Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-12-21

voca,es of The system should BE- made 'r. ,i, 'ne
Federal Treasury in Their neistoo'' w., ~
sections q. he copuTy wee lN's s,H'''' e.. - "
fuenced an The system Wa 1T o.' ''.'''5 I ,
no. only T.! pru:ns- ant was.c.n =. 81" - = '''
4 rol.nl oiieai en2i"~. :.,
Itthe power 10 improve rather % '.''''''
ilisnel easy TO perceive how the pow! 80 Uc' =
en- cvc,v inlet GA The ocean O, the aGes 5. anu ma"
harbors where there are none, cdA % 'vnl'o. \,
he mower 10 clear Out or deepen he chahhci VI
rivers near their mouths be admitted, IL Is no'
easy TO perceive how The power TO improve 'he,i'
To their fountain head and make them napieao'e
IN their sources can be denied. Where saal Inc
exercise OF the power, if it b. assumed, sop -
Has Congress tine power, when an in!e' Is 'eeV
enough 10 admit sch oner, to deepen !! SUI oi :
so that ii Mi.l admit ships OF heavy oni""'i "'C
has i, not the power, "nen an ''ie' wiz ""'"' 4,
boat. 10 make il eep enousa 10 admil :; schooner
Nav il improve rivers deep enough already 10
0oal .hips and steamboats,, and has il 10 po"e'
10 improve those which are navlcable onY iui
tal boats and barscsf MAY the General 6n''
ernmenl exercise power and jurisdiction Over 'He
| soil of Slate consisting OF rocks and sand oars
in The beds of its rivers, and may 1t MOI excaVaie
a canal around lis waterfalls or across lis Janus
for precisely the same ob]ect!
Giving to the subject the most serious anu can,
did consideration oil which my mind is capable. l
|
power 10 improve harborS and rivers ior puip uses
of navigation, by deepening or clearing Out, ny
dams and sluices, by locking or cana!liDg, masl
! be admitted without any other Limitation man 'i'e
discretion of Congress, or il must be denr"G ai'o
gether. If il be admitted, how broad ana no"
suscep;ibe of enormous abuses is IN" power mus
vested in the General Governments mere IS no.
| An inlet Of tie ocean O! HE lakes, 10! : ,!e:;
creeR or s;rcaml within Tie Sta 9. when }, no.
! brought for this purpose within me power ~" J"-
ris4icion OF ihe General Government.
| Speculation, disguised under the coax Of PUB
lie good. will cal on Congress To deepen shallow
iplets. that il may build up rev cities on lhelr
shores or to make streams navigable which Ma
ture has closed by bars and rapids, that u may
sell al profit its lands upon their BANKS L" en-
rich peishborhoods by spending within II the mo
news of The nation, will be the aim and boast "i
those vino prize their local interests above lhe
| good Of the nation and millions upon mi"i'h>
viii be absraced by tariffs and taxes from NC
earnings oil the whole people 10 foster Speculation
! and srasc,yc me objects Of pfiga'e ambition.
Snrh sys.,m could not he Administered with
any aprroacn TO equality among the sevH' y states
! sni sections of The Union. There Is no eqodhy
among them in The objects OF expenditure, and ii
the finds were distributed, according 10 The meri'S
| nj those obecis, some would be enriched al the
| expense OF their neiehbOrS. Eu' greater prac
,;caI OWL ,ron!d he found in The All aud industry
bv which appropriations would b $0ugb and OBJ
raineJ. Tie ,nosl auiul and industrious WoGh
be the most successful; the true interests OF The
country would be lost sight OF in an annual scIam-
bic for The contents ofthe Treasury, and the mem
Der of Congress who could procure me largest
concentrations 10 be expended IN bis dis'ici,
wopld claim the rewards OF victor. from his en-
riched constituents. The necessary Consequence
would te, sectional disroriyD'| ari hea'ibhrninss,
increased taxation, AMI . naligla. ij5., reEsr 10
DC CX;;'oalShci
In rev If these pa'cniaDs Consequences
cannot IN. ;.;!iE jha ms cof'.e ~ -His ail'u
>hund hs al.-..at, even w-is tLe!" &c. bU. 70
10. bd j, III The iGaGameaa laws ct cas- tn'on
rhIs conclusion IL fortified oF ~" i:ci IN l the
constitution itself indicates d process, hy which
harbors aud rivers within the States may b. i'm
proyed-a process not susceptible OF The abuses
necessarily to flow from The assumption of the
| power 10 improve Them by the General Govern
ment; lust in its operation, and actually pracli>ed
upon, without complaint or interruption, curing
more than thirty years from the ofganizatipi oi
the present Government.
The constitution provides tha, mo Stale shall,
wi'hou; the consent OF Congress, lay any duty 81
tonnage" With the "consenI" OF Congress such
duties may be levied, collected, and expended by
the States. We are moi leit in The dark as 20 the
ohiecs OF this reservation OF power 10 the States.
The subiec, was fully considered BY he conven-
ton that framed the constitution 1t appears, in
! Mr. Madisons report OF The proceedings Of that
body, thai one object of the reservation was, that
The States should no; be restrained from laying
duties OF tonnage for the purpose OF clearing haf-
| bors Other objects were naTcd IN Inc debates,
and among them the support Of scamen. Mr..
Madison treating on this subject in line FEDERAL
| ISL declares that
1.-THE restraint on the power of the Safes over
! imports and exports is enforced by all The ar2u-
mems which prove the necessity o! submitting he
regulation of trade TO the Fedora Councils. Ii
is needless therefore, 10 remark furber On his
! head. than that the manner in Whic ihs rcs,rain;
| is uual,tird seems well calculated at once TO 81
cure to The States = reasonable discretion IN p:o-
y;diug for the coavcn.ency o; heif imports aaG
cxnnf.s. and 10 The United States a reasonable
check a-ains, tie abnse o: til, discretion"
The STATES may lay tonnage dot:cs Tor clear
ing harboIs, improving rivers, or Tor other pur-
poses but are restrained from abusing The pow
eer, because, before such duties can take effect,
The consent OF Congress must b. Obtained. HeTe
is a safe provision Tor The improvement OF harbors
nd rivers in the reserved powers OF the States
and in the aid lhev may derive i!"m d9lies OF tom
mage levied with the Consent Ci Congress. IL
safeguards arc, that boh the S'aie LEGISLATURES
aud Cousiess have 10 concur in The aci Ui fdisin-
the funds; that they are in every instance 10 b,
levied upon the commerce of those pous T;lc'
are 10 profit by the proposed improTemea'; tha
no question Of conflicting noweT orjnfisjicion j.
Involved; that the expenditure being IN the band:
OF those who are 10 pay the money and he im'nc
dialely benefited will be more Carefully managed
and more productive OF good than il The icnds
were drawn from The national Treasury and dis
bursed by the officers OF The General Government
that such system will carry with j; no enlarge
ment of Federal power and patronage, and leave
the States To be The sole Judges Of their o|n wants
and interests, with only conservative negative
in Congress upon any abuse Of The power who,
the States may attempt.
Under this wise system the improvement o
harbors and rivers was commenced or ralhc
continued from the organization OF The Govern
men, under he present constitution. Many act
were passed by the several States lcyYing duiie'
of tonnage, and maay wcfr passed b. CoA"i"s'
giving heir cu"Sen 20 nose acts. Such ae''
have been passed i, .ass7shGssHs. HAc''
Island. Penasytvania, MatY!aHl, Virginia
North CaroiDa, South Carol;ra, and Georgia
and have been sanctioned bY tie consent OF Con
cress. Without enumeTatins them all il MAJ
be instructive 10 reler 10 some Of Them, as illus
tralive Of the mode of improving haTbors anC
rivers in The early periods Of our Government, a
10 the conSiutionai,y OF which there can be NJ
: doubt.
In January, l19o the State Of Rhoie Islant
passed Law levyihs ;unaee dug OF vessels ar
irving in he nott 6! for;dencr, 'ior the purpos
o. clearing and treHcG;nc h" channel o. POW
dcnce rive, an nas'.:. h. SANE more navsabic.
: On the 2nd o February, l79S. the State Q
Massachusetts pa.ssd 4 law icvying toanac
duty on all vessels, whether employed IN he ior
: eign or coasling trade, which might eu'sr in''
3 The Kennebunk river, for the improvement OF tn
same by rendering the passage in and on, o
said river less difficult and dangerous"
r On the Is, oi April. 1905, the Safe Of Pennsyl
) vania passed law levying tonnage duty oil
vessels, $40 remove the distractions 10 the navi
gallon OF The rivei Delaware, below the city q
| Philadelphia"
On the 23d OF January 1901, the Stale OF Viz
gnia passed law lcvying a tonnage duty Of
vessels, "ior improving the navigation oi Jane
! river"
On the 22d of February 1896, the State of Viz
- 10 lou lsvyipp J,,,,