The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-16

with foyeisD natonsto wit: to make treaties to send
receive ambassadors other public ministers and consul
~, No. 49, pa l r.ei.. ana floh's' eS1 attons
regulate ieTcign eommeTee including power 10 PEohDI
after the year lsls the importation ofslayes'
You find la the above list of specifications, whIc
arc naturally inferred and deduced from the pow
er 10 regulate commerce with foreign nations, ~
power 10 build harbors, or dig canals, or lsngthe
rivers for the benefit Of foreign commerce. IL onii
preserbes power 10 regulate the manner In whlcl
our intercourse with other nations should be conduct
cd.
As to what that other branch OF this clause means
which gives Congress power 70 regulate eo% @hH,is
saws: SUnder this head may be included the par
Iticular restraints imposed the authority OF tn
States, and certain powers Of the judicial depart
nent, !" &c,
The defect Of the power in the existing toniedsraey
rssulsts the commerce between It's several members Il b
number Of those which have been clearly pointed on
saPssnsss sr{ %sis, Sn, 9Sise, o. ms Pows
ether states from the Improper contributions levied 81
them BY the latter"
| This is the sole view pointed out by the distin
guished commentator Ii wss the sole reason fo
the insertion Of the power; experience Of the kind
having proved It's want In the articles Of confeder
1 ton. Dr..
| ! will briefly urge another view Of this subject
The friends Of this ball contend that Congress hai
the power TO purchase canal within the juTisdlc
ton OF one Of the States and TO exercise exclusive
| jurisdictionoy over H. Among the specified powers
given TO Congress is TO make certain purchases
and 10 extend the federal control over them. IL Ia
the following:
ITO exercise exclusive legislation in all cases what
soers such district mot exceeding ten mes square
as may, by cesson OF particular States, and the accept
BY Congress become the seat Of government Of the
United STATES and to exercise like authority over all places
which the shall erection ottOs
| arssnals dock yards and othet useful tuilliGsS"
Now sir, in the above, the constitution with clear
precision, points out such places as you may Eek
ercise exclusive legislation" over. With a partcu-
lariiy TO be well noted il specifies even the small
piece Of soil necessary for dock-yard as one Of
the lots which you may purchase and exercise au-
thority over. And yet IL any such powers Of imp-
cation exist in that instrument is conended for,
would il not have reasonably been deemed one to
purchase u piece OF ground TO build dock yard
upon, fairly incident To the power "to provide
for and maintain navylh But the constitution, by
expressly inserting It, has expressly forbid
you in that article from purchasing any other places
from the States than those clearly and infinitely
specified You cannot then buy OF the citizens OF
kentucky, or the State her canal; nor can you ex-
ercise jurisdiction over il.
But we arc asked by my friend from Ohio, Mr.
FARAs, "where then do you get power to build
light. houses, piers, and place buoys, &c" | an
swer, under the above-recitod power and the
power "to provide and maintain navy" for
you cannot maintain or preserve your navy,
unless you have properly improved harbors for
II 20 float IN, protected from storms or Superior
CT emy; and you must have lighthouses to guide il in
darkness and stormy weather, and buoys to mark
the channels As far as doing this for the legitimate
purpose of wing your navy shelter and protection,
SO far and only ao far can you accidentally flor
dislike that word Incidentally benefit commerce.
But under this clause, IL was never Contemplated
that vou should ,rnp xuba of
war never floats in the very heart Of republie
nor TO build harboTs where nature has not already
roughly butpainly moulded one, or indicated its
necessity.
Under this clause, in accordance with the desire
of the legislature Of Alabarna, have offered, as an
amendment to the bill, clause to appropriate
$50, 900 TO the improvement of Mobile harbor. II
IS one OF the only three good barbors the Gulf
of Mexico, from Florida 10 the Sabine. Your navy
requires It's passes be slightly deepened TO enable IL
to resort there at oil times IL 10 the outlet Of
great rve-, which watts to the commercial mar; at
its mouth cne-hfth Of the cotton made in the
Union, and which can furnish to your navy, when
needed, men and provisions. In the ports of great
maritime commercial marts il is expected your
navy will ride, both for the protection of commerce
and for recruiting and rehtting.
Ii this principle is correct, then the remark of the
same gentleman that "if Congress can erect light
houses, build piers, &c. on the Atlantic coast, it
can draw out snags and remove rocks in the way of
commerce in the rvers'' is sufficiently negatived.
Commerce rightfully demand of us no aid, cave
laws to regulate Its transit and navy to protect it
in its passage from port to port.
These views Mr. Madison carried from the hall
of the convention to the executive mansion and We
toed, during the last days of his administration, a
bill having for its objects Improvements such as are
by this BILL In that paper he says:
The Legislative powers vested in Congress specified
and enumerated in the 9Th section OF the LIST article of the
to be exercised by the bill among the pow
or that falls by just within the power to
ton those or other powers vested by the constitution in the
government of the United States The power regulate
to construct rouds and canals and improve the
CATION Of watercourses in order to facilitate promote and
departing from the ordinary import OF the terms strength
ened by the known which doubtless led to
o refer the power in question to he clause to provide
Tor the common defence and general welfare would he con
ton as rendering the special and careful Of
powers which follow the clause nugaory and improper
Mr. Monroe, too, has left us his recorded opin-
ions unfavorable to this system. In his veto of
bill relating to the Cumberland road, he said that
Congress, in appropriating money, was restricted
by the duty to appropriate il to purposes of COM
mon defence, and Of general, not local. national, not
State benefit"
What general and NATIONAL A navy, Il
would answer--all necessary means for its equip
ment, repair, and preservation; and, to this end the
improvement Of the necessary harbors the building
of dry-docks, armories lighthouses, and the pla.
cling of buoys. 1t protects your commerce from
enemies in war, and from piraeies at all times.
Of this object, too, may be considered forts, bar
I racks, arsehals, and foundries. .'..a,
But surely il cannot be considered an object Of
general and national benefit to dig out hsrbor an
nually, which the winds and waves annually refill;
nor to lengthen in the heart Of your nation, rivers,
and dig canals, for the purpose of private gait
The bill before usproves that these remarks are not
unfounded. By reference to the original estimate
for Of these harbors it will be found that they
have already swallowed up, in some cases ten.foId,
the amount originally deemed necessary to make
them all their friends desired.
From an able speech of my friend from Missis.
sippi, Mr.. rHoMrsns,] made upon a harbor and
river bill, May l6, 1874, gather the following
facts:
'' Original AMT ex.l I'm Hno un
estimate pended. eJ for
Improvement of harbor OF
bunkiTk sa37os ss7,7is $4,000
improvement OF harbor of
Buasio 1881 2ls77o 1000
INN of barbor Al the