The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-12-16

ing only of profuse aud wasteul expenditure but
a potent political engine.
easy TO perceive how the power to deepen every inlet
the ocean the lakes, and make harbors where there
are none be denied If the power clear out or
deepen the channel OF rivers their mouths be admit
ted is not easy to perceive how the power to improve
them TO their fountain head, and make them navgabe TO
their sources, can be denied Where shall the exercise
OF the power, if It be assumed stop' Has Congress the
power when inlet is deep enough to admit a schooner
TO deepen II still more, that il will admit ships of heavy
bnden and has Il not the power when an inlet wall adj
mt boat to make 1t deep enough to admit schooner
May improve rivers deep enough already to float ships
and steamboats,, and has it power 10 improve those
which are navgable only for fiat boats and barges May
the general government exercise power and jurisdiction
over the soil OF State consisting OF rocks and sand bars
in the beds of its rivers, and may 1t not excavate canal
around its waterfalls or across It's lands Tor precisely the
same object'
Giving to the subject the most serious and candid
sderaton of which my mind is capable cannot perceive
any intermediate grounds The power to improve har-
bors and rivers for purposes of navigation, by deepening
clearing out by dams and sluces by locking canal
ing, must be admitted without any other limitation than
the discretion OF Congress, or must be denied alto
gether If il be admitted how broad and how suscepti-
bic of abuses is the power thus vested in the
general government There is not an inlet OF the ocean
or the lakesnot river, creek, streamet within the
Stateswhch is not brought for this purpose within the
power and jurisdiction Of the general government
Speculation disguised under the cloak OF public good
will call on Congress deepen shallow nles that may
build up cities their shores, or to make streams
navigabe which nature has closed by bars and rapids
d
To enrich neghborhood by spending within il the
moneys of the nation will be the aim and boast of those
who prize their local interests above the good of the
nation; and millions upon millions will be abstracted by
tariffs and taxes from the earnings OF the whole people
foster speculation and subserve the objects OF private
ambition
proach to equality among the several States and sections
Of the Union There is no equality among them in the
objects of expenditure, and if the funds distributed
according to the merits of those Objects would be
enriched at the expense OF their neg hbors But greater
practical evil would be found in the art and industry by
which appropriations would be sought and obtained
The most artful and industrious would be the most
cessful the true interests OF the country would be lost
sight of in annual scramble for the contents of the
treasury; and the member of Congress who could pro-
the largest appropriations to be expended in his
district would claim the rewards of victory from his
rched constituents The necessary consequence would
be, sectional dsconents and hearburnngs, increased
taxation, and national debt, to be exnguished.
In view Of these porenous consequences, cannot but
think that this OF Legislation should be arrested
even there nothing to forbid it in the fundamental
laws of Union. This conclusion is fortified by the
fact that the constitution itself indicates process by
which harbors and rivers within the States may be i'm
poveda process not susceptible of the abuses
ry to flow from the assumption OF the power to improve
them by the general government; just IN Its operation,
rupon during than thirty years from the organiza
ton OF the present government.
The constitution provides that no State SHALL without
the consent OF Congress- lay any duty of tonnage With
the consent of Congress. such duties may be levied,
collected and expended by the States We not left
the dark to the objects OF this reservation of power
the States The subject fully considered by the
ventinn that framed the constitution II appears in Mr.
Madisons report OF the proceedings OF that body that
object of the reservation that the States should
not be restrained from laying duties OF tonnage for the
purpose of clearing harbors Other objects named
in the debates; and among them the support Of
Mr. Madison, treating on this subject in the Federalis
declares that
and exports enforced by all the arguments which prove
the necessity Of submitting the regulation of the
ther this head, than that the in which
s,rnin is qualified seems well calculated secure
the States reasonable discretion in providing for the
convenency of their imports and exports and to the United
States reasonable check against the abuse of this scre
ton"
The States may lay tonnage duties for clearing habors
improving rivers for other purposes but restrain
ed from abusing the power because, before such duties
take effect the consent" of Congress must be OBJ
tanned Here safe provision Tor the Improvement of
harbors and rivers in the reserved powers of the States
and in the aid they may derive from duties of tonnage
that both the State legislatures and Congress have con-
in the act of raising the funds; that they in
instance to be levied upon the commerce of those ports
which are to profit by the proposed improvements that no
question of conflicting power jurisdiction is involved
that the expenditure being in the hands of those who
TO pay the money and be Immediately benefited, will be
more carefully managed and more productive of good
than if the funds drawn from the national treasury
and disbursed by the officers of the general governments
that such system will carry with it no enlargement of
federal power and patronage and leave the States be
the sole judges of their own wants and interests with
only conservative negative in Congress upon any abuse
of the power which the States may attempt.
Under this wise SYSTEM the Improvement of harbors
and rivers commenced rather continued from the
organization Of the government under the present cons
tuition. Many acts passed by the several States
llevying duties of tonnage, and many passed by
Congr giving their consent TO those acts Such acts
have been passed by Massachusetts, Rhode Island Penn
sylvania, Maryland Virginia. North Carolina, South
Carolina, and Georgia, and have been sanctioned by the
consent of Congress Without enumerang them all, it
may be instructive to refer to of them. ustra
tive of the mode OF improving habors and rivers in the
early periods of government, to the constitution
atty of which there can be no doubt
In January, 1890, the State of Rhode Island passed
law levyng tonnage duty vessels arriving in the port
of Providence " for the purpose OF clearing and deepen
ing the channel of Providence river, and making the
same more navgable."
On the I'd of February 179S, the State of Massachu
sets passed law levying tonnage duty all vessels
whether employed in the foreign coastng trade which
might enter into the KennebInk river for the improve
ment of the by rendering the passage in and out
of said river less difficult and dangerous"
On the LIST of April, 1885, the State of Pennsylvania
passed law levying tonnage duty vessels ito re-
move the distractions the navigation of the river Della
ware, below the city of Philadelphia"
On the 23d Of January, 1904. the State OF Virginia pass
ed law evyng tonnage duty vessels, "for improv
ing the navigation of James river"
On the 22d of February, 1925, the State of Virginia
passed law levying tonnage duty vessels 'for i'm
proving the navigation of James river, from Warwick TO
Rockets landing"
On the sh of December, 1924, the State Of Virginia
passed law levying tonnage duty vessels for elm
proving the navigation of Appomatox river, from Poca-
hontas bridge to Broadway"
In November 1921, the State OF North Carolina passed
law levyng tonnage duty vessels, "for the pur-
If inlet the end of AlbemarIe