The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-29

u
pose of clearing harbors Other objects were named In
the debates. and among them the support Of seamen M
Madison treating on this subject in The Federas declares
that
"'The restraint the power of the States ever impo,
and exports is enforced by all the arguments which prove
federal councils Il is needless therefore, 10 remark fur
hef on his head Than that the manner in which the
srant Is qualified seems well calculated
10 the States reasonable discretion in providing for tho
OF their imports and exports, and to The United
j ton $500
Ihe States may lay tonnage duties for clearing harbors
improving rivers, or for other purposes but restrained
from abusing the power because, before such duties
ihke elect the consent of Congress must be obained
Here safe provision for the improvement of harbors
rivers IN the reserved powers of the States and in the aid
they may derive from duties of tonnage levied with the
consent OF Congress Its safeguards are that both State
legislatures and Congress have act of raising
me nds that they are IN every instance be levied upon
the commerce OF those ports which profit by tho pro-
posed improvements that question Of conflicting power
or Jurisdiction is invoved that the expenditure beirg in
hands Of those w9 are to pay he money and BE- mme-
productive of good than if the funds drawn from the
national treasury and dsbursed by the officers Of the gen
cral government; that such system will carry with il no
enlargement of federal power patronage and leave the
States to be the sole judges Of their and interests
win only conservative negative in Congress upon any
abuse of the power which the States may attempt. III
gnder this wise system, the improvement of harhors
ana rivers was commenced, rather continued from the
organization OF the government under the present constt
uon Many acts passed by the States levys
duties OF tonnage and many passed by Congress- Civ
Their consent TO those acts Such acts have been passed
Massachusetts, Rhode Island, Pennsy yvania Maryland
Virginia. North Carolina South Carolina and Georgia; and
have been sanctioned by the Congress- Without
enumeratng them ALL it may be instructive to refer to
OF them, as illustrative of the mode of improving harbon
and rivers in the early periods of government
cons,ituionay Of which there can be doubt s4suga
In January, $780, the State of Rhode Island passed
law levyng tonnage duty vessels arriving in ths por.
OF Providence for the purpose Of clearing and deepening
navigable.' IN ~ -.77T-I
"On the 2d Of February l79s State Of
passed law levyng tonnage duty all vesseswhether
employed in the foreign or coasng adewhich might an
Ter INTO the kennebunk rver for the improvement Of the
less difficult and dangerous r, rtalg N
On the ls ofAp 1906 the State of pa ssed
law levyng tonnage duty vessels to the OBJ
srue'ons to the of the river Delaware below the
"on the 2sd of January, 1904, the State of Virginia
passed law eyyins tonnage duty vessels for inn
proving the navigation Of James river. E. as@
On the 22d of February, 1896, the State of Virginia
passed law evying tonnage duty vessels for
proving the navigation Of James river from Warwick TO
Rocket Is landng .... .m...... +. ..s. ..s9 lt-a
passed law leyyng tonnage duty vessels, for i'm
proving the navigation of Appomatox river from Pocahon-
In November 1921 the State of North Carolina passed
law levyng tonnage dsiy vessels for the purpose
OF opening an inlet a, the lower end of Abemare sound,
near place called Nags Head and improving the navea-
ton Of said sound, with its branches and November,
1898, an amendatory law was passed. b to.sssl
on the 2lst of December 1904 the State of South Car
ona passed law levyng tonnage duty for the purpose
of building marine hospital in the vicinity of Chareston
and on the l7h December 1916, another passed
by the legislature of that State for the mantenancs of
marine hospital ~.
"on the 10th of February 1884, the State of Georgia
passed law evying tonnage duty all vessels entering
into the port of Savannah for the purpose Of Clearing the
Savannah river of wrecks and other distractions to the
navigation.
"on the 10Th of December 1904 the State of Georpi.
passed law levyng tonnage duty vessels to be ap-
piled to the payment Of the fees of the and
health officer ofhc ports of Savannah and ST. Marys' a
In tb.G G,atna k.I T.
ing tonnage duty vessels, for the Improvement Of
the basin and 'harbor' Of Baltimore and the river Pa
tapsco.'
'on the Goth of December I791 the State of Maryland
passed law levyng tonnage duty vessels for the i'm
provement of the harbor and port Of Baltimore g
"On the 2Sh Of December 1893 the State Of Maryland
passed law authorizing the appointment of health officer
for the port OF Baltimore, and laying Tonnage duty on ves
sells to doiray the expenses. .A
Congress have passed many giving its consent to
these and other State laws the first Of which is dated in
$780, and the last in lS43 BY the latter act the consent
of Congress given the law Of the Legislature Of the
State of Maryland laying tonnage duty vessels for the
improvement of the harbor Of Baltimore, and continuing IL
in force until the LIST day of june, 1850 ansmit here
with copies of such OF the the legislatures of the
States the subject and also the Of Congress giving
Its consent thereto as have been collated.
THAT the power was consututonally and rightfuy
ercised IN these cases does not admit of doubt
"The injustice and inequality resulting from concedng
the power both governments is illustrated by several
of the acts enumerated Take that for the improvement
of the harbor Of Baltimore That improvement II paid
for exclusively by tax the commerce Of that city,
but if appropriation be made the national treas
ury for the Improvement of the habor Of Boston, must
be paid in part of levied the Of
Baltimore. The result is that the commerce Of Bali-
pays the full cost Of the harbor improvement de-
signed for its benefit and in addition contributes
to the cost Of all other harbor and river Improvements
in the Union. The fact bu, be stated prove the
inequality and injustice which but flow from the
practice imboded in this bill Either the subject should
be left during the first third Of century, the
practice of evying tonnage duties by the States should be
abandoned altogether and all harbor and river improve
ments made under the authority Of the United States and
by Of direct appropriations In view not only OF
the constitutional difficulty but as question OF policy
clearly Of opinion that the whole subject should be
left to the States aided by such tonnage duties vessels
navigating their their respective legislatures may
think proper propose and Congress fit sanction
This consent Of Congress would be refused in any
where duty proposed be levied by the State was
reasonable, and where the object of improvement
of importance. The funds required for the improvement
OF hsrbors and rivera may be raised in this mode
done in the earlier periods Of the government and thus
avoid resort 10 strained construction Of the constitution
warranted by its letter. If direct appropriations be
made Of the money in the federal treasury for such pu
poses the expenditures will be unequal and unjust The
money m the federal treasury paid by the whole
people of tho United States and h applied the purposes
OF improving harbors and rivers, viii be partially dis-
rbuted and be expended for the advantage OF particular
States, sections localities, at the expense OF others
BY returning to the early and approved consiucuon
the constitution and to the practice under IT. TINS nequay
all the really important improvements be made and as our
experienced proved be better made and at less cost
than they would be by The agency Of officers OF the United
States The benefited by heee improvements oo
vou I'd bear tho cost Of making them upon the same primer
pie that the expenses OF the posi- once have