The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-08-03
In SENATE, February 81, 1851.

The COMMITTEE Roads and Canals, 10 ohom refer
red lhe bill Is. 3s1) "io remit he tolls on The United
States stock ia tie Louisville and Portland Canal Com
pany and 10 purchase the sharts Of adsp.dual stoak
holders and 10 make The navigation Of said canal free
have considered The same. andrepo
That they have been deeply impressed with the magn-
tude aud importance OF this subject and have bestowed
upon il their deliberate consideration There can be no
question that the object is essentially national IN It char
acter aud is subject OF regret that this canal has long
continued an instrument OF oppressive exacuon on the
trade and commerce OF the West, and that the United
States, by being extensive stakeholder has been
party 10 this expressions and the committee believe mat
The universal public sentiment calls loudly Tor an lmme
diae abatement OF this supendous monopoly ana LOT an
OF hs When sn
States Of this Union are SO deeply Interested
Although the United States hold large share in the
stock vi this company, they have neither pledged them
selves undermine the proceedings OF lis managers, nor
insure it from injury the one hand, nor to uphold II
as monopoly on the Others nor have they, by such
connexon precluded themselves from encouraging s'm-
lar superior OF overcoming the natural obstruc
ton to The navigation, presented by the Falls OF the
Ohio that may he found necessary 10 accommodate the
immense trade and commerce upon this great national
Il is well known that this canal is contracted its
dimensions 10 accommodate, In proper manner, even
all the boats whose small will admit OF passage
through it, and that large lumber OF boats suitable 10
the navigation OF The river above The Falls are
altogether from this navigation by the small size Vi this
canal TO the injury aud inconvenience OF The tav-
.eng and mercantile interests, and are obliged TO dts
charge their cagoes at much expense and disadvantage
at the foot OF the Falls.
These objections, together with the great expense and
difficulty and the stoppage OF navigation consequent
upon the enlargement Of this canal with the great abil-
lily to disasters entering the descending passage
render it absolutely necessary that another canal, OF mole
ample dimensions aud more egby situated upon The In
diana side Ut The should be provided by the govern
ment as eaIly as practicable.
In this view OF the Case there would he no Interrupt
ton 10 navigation by the present CANAL which would be
caused By lis enlargement and when the great expense
OF such enlargement aud the incacuabe amount OF loss
and expense IN the sop ge OF the navigation and ~ the
land portages from The loot 10 the head OF The Falls,
which would be caused BY such enlargement, consid.
ered is manifest that the necessity and economy OF the
case well as the public interest and convenience, de-
mand that another canal OF more ample dimensions should
be Immediately constructed
Independently OF these considerations, the numerous
boats OF all sizes, and the immense amount OF properly
which constantly ao2t upon this rver the great de-
lays unavoidable IRON having but one canal, and the
liability any moment by the breaking OF the locks
the embankmeni, OF the stoppage OF the navigation, Ien
der highly expedirn and necessary that there should
be two canals al the Falls OF the OHIO.
The completion OF this plan would efecually remove
the existing monopoly and put stop to the oppressive
exaclons OF Toll upon the Louisville and Portland canal
and the committee do not That there any obligation
resting upon The United States TO hesitate in the execu-
OF this plan, omit constructing canal with the
consent the legislature OF Indiana because may al
ec The interests OF incorporated company in The State
OF Kentucky.
The committee, however, would recommend just and
liberal course of policy towards the Louisville and Port
land Canal Company, provided that company should be
willing To surrender It's charter upon the pay ment OF
reasonable and moderate valuation OF the stock BOW In
the hands OF individuals, that Tor the future no other
higher tolls shall be levied than wosd suffice Tor the
and OF the work but for carrying out
this desirable object. the committee cannot give their as
the bill referred to them and now uLder consde-
ration
This bill, in the judgment of the committee, presents
several legal and constitutional difficulties, which would
render its adoption unwse.
In the first place, the United States, being in the po
sition OF individual stockholder undertakes, by the
first and fourth OF this BILL TO regulate and m
independently OF the power and authority OF this compa
ny, incorporated by sovereign State and exercising ITS
authority within tina, State, the tolls 10 be charged OF ex
acted Tor the passage of boats upon this canal Would
this be constitutional exercise OF power by Congress!
In the place, by the second and third sections Of
this bill, the United Safes undertake 10 become the Louis
plie and Portland Canal Company 10 buy up all the stock
Ito step into the shoes and 10 assume the mantle OF col
poraon created by the State OF Kentucky, and 10 eXer-
The precise and peculiar powers conferred by the char
ter upon that company, among which is the regulation
of the tolls upon this canal and although the bill pro
poses reduction of tolls, the same power which would
enact il into law ( consli,u,ona might also be
csed in demanding and enforcing The most exorotant and
Inc committee cannot find in the constitution OF the
United States any warrant for such leg salion Is pro-
posed by this bill, but would prefer mat, upon loe
Canal Company, (Which, under The general power to reg
ua,e and provide for the general welfare, they
believe Congress have the power do) the entire right
cancelled should cease and the custody, and au
thority said canal should revert TO the sovereign
power by which in the first instance created and
reliance must then be placed upon the exercise OF
lature OF that Stale for ae proper regulation and manage
OF that great public highway within bier boundaries
And there would be less TO apprebend any devla
Ton from such OF policy, should canal worthy
OF the national character be constructed upon the Indiana
side OF the ver and rendered when completed to the
care, custody, and authority OF that State also
ms subject has Tor many years attracted public atten.
ton, and has been object OF pecunay interest 10 the
government OF the United States since the passage OF the
act OF the 18th May 1895. authorizing subscription for
one thousand shares Of the stock of the Louisville and
Portland Canal Company. In the opinion of the commit.
ee this very objectionable mode Of applying The pub.
lie funds even IN cases unquesonaby national in their
character, IL converts the government into specua-
ting agent, and, far the amount of stock held by IL
NAV 20, mixes up the government with schemes of
no,oIy, and not unrequeniy lends lis power, indirectly
10 onerous and oppressive cxac,ioDs upon the lawful
trade commerce, aud travel OF the county; and il
tainIy never was intended by the constitution tina, the
power OF the general should be thus used
The basis of the great objection which has been con.
scenously urged gains the exercise oil the power OF
the government 10 make internal Improvements has been
thar il iu,ereres with State sovereignty. and uses the
public money objects OF partial or local character
and IL enhances the objection in no email degree when
The manner OF evc,iog the object dlscoses design on
,ne part OF the government TO remain permanently OF lor
considerable length Of tme in the exercise OF powers
and functions OF municipal local nature reserved 70
the States within whose territorial boundaries they may
be 20 exercised aud thus il has been found bat whole
some public sentiment hss called Tor the REIMBURSEMENT
oil such powers and functions the part of the general
government 10 me States in which they have been exert
Others tina, might be enumerated Th. same public SEN
tment has led TO the adoption OF the principle which has
been acted upon with but little objection in numero in.
atsncps OF placing the means, by grant OF publc