Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-03-04
IA ff0isllH iiVf EEEiUENCEn.

Internal Improvement. The writer, distinguish.
ed iurist. and now Chancellor OF the State of Della
ware, has by allowing us TO use his proper name
in connexion with the article, ensured for il from
all our readers an attentive perusal.
Having read and considered The reasons assign
ed by the President of the United States in his Veto
Message upon the River and Harbor Bill, am in.
duced, by he importance of the interests thereby
affected, 10 send you few suggestions upon the
subject.
The President has expressed il as his opinion
that Congress cannot appropriate money for the I'M
povement Of the harbors and navgabe rivers Of the United
States In this conclusion he says he is fortified by the fact
that the constitution indicates process by which habos and
rivers within States may be improved, process not suscep
BILE of abuses, that will necessarily flow from the assumption
of the power improve them by the General Government
The constitutional process be derives from the proviso that
s'no State shall, without the consent Of Congress- lay any
duty Of tonnage " and in support Of his position adver
the debate Convention which no doubt occurred but could
only have related State interests The President considers
it obligatory upon State levying and collecting tonnage
duty under the provso. to apply the same TO the improve
OF habors and rivers within the State, when the object
for which the expenditure is TO be made is not prescribed
agree that inference he has made the only legitimate OBJ
ject Of appropriation when within State, but il only be
for Stale benefit that the duty be levied and applied
this qualified and subordinate right, exercised with consent
imposes State the obligation to eSend for State purpo-
then must be consequence that the absolute
and unqualified right Of Congress levy and collect tonnage
duties in all the States Of the Union also be subject 10
the obligation expenG the same, much thereof
be required for similar objects OF improvement m the harbors
and rivers Of the United States for national purposes and in
such will benefit the commerce and navigation of
the Union.
The construction have given the provso assigns the
proper effect and operaton and allows State action with the
consent Of Congress- to take of local State objects of
improvement without mparng the unqualified power of Con-
gres which exclusively embraces within lis sphere Of action
the interests that natl nal.
The error Of the President will be apparent by reading the
entire clause under the proyso for his construction be
pcabe TO the first part il must be equally TO the residue
Section 10 Of article OF the Constitution the United States
says sNo State shall without the OF Congress- lay
amy duty OF tonnage keep troops ships Of time Of
peace enter into any with another State with
"a foreign Power, engage in war; unless actually invaded.
or in such imminent danger will not admit OF delay"
II certainly would not be proper 10 conclude, from this
clause IN the constitution, that Congress had power ap
poPraie money to keep troops ships Of in time Of
peace or that the treaty making power is thereby rendered
nugaory apPrehend in this the legal rule nosc.r
the President has erred in designating the action OF Congress
an assumption Of power.
shall now advert TO the Presidents msconcepon of the
poviso when he regards this qualified right as embraced in
the reserved powers Of the States For the purpose Of under
standing The principle, may be well define The power by
which tonnage duties can be levied and collected Il pre-
rogave gh belonging and the sovereign power
having maritime jurisdiction, and contrary 10 the law OF
nations The mode and Of exercising the right de-
ponds upon legislative action which may regulate but cannot
confer or extngoa the power right Under the Articles
Confederation the States had coexenvey with their mani
une jurisdiction this power right sovereign States and
their Legislatures regulated the thereof and oppro
paed the proceeds OF the tonnage duty each respectively 10
improve their habors and rivers By the Union and under
our present constitution the right power has been granted
by sovereign States and vested in the united sovereignty and
the instrument, containing The grant provides by reseryng
any part Of the power as an original power be exercised
according the sovereign will Of the State but by an express
stipulation Of all the parties in the form Of prov.so necay
ing the right Of the State and making it, action subordinate
and dependant the consent Of Congress Hence il appears
the sovereign right power vested exclusively in the Uni
ted States and the Proo has the effect which the PIes
dent attributes to when he says There safe provision
for the improvement # harbors and rivers in the reserved pow
ers OF the States On reflection be perceive that the
power and is exercise distnct and that legislative action
which Is independent differs from that which is subordinate
and dependant on the consent Of Congress.
The distinction isapparent When ganor reserves right
Of entry, he may enter s jris but if he inserts proviso
that he shall not enter without the 81 the grantee be
has reserved nothing and only acquire right BY obtain
ing The consent pursuant to the agreement
Having acer'aEed the right power TO be vested in the
United Ses and the exercise thereof Congress 10 be con-
stituona shall aiver the obligation which neces
sariy results theteifom have remarked that The ,h ~
levyng tonnage duties Is contrary 10 the law NJ Nations
and by the writers maritime law considered 10 be m m
paid by the ship vessel 70 the sovereign having ,,;
jurisdiction the territorial Seas far he
expense incurred in constructing and maintaining ph,boe.
beacon buoys, and such improvements a. are beneficial ana
conducive TO the and safety Of commerce and
The duty paid for specific object upon the same principle
that the traveller land pays toll for The use Of turnpike
bridge The right demand and collect the toll imposes mn
on the recipient thereof the obligation keep in good ord
and repair the road bridge In like manner the soyeep,
power evyiug and collecting the tonnage duty is bgund to i'm
prove and keep good order the ways commerce and
CATION, aud by 50 doing renders equivalent The tonnar
duty beng PAID into the Treasury Of the United States il car
only be appropriated by Congress and applied 10 suc
harbors and rivers gf the United States being navipabe
may require improvement 10 render their navigation easy an,
safe.
The President asks "May the General Government cx