The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-09-19

selected whose hearts, well pecuDlay interests,
were enlisted 10 the success OF the enterprise You
would have careful and wel-deyised plans you would
have strict economy in the expenditure OF the money;
and what is you would have every steamboat cap
tain, and pilot and owner interested IN reporting any
waseiul extravaganza in the expenditure oil the money
or in pointing out any obstruction that might inefpose
itself TO the navigation OF the stream You would have
the most strict accountability and rigid economy IN the
application OF the money to the objects Tor which II was
collected.
Then you may take the Ohio river. There are six
States bordering on it-kenucky, Virginia. Pennsyva-
MIA, Ohio Indiana, and Illinois. Suppose each OF these
States should, by compact, appoint one commissioner
the six TO constitute board and that board TO take
charge OF the Improvement OF the navigation OF that
yer the levying OF dulles regulating the mode OF col
lection, experimenting the establishment OF plan lor
the expenditure OF money. You would then have the
work under the direction aud immediate control OF men
interested 10 iudcious application OF the money-men
whose local knowledge and experience would enable
them to devise and carry into effect the plan best adapted
TO the accomplishment OF the object
Sir make assaults upon the Typographical corps.
do not wish to deprecaie either their services their in
telisence. or science. have no doubt they perform
their duties to the best OF their knowledge But do say
that there thing which science taught West Point
or elsewhere has demonstrated and that is what effect
will be produced in navigable water by works intended
to control or restrain Its channel II is matter not de-
pendent upon science. Ii is thing, the result of which
cannot be oreseen demonstrated by the application of
any scientific principles because there many shift
ing bars and currents affected by every storm flood,
which cannot be subjected by any known rules These
bars and currents are generally formed diverted by
substances beneath the surface which invisible to the
eye, each dependent upon causes peculiar to itself The
only men who can tell what effect the sinking OF buoy,
or the construction OF pier, will have upon the chan
nell IS the pilot captain, or owner OF vessel who, for
twenty years. has been IN the daily habit OF watching
The effect OF stoms currents, and empests, upon these
shifting bars and varying channels. You must have
local knowledge, the result of long continued obseva
ton IN order 10 make your money, when appropriated
OF any considerable value to this great navigating in
terest say that all experience has proven that that
local knowledge does not exist and cannot be found
10 in o
clent body of men known to the laws of our country
Il only be fouad in those whose lives have
devoted to navigation and whose observations have been
daily directed 10 the subject
There is also provision in my amendment relating
to certain class OF works Improvements that may be
rendered necessary northern lakes. You will be
told-and if not you ought TO be informed-,bat there
may be, once in while, place these lakes where
harbor OF resge may be necessary at point where there
is no considerable commerce. Besides, in small
lakes, ike St Clair and in the straits connecting those
lakes, II may be necessary deepen the chanDel order
10 enable vessels OF larger class TO navigate them In
order TO meet thus state OF the the amendment pro-
vdes that the States bordering these lakes may, by
compact with each other divert certain per cent OF the
duties collected al the various towns and cities upon their
borders, not 10 exceed four cents ton, and with that
fund may jointly construct such works not prop
ery within the power and jurisdiction OF any State.
/ With these provisions, believe that the system pro
posed by my amendment will be general, uniform, and
efeclual believe that II will give to river and harbor
/ improvements more certain aud efectual system OF
protection than has been furnished by this govern
nent When you come TO trace your legislation on this
SUBJECT you Will ind thai you have never had regular
system Tor the proechon OF navigation You have pass
ed laws IRON time 10 time upon this subject. sometimes
appropriatng money fIom the federal teasuy at other
mesauhorlzng the evying OF tonnage duties al par
ucuar points, Tor iavorle habor or particular ryer
al the same time appropfang IRON the national treasury
Tor improvements at other favorte points. But while
you have passed these acts, and carried policy OF
appropriation from the national treasury IN some parts OF
the country aud tonnage duties In Others they have been
irregular, uncertain, partial and productive oil but very
little good 10 the navigating interest
4 think the time has arrived when we should review
our course on this subject AID establish system which
shall have the merit OF being fair, equal, uniform, and
permanent SO long II shall show that IL is well adapted
10 the accomplishment OF the object The principles
embraced IN the amendment not novel and brought
forward here Tor the FIRST time do not pretend 10 intro
duce new policy into the legislation OF the country.
only pretend 10 systematic that which did exist before
the revolution. which was continued under State author
ny during the whole period OF the confederation, and
which has partially existed in this country from 1870 up
to the present hour, and which, under your present
laws must continue I'LL 1861
Sir, prior 10 the revolution the colonies levied tonnage
duties IN many paris OF the country for the purpose OF
improving their harbos. Under the confederation the
States LEVIED tonnage duties for the construction OF light
houses. buoys, bescons piers and hsrbor and river i'm
proyements. When you come 10 look into the debates
OF the convention which formed The constitution, you
will there hnd that the clause providing that tonnage
ties should not be collected except by The OF Con-
gress was incorporated with express reference TO river
and barhor improvements-wih sole reference 10 the
protection OF navigation by such works might be found
necessary Tor that purpose must call the attention OF
me Senae briefly 10 the proceedings oil The convention on
! this point
/ In the first place, the convention established the prn
cple that the regulation Of commerce was TO be vested
supremely 10 the federal government In addition to this
and the other powers conferred on Congress- DR. Frank
lin proposed, informed the other day by the
honorable senator from Mississippi, Mr.. ABAMs1 that
the constitution should confer upon Congress the power
10 cut canals and the debate shows that this power
intended TO include internal improvements generally
Upon consideration and discussion OF the subject the
venton determined that they would give to the gen.
eral government the power Of making canals and
strucung other works Of artificial improvement between
the different parts OF the republic or in the different States
/ oil ihe Union.
You will find. also, in these debates that Mr. Madison
proposed 10 enlarge the power TO authorize Con-
gess 10 create corporations throughout the Union for the
purpose; that internal improvements might be carried
under the federal authority through the medium OF corpo-
rsons After discussion, that proposition was also yo
ted down and the convention refused TO empower the
federal government 10 construct any work OF internal iu
proyement, either by the direct action OF Congress,
through the medium OF corporations created by federal
legislation take II Tor granted, then, that fair
sIucuon OF that instrument requires that the power
was not conferred and that proposition to confer IT, be-
ing made, after iull discussion voted down by very
large majority o the convention
lhe constitution having given TO Congress the power
TO regulate commerce. the convention proceeded TO the
consideration OF the limitations to be imposed on the
States in this respect These limitations are pregnant
with Information and light touching the true meaning OF
the instrument which they had adopted You will lind
that OF the limitations was that "no State shall
without the consent OF Congress- lay any mposs du-
ties imports or exports, except what may be abso-
uey necessary for executing iis inspection laws and
the net proceeds OF all duties and mposs laid by any
State on imports or exports, shall be for the use Of the