Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1847-08-20

as seems to be thought possible by the report of
the Committee of the Senate, that is, an exter.
nal commerce existing between the two States,
carried on by laws and regulations of their own,
whether such laws and regulations were adopted
with or without the consent of Congress. do
not understand how there can be a Pennsylva-
Man vessel, built, manned, and equipped under
Pennsylvania Laws. trading as sucn Pennsy-
vania vessel with New York or MARYLAND, or
having any rights or privileges not conferred BY
acts Of Congress and consequently that the
idea is unfonnded, which supposes that when
only two States are interested in the navigation
of river, or its waters touch only the shores of
two States, the improvement of such river is
excluded from the power of Congress, and must
be left to the care of the two States themselves,
under an agreement, which they may enter into,
with the consent of Congress, for that purpose.
In my opinion, the provision of the Constitu.
ton which forbids State from entering into an
alliance, compact or agreement with another
State without consent of Congress, can draw after
il no such conclusion as that, with the consent Of
Congress, two States ought to be bound to i'm
prove the navigation of a river which separates
their territory; and that, therefore, the power of
Congress to make such improvements, is taken
away. A river flowing between two States, and
two States only, may be highly important to the
commerce Of the whole Union. 1t is sufficient
to say, that the whole argument is founded on
the notion that the Constitution prohibits more
than two States from entering into agreements,
even WHh the consent of Congress. This is
manifestly untcnable. The Constitution extends
as fully to agreements between three, four or
five States as between two only and the con.
sent of Congress makes an agreement between
five as valid as between two. IT, therefore, two
Stnfp inn ri tyth 10 IF
Congress, so can five or more and, if it be a
sufficient reason for denying the power of Con-
gress to improve river in Il particular case,
that two States can, themselves, do it, having
first obtained the assent of Congress, it is an
equally valid reason in the case where five or
ten States are concerned. They, too, may do
the same thing. with the consent Of Congress.
The distinction, therefore, between what may
be done by Congress, where only two States
are concerned with river, and what may be
done in cases where more than two are so con-
cerned, entirely vanShes. ] hold the whole
doctrine of the repor, of the committee. on this
point, to be unsonnd am also of opinion, that
there is no difference between the power to con-
struct a pier, and the power to construct a har-
Dor. think that single pier, of itself. affords
a degree of shelter and protection from winds
and seas; that two parallel piers make har-
]
ted, it is no extravagant stretch of constitutional
power to construct another. In fine, | am of
opinion that Congress does consttutionally pos
scss the power of establishing light houses,
buoys, beacons. piers, break-waters and harbors,
on the ocean, the gulf, the lakes, and the nav-
gable rivers that it does constltutOnally pos
sess the power Of improving the great rivers of
the country clearing out their channels by deep
ening them or removing distractions, in order
to render navigation upon them more safe for
life and property; and that, for the same reason,
Congress may construct canals around falls in
rivers in all necessary cases.
III this authority, in my opinion, flows from
the power over commerce, foreign and domestic,
conferred on Congress by the Constitution and,
if auxiliary considerations, or corroborative ar
guments be required, they are found in two
facts, viz: LIST. That improvements, such as
have been mentioned whether on the ocean or
the gulf, on the lakes or the rivers, are improve
| ments which, from their nature, are such as no
| single State nor any number of States can
make, or ought to be called on to make. All
| idea of States undertaking such improvements
| is, in my opinion, preposterous. And, in the
second place, as all the revenues derived from
commerce accrue to the General Government,
and none of it TO the States, the charge of i'm
| proving the means of commerce and commercial
toned, properly devolves on the Treasury Of that
Government, and on that Treasury alone.
| | shall not trouble You. gentlemen, with any
farther reference to opinions expressed by me
N the subject of llarbor and River improve.
| nents. Every successive year, and may say
| 've.y successive month, strengthens and con
| firms these opinions, and feel now, as have
always felt, that in the end they must prevail
md that end think approaches. At the las
session of Congress. Ilarbor Bill similar il
principle to that of the preceding session passet
both Houses of Congress: bnt it passed within
the last ten days of the session; the Presiden
saw fit to retain it; and of course it did no
become law. suppose there is no doubt, tina
the repeated loss of this great measure, by tn,
refusal of the Executive Government to co-ope
rate in it, has been the immediate cause of tn
calling the Convention at Chicago. | wisl
all possible success and favorable results to tn
deliberations of that Convention. 1t NAV,
trust it WILL do much good 1t may hasten tn
triumph of cause, which is most assured
, destined to triumph. A great ma jory of tn
, People are satisfied that the power to make thes
| improvements does exist in the Government G
the United States and that it is the bonnde
duty of the government to exercise that power
A The will of the people is ascertained it cannc
: be doubted and it will prevail. Not to mer
!. ton other cases, Task if any one imagines, tht
n an enlightened community wU longer consen
e that the shipping and commercial accommodate,
Of The cHyof Buffalo shall al be pem up in h
,. narrow dimensions Of Buffalo Greek q or doc
IS any one suppose that any government, or an
a. administration, can receive support and con-
=. dence, which refuses all Harbor improvement
to the city in which the Convention is now to a
,r semble Chicago, commercial place of r
,e cent origin, is already large city. 1t is Il
IN seaport of Illinois It's now accessible by We
4 sells from the Atlantic Ocean. 1t is also on
10 great line Of internal communication from Bo
n. ton and New York to New Orleans. Shall
w have no convenient harbor ? shall it be able
c. afford no safe refuge for property and life, fro
in the storms which vex the Lake
b. You have been pleased gentlemen, to call
re Convention without regard to the distinctions
TX party. am glad oft. am glad to find tn
n 1t is believed that persons belonging to par
IS. which, heretofore, as a party, has strenuous
of opposed Harbor Improvements, are now real
nd to Join in measures for their support. | have
ar doubt that this is true. | have no doubt esI
lis claily, that among the younger part of our f
he low citizens, who have not been, in times pa
Al hopelessly committed on these subjects. a il
or and unprejudiced opinion is fast making its wa
n, The truth is, that of the two great parties viii
AT have divided the country, one has been for
n ternal improvements, and one against them :