The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-08-03
The rrs. question for Congress to determine in each

case is Wheeler HE object 10 be effected is OF national
or simply local nature and II The ioiner, "heluei inc
object he of such nature and magnitude AS 10 require
he eysrion al the immediate power and means Of the
general through ne own omces and sgens or
10 require simply The grant Of means 70 lhe Slae govern
me IT, whose power may DC exrira hiouku hcr agents
TO accomplish the same end
In The latter case. constitutional jurisdiction the
o acted upon in the former il must he assented TO- or
conferred tbs lime being Tor the particular purpose BY
The State upon the general government, il cannot be
exercised; and such power authority over II would
with lis accomplishment there Is warrant for
lis longer continuance under the constitution the objects
over which Congress may exercise exclusive and per.
manent jurisdiction within the States by the cession OF
such Staes being particularly enumerated IN The eonst-
inon, without including any object OF the nature OF that
under consideration Bat that Congress has power ny use
81 The pubic MEANS and with the consent OF the S;aes 10
elect national objects within such States and beyond
their means 10 accomplish be conceded. there is
no meaning IN the plain letter OF The constitution II de-
clares that she Congress shall have power to lay and
collect taxes, duties, imposs and excuses, 10 pay the
debts, and provi Idle for the defence and general
welfare OF tue United States TO regulate commerce with
foreign nations. and The several States TO make
all laws which shall be necessary and proper Tor carrying
into execution the foregoing powers and all other powers
vested by this constitution IN the government oil the
United States, in any department or officer thereof
The intention IN comforting these powers upon Con.
gess for the accomplishment of national objects becomes
more apparent and concusve when we refer TO those
clauses of The constitution which expressly prohibit The
several States from exercising the powers Tor raising
means which alone would be adequate to their accom-
pllshment.
The great mistake has been in claiming for the general
government providing for these Objects the exercise
OF powers irrespective of the power, jurisdiction, and
rights of the Saies-overshadown their peculiar and
just attributes OF soveregnty and which, If continued as
have wound up and fastened by these strong connect
ing links and chains, the powers, influences. and sec
tona interests. as 10 have destroyed the separate and
constitutional independence OF the States.
The constitution declares that 'the powers not dele
gated to the United States by the constitution nor pro-
hbted by il 10 the States reserved 10 the States
uo p or m he pnulp IN hnt
may collect the means and apply them by providing Tor
the general welfare and regulating by opening
and constructing channels OF Tor Ills de-
velopment and prosecution, with the consent OF the
States the national legislature cannot levy or collect tolls
for the either for commercial or other purposes OF
those channels OF communication exercise any other
power which would interfere with the laws, regulations,
sovereign power of the States over the soil occupied
by such channels of communication and hence results
the conclusion. that those objects are COM
peted they should be surrendered TO the States in which
they lie.
These principles being established the next point to be
considered what general rule basis be laid down
upon which Congress may exercise this power. This
be simple, PLAIN. and easily understood to be
elusive; il must be capable OF standing the test which
should, in every instance, be applied by the inquiry is
the object general national, contradlslngushed
from sectional or local, and does the Stale within which
II lies consent to the OF It's soil for such general pnr
tor the Improvement OF ports and haTbers, Tor
the safety and OF vessels engaged in foreign
!-is il for the Improvement of the navigation
OF rvers Tor the safety and convenience of vessels en-
States OF this Union lis for the construction OF canals
roads whose termni different Slaies for
ton part OF either, which is TO serve a connecting
link general system OF INSTRUMENTATION between
different States and great sections OF the country lis 1t
tor removing obvating natural Instructions difficult
ties in the way OF general commercial intercourse IN any
part of the country
The committee believe that where either of these que
res be fairly answered in the affirmative, will only
remain for Congress 10 exercise wise and provldent dis
cTeon Judging OF the ability OF the govern
ment TO undertake any such object, and OF the time for
dong and also to discriminate and Judge OF the ela
tive importance and higher national character and press.
nature OF different objects which may be presented TO
notice at the same time.
Should there remain any lingering doubt as to the gen.
era power OF Congress over this subject as qualified in
the preceding basis II will be removed by sueradtng to
the grounds tor its exercise that grant OF power Con-
gress o provide for the defence, there is
system which the wisdom could devise that would
better supply the means OF common defence" both
against external and internal enemies. than to
support. and multiply those which will connect The
government 10 meet danger promptly al point with
force capable of crushing any hostile invasion wha.
eve:-a means OF common defence" much more COM
plee and unexcepilonabe than OF iOrtihca.
tons that could be devised.
the committee have thus entered upon general view
OF the subject in order 10 vDdcae the principles which
they believe should prevail and which they, with defer.
ence submi, 10 The consideration OF the Senate and j,
only remains 10 apply those principles TO the OBJ
braced IN the bill referred 10 them.
To the constitutional difficulties and objections
TO this BILL the committee have prepared and submit with
this report substitute which. while it provides in
exceponabe for the objects embraced the bill
looks further than the blio the great national interests
involved IN the necessity Tor more ample means 10
come the natural distractions TO the immense and
ing commerce of the western country presented by the
Fails OF the Ohio river
The condition and management OF this canal, which
has been found totally Dadeq connecting chan
mel between The navgabe waters OF the Ohio above and
below the Falls has SO long remained national reproach,
that II - full time some provision should be made to
move the oppressive exactIons upon the navigating and
commercial interests OF large portion OF the nation,
and place the Louisville and Portland canal under the
and control of powerthat oil the State OF Ken
tucky-which would, without doubt, be exercised with
wisdom and moderation; and the committee, from full
consider aiion OF the immense value OF trade and com
upon the Ohio river, and the absolute necessity Tor
have provided in the amendment presented for the
location and commencement OF such canal on the lndi
ana side OF the rver should that State give its assent TO
such undertaking.
Not only the praccabiliiy OF making a canal that
SIDE but the great superiority of the ground for such pur-
pose has been tested by thorough examination and
vey by scientific officer OF the United States, which rem.
aers any delay upon the subject at this time wholly
cessary. The committee believe the necessity for the
construction OF this canal the Indiana sde capable of
passing any boats that navigate the river, is pressing
that they would have presented II as separate
unconnected with the old canal but as ii may have a
tendency 10 concate and reconcile all the interests
the amendment which is submitted 10 the Sen.
ate
BIZ accompanying the report
BE enacted &c, That upon the production of satsfao.
evidence the OF the Treasury,
president and directors OF the Louisville and Portland Ca
nal Company on behalf Of the OF that com pn
snaIls heir hart of