The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-08-27

would think that the constitutions when it conceded Il
the general government jurisdiction such waters
property thus procured. Audit is hard that the advan
age derived from the compact should be made pretex
for exacng support as well protection 1t appears
moreover that the power granted to the general govern
ment OF regulating commerce among the several States,
does not OF itself give the right of making such OUTLAWS
as are demanded by the Chicago convention II we APP
peal to those debates, which are, according to Mr.
Spencer, the proper tests OF the true Of the cons
tuition, shall find the language OF the article in ques-
non to be somewhat more limited in its meaning than he
is disposed TO allow. On the 2lst August f7s7, Mr.
Ellsworth remarked that the power of regulating trade
between the States would protect them against each
other. And Mr.. Madison said shat the regulation Of
indirectly to hinder State from tarng is oWn erports
by authorizing its citizens 10 carry their commodities
freely INTO ne'ghboring State, nt might decline tar
ing exports, order to draiv into its channel the trade of
MS netgbors And upon the 25h of August Mr. Carroll
and Mr. L. Martin expressed their apprehensions that
under the power OF regulating trade the general Legislature
Might Mr. favor parcua, ports On the 18th Of September
should be restrained from laying duties of tonnage for
the purpose OF clearing harbors and erecting light houses
duties which seem at that primitive day. to have been
considered as incumbent on the States Colonel Mason,
IN support OF this motion, explained the situation of
Chesapeake bay which peculiarly required expenses Of
his sori; but Gouverneur Morris was of opinion that the
Sates ere rot restrained from laying Tonnage duties
the constitution then stood He thought that the motion
would imply the contrary and would put the States
worse position than Colonel Mason wished. Mr.. Mad-
the power to regulate commerce The terms iere vague
he said, but seemed exclude this power Of the States
He was convinced that the regulation of commerce was
IN ITS nature ,ndtvsibe and ought TO be wholly under
one authority There not, perhaps, many other pas
sages of the debates relied upon by Mr. Spencer which
afford many facilities TO the proper Interpretation of the
disputed language OF the constitution. There is, how
ever, remarkable exception TO this silence. On the
18th OF September DR.. Franklin moved TO add after the
words posr roads,, in article first, section eight of the
constitution it then stood, "a poicer to proye for cut
ting canals, where deemed necessary" Mr. Sherman OBJ
lected becatse the expenses IN such cases, eod The
Tinted Sas dnd Mf ber qs Vss 70 the ae .s etsre
stead Of being an expense to The United States, they
might be made source of revenue; and he mentioned
the importance Of tactating by canals the eon'muniea
upon the single question of the power to cut canals and
it was lost by rote Of eight States to three Mr.. King,
in the course of the discussion thought the power
cessary concluding, perhaps, with the Chicago conven
hon, that was contained In the right to regulate
merce .tt
Mr.. Clay, in his speech on internal Improvement, do
vered in the House of Representatives March 18th,
1885, made the following remarks
some member has stated what appeared to him con-
elusive argument against the power canals that he
lad understood that proposition made in the convention
than sufficient answer can be made In lie first
place. tie fact itself has been dened and Ihare yet
cen any evidence OF it. But suppose that the proposition
rad been made and overrued unless the motives of the re-
usa to insert are known, gentlemen authorized to
RAW the inference that was from hostility the power
" from desire to withhold it from Congress May
J, the objections be, that the power fairly be inferred
rom some OF the specific grants OF power and that was
therefore, necessary to insert the propositions but that
adopt it, might weaken bring into doubt other incden
al powers not enumeraed!'
The publication OF the Madison Papers, from which
he Of the constitutional debates here given are
aiken, certainly show that Mr. Clay was not altogether
correct in his conclusions; because the object Of con-
ructng these canals distinctly explained and that
purpose was avowed to be the opening OF all easy COM
with the western settlements. And since, ac
ording to the argument eoqueny and forcbly used by
Mr. Clay in the speech already referred to- there is the
same obligation on the general government TO construct
canals in those portions OF the country not favored by
natural facilities for commerce, there s TO render safe
ind convenient the lakes and rivers that penetrate other
,ars of the country it would seem that the refusal of
he States to concede the power OF cutting canals to the
general government does not very well accord with the
which Mr. Spencer has been pleased to at
ribute TO the trainers of the constitution.
II would be difficult to say where the consequences of
he construction of the language of the constitution would
md, if the resolutions Of the Chicago convention really
lid to explain the duty of the general government
There why section OF country placed by its
conformation out of the reach of market should not
all upon the general government for Its assistance
The weaker the pecunary resources-the more thlny
eted the actual population of the dstrietthe stronger
the for calling in the aid OF the national arm
And the locations are nnuerabe in which, there were
tied, if by magic, all the abundance of agricultural
md mineral wealth Where is the assistance Of the gov
rnment to bedened! II it is granted to Buffalo, grow
ng daily rich the chief port OF entry to the vast lake.
rade and enriching the whole State Of New York by the
'roduce poured through the Erie canal shall it be re-
used to the fertile but isolated districts OF Western Viz
nia' One would think that If the State OF New York,
carcely feeling the burden of her public debt in the ac
umulaling income from her internal improvements, per.
nts her chief akepor to ask for charity at the hands OF
he government, she might well at the same time, with
much reason and under the application OF the same
eathful principle, require an appropriation Tor Inc
Widening of the Erie canal and for the construction OF
ystem OF double locks throughout its extent.
1t also seems that there real and substantial differ
nee in principle between erecting upon the northern
axes and on the seaboard light and break
the protection OF foreign commerce, and the construc
ion at the public expense OF such works as shall tacl
ate the communication between the States and that the
ormer may be done without involving by their construc-
ion, the necessity of providing for the latter.
is thought that the construction of light houses and
reakwates does not proceed from the authority reposed
n Congress to regulate commerce with foreign nations
The regulation of commerce ut language used politically
Ices not lose its ordinary sense) certainly means the
Prescribing OF those FORMS rules, and ordinances which
shall control vessels belonging to our own nation and
he vessels OF foreign nations and such language there
ore, applies only in which the regulation pro-
luces effect upon the intercourse itself An act
which has the effect to render the approach OF foreign
vessel to coast safe and easy, certainly does not IN
my way govern the interchange of those commodities
which foreign commerce based The right to erect
hese safeguards depends upon the necessity OF protect
ng by ordinary precautions those sources from which
he public revenue derived. The support of the gov
,rnment proceeds from the safe introduction OF national
md foreign vessels bearing produce into Its portS and
there provision whatever contained IN the con-
ution for the regulation OF foreign commerce, the ne
cessy of protecting the sources OF its revenue would
Justify these expenses
But even if the construction Of the Chicago conven-
ion be correct and the right does exist on the
of the to make harbors upon the lakes
md render the waters navgabe there does