Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1848-01-06


ton, and for their own private advantage. What is
denomnated river, which maybe improved, in the
system, is equally underlined in meaning. 1t may
be the Mississippi, or il may be tie smallest and most
obscure and unlmpOrtant stream bearing the name of
river which is be found in any State in the Union
Such system is subject, moreover, TO be perverted
to the accomplishment of the worst of political pur
poses During the few years 1t in full operatiun
and which Immediately preceded the veto of President
Jackson of the Maysvile road BILL instances were
numerous of public men seeking TO gain popular ia
vor by holding out to the people interested In partcu
lar localities, the promise of large disbursements Of
public money. Numerous "Reminiscences and sur
veys were made during that period for roads and
nails through many parts of the Union; and the peo-
pie In the vicinity of each were led TO believe that
their property would be enhanced in value, and they
themselves be enriched, by the large expenditures
which, they were promised by the advocates of the
SYSTEM should be made from the federal treasury in
their neighborhood. Whole sections Of the coun-
try thus sought to be influenced, and the sys-
TEN fast becoming not only of profuse and
wasteful expenditure but poten; political engine
If the power to improve harbOr be admitted, 1t is
not easy to perceive how the power to deepen every
inlet the lakes, and make harbors where
there none, be denied. If the power TO clear
out or deepen the channel Of rivers their mouths
be admitted 1t Is not easy to perceive how the power
to improve them to their fountain head and make
them navigable their be denied. Where
shall the exercise of power if it be assumed. stop!
mas congress power, Wnen Inlet is deep enough
to admit schooner, to deepen it still more, that it
will admit ships Of heavy burthen! and has it not the
power, when inlet will admit boat, to make it
deep enough to admit schooner May it improve
rivers deep enough already to float ships and steam
boats and has ii power to improve those which
navigable only for fat-boats and barges! May the
general government exercise power and jurisdiction
the soil of State, consisting of rocks and sand
bars in the beds OF its rivers and may it not excavate
a canal around Its waterfall or across its lands for
precisely the same object!
Giving the subject the most serious and candid con-
sideratiOn of which my mind is capable, cannot per-
ceive any intermediate grounds. The power TO i'm
prove harbors and rivers for purposes of navigation
by deepening or clearing out, by dams and suices by
locking or canallng, must be admitted without any
other limitation than the discretion Of Congress- it
must be denied altogether. If it be admitted, how
broad and how susceptible of enormous abuses is the
power thus vested in the general government There
is not inlet in the the lakes-not river,
creek, or streamlet within the States-which is not
brought for this purpose within the power and jurs-
dIction of the general government.
Speculation, disguised under the cloak of public
good will call on Congress to deepen shallow inlets,
that it may build up cities their shores, to
make streams navigable which nature has closed by
bars and rapids that it may sell at profit its lands
upon their banks. To enrich a neighborhood by
spending within it the moneys of the nation, will be
the aim and boast OF those who prize their local IN
terests above the good of the naton and millions
upon millions will be distracted by tariffs and
from the earnings of the whole people, foster specu
lation and subserve the objects of private ambition.
Such system could not be administered with any
approach 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
were distributed according to the merits of those OBJ
lects would be enriched the expense of their
neighbors. But a greater practical evil would be
found In the art and industry by which apppropria-
tons would be SOUGHT and obtained The most artful
and Industrious would be the most successful 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 procure the
largest appropriations to be expended In his dis
trict, would claim the rewards of victory from his
enriched constituents The necessary consequence
would be, sectional dscontents and disadvantages
creased taxation and national debt never be ex-
tinguished
! In view of these portenous consequences, cannot
but think that this of legislation should be
rested, there nothing to forbid II In the
fundamental laws of our Union This conclusion is
fortified by the fact that the constitution itself ndi-
Gates process by which harbors and rivers within
the States may be improved-a process not susceptible
OF the abuses necessary to flow from the assumption
of the power to improve them by the general govern
ment just In its operation, and actually practced
! upon without complaint or Interruption during more
than thirty years from the organization of the present
i government.
without the consent of Congress- lay any duty of tom
/ mage" With the consent of Congress, such du-
ties may be levied, collected and expended by the
States We not left in the dark to the objects
of this reservation of power the States The sub
ect was July considered by the convention that framed
the constitution. 1t appears, in Mr.. Madisons re-
port of tire proceedings of that body, that object
of the reservation was, that the States should be
restrained from laying duties of tonnage for the pur
pose of clearing harbors. Other objects named
IN the debates and among them, the support of
men. Mr.. Madison, treating on this subject in the
Federalist, declares that
"Tbe restraint on the power of the States over i'm.
ports and EXPORTS is enforced by all the arguments
which prove the necessity of submitting the regua
ton OF trade TO the federal councils. Ii is needless
therefore, to remark further this head, than tha
the manner Ia which the restraint is qualified seems
well calculated at once TO secure the States reasona
bic discretion in providing for the conveniency
their imports and EXPORTS and to the United States
reasonable check against the abuse of this discre
: ton"
The State may lay tonnage duties for clearing har
bors, improving rivers and other purposes; but ar,
restrained from abusing the power, because, beor,
such duties can take effect the consent of Congress
must be obtained. Here is safe provision for thu
Improvement of harbors and rivers In the reserve,
powers of the States, and in the aid they may derive
from duties Of tonnage levied with the of Con
gress. Its safeguards are, that both the State legs
aures and congress have to in the act of rails
ing the funds; that they in every instance b.
levied upon the of those ports which
profit by the proposed improvement; that question
of conflicting power jurisdiction is involved; tina
the expenditure being IN the hands of those who
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