II has been
renewed several times as 10 the acts OF
both Of the States, and that of Maryland
is now ia force by renewal so late as
1913. These acts, both OF the State To-
gislatures and Congress, afford conclusive
proof that the intention which they have
assigned to the trainers Of the constitution
for reserying the power to be exercised By
The States with the consent Of Congress is
the ono which governed them.
Having now shown, as they trust, con.
clusiyely, that the power excludes the
construction or improvement of harbors Of
commerce, in contradislinction to harbors
for shelter and the navy, it will not be diff
feull TO show that it also excludes the cut
ting Of canals or the construction Of roads
around shoals, falls, or other impediments
10 the navigation Of the river or its trbu-
taries, as the reasons applicable to the one
are mostly equally 80 10 the other. Thus,
if there be nothing in the practice Of the
goyernmeuts.oi the States, at or before the
adoption OF the constitution, or in the early
practice of the federal government, to jus
tify il in the one case, so there is nothing
in the other So, likewise, the reasons
deduced from the nature Of the power, taat
it is strictly inter diios, so much so as tc
require n supplemental power evempliog
vessels, on going in or out of State, from
entering, clearing and paying duties, arc
equally applicable to both Indeed it ap.
plies, il possible, more strongly, as they
are moro strictly inter dlios in reference
TO such works, than to harbors; and il may
be added, rs an additional reason, that in
dividual iuducement and power are alike
adequate to both. II 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 on
the Atlantic, the gulf the lakes, or rivers
falling into them,
Having now shown what objects are
embraced By tho new power, and what
not, in reference to the Mississippi and lis
tributaries, your committee will dismiss
this portion OF their labor with brief con.
sideration of few restrictions of more
general character, TO which the power is
subject
II has been stated that commerce, in lie.
gal and constitutional language, includes
transit or navigation as well as trade. II
may well be questioned whether it was moi
intended by the constitution, as far as il
relates to the commerce among the States
to restrict il entirely to the leler--that is
transit by vessels on waer, Certain II is
that the provisions connected with, and
having reference TO it, would indicate that
it was so intended; and it may be added
that the legislation ol Congress, in carry
Ing the power into effect as far as youI
committee is informed, is confined to the
regulating OF transit by water, to the ex.
clusion OF that by land, They of course
exclude acts passed for the enforcement OF
the collection of duties and embargoes,
and other restrictive measures Of the kind,
which relate TO the revenue power, aud
questions connected with the foreign rola
tons of the country. Indeed it is dill
cult to imagine how the power to regulate
commerce among the States, restricted as
il is TO their external trade with each 9th.
or, as separate aud distinct communities,
can DO exercised, except where there is a
common highway between them not sub.
iect TO the exclusive control of any one, as
is tho case Of the coast, Of the lakes, aud
Of the Mississippi Where that is not the
case, and a mere line divides States, the
trade between them, in every period of its
transit from one TO the other, is under the
exclusive control of one or the other, in
whichever il may be for the time. Indeed,
the clause of the constitution already re.
ferred to, which provides that "the citizens