The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-09-19
CONGRESSIONAL.
DEFERRED DEBATE.
MONDAY, AUGUST 20, 1852.
I'm coETINuArIoN.l

The Senate having under consideration. in commit.
Zee Of the WHOLE the bill making appropriations Tor The
Improvement OF certain harbors and rivers
TONNAGE DUTIES TO BE LEVIED BY THE STATES.
Mr. DOUGLAS. | now wish to offer the amendment
If which gave notice some time ago.
Mr. SEWARD. viii the honorable senator with
draw until offer an amendment on behalf oil the Com
Mr. BROOKE VIII the honorable senator permit me
N offer a small amendment. which will debate
Mr. DOUGLAS | am satisfied II give way to
amendments now they will lead TO debate | gave way
on Saturday for the same purpose, and lost the oor
thereby will be better tor me to go on now, as the
amendment OF the committee can be offered at any time
Mr. CASS The honorable senator from Illinois [ Mr..
Asl wishes present some peculiar views IN rela
,ion 10 very important subject, which think should re-
ceiye our consideration and but matter OF courtesy
to let him 90 on now. The amendment OF the COMMITTEE
on Commerce can be offered at any time.
Mr. DOUGLAS offered the following amendment to
come in at the end OF the bill
SEC = Aad be ii further enacted, That Congress here
by consents thar each State authorize the public
,hores any city town within It's limits, which may
he situated the coast OF the Atlantic or Pacific oceans,
or OF the Gull OF Mexico, the banks OF any bay
ohe connecting therewt OF on the shores o. Lakes
Champlain Ontario, Ere, ST. Clair, Huron Michigan,
eonnecng with either Of said lakes to levy duties OF ton
mage exceeding cents per on upon boats and
5 o. s or ss% o or me Prop %
funds derived from said duties sha! be expended excu
svey in suacing enlarging deepenlns Improving
thereto at such cities and towns, and shall be APP
Piled oter purpose whatever And proUtded 1rther,
That gler duties shall be charged shall
be necessary for the purposes herein specified and Con-
gess hereby aso, that The several Sss border
ing said lakes, either OF them any OF
said Sa.es, through their joint action by agreement and
compact with each other, may make to be made
such works and structures shall be necessary TO Improve
and render safe and convenient the navigation of said
lakes, either of them, and OF the channels connecting
geter, either by deepening the channels by ar
communications and for this purpose they may, by
uniform rule divert portion OF the tonnage duties, no
exceeding per ton, collected all the and
cities within the States entering such agreement and
compact and in case any canal OF artificial eommunca
sufficient detray the expense of keeping the
repair, bat no more.
.'SEo. - Aad be it further enacted, That in all cases
where any navgable river water may be situated,
wholly part, within the limits OF any STATE, Congress
hereby consents that the thereof may provide for
the improvement OF the navigation OF much OF SAID
shalt be wholly within the limits Of such State
and for this suppose may levy duties of tonuage not ex
ceedng ten cents per ton upon all boats aud
eating the Provided That tho funds derived from
deng and secure such navigation, and shall be APP
piled TO other purpose whateyerj and that more
higher duties shall be collected than may be necessary for
the objects herein specified.
Sac. = Aad be u further enacted, That in all cases
where any naygable river water may be situated in
In part form the boundary Of States Goa.
gress hereby that such States or any number OF
them, through their joint action by and compact
with each other provide lo the mpovemsnt Of the
navigation OF such river and for this purpose,
lay duties tonnage not exceeding cents per
all boats and vessels navigating the Proridd That
the funds derived from said duties shall be expended solely
10 improving and rendering sac aud secure such navga
and shall be applied ohef purpose and
CHER shaft be collected than may be noces
saiy for the objects herein specified"
Mr. President, the late period OF the session, and the
great anxiety OF senators to offer amendments to the bill
admonish me that should take no more time than is
absolutely necessary in explanation OF the amendment
which have offered Ii will be observed thai the amend.
ment contains three sections.
proposes 10 give the consent OF Congress that each
State may authorize the proper authorities OF any town
or city TO lay tonnage duties for the Improvement OF har
bos such places Secondly that Congress consents
that when river is wholly within the limits o State
the legislature thereof may lay tonnage duties for the
Improvement OF such river; and, thirdly, that Con
gress consent that when yer or any body of navgabe
water, may be situated in two or States, mag
form the boundary thereof such States may enter into
compacis with each other and lay tonnage duties for the
improvement OF the navigation OF such nysr or naygabe
water.
This amendment embraces two principles which are
expressly recognised in the constitution and TO which
Will call the attention OF the Senate The constitution
provides tha, Stale SHALL without the oil Con.
gress lay any duty tonnage, keep troops
war IN Tune OF peace enter into any agreement or com
pact with another State, with foreign power, or
gage in unless actually invaded such imminent
danger as will not admit oi delay With the consent OF
Congress. each State may lay tonnage duties. and with
the consent OF Congress- any State may enter into any
agreement compac, with another State or any purpose
specified IN the act giving such consent There can be
question: therefore, 10 the constitutional power oi
Cougfess TO adopt the amendment which have proposed
The amendment is IN accordance with The express terms
OF the constitution hrst IN giving the assent OF Con-
gress 10 the laying oi tonnage duties and secondly In
giving thc assent 10 cOmpacis between t0e Saes shall
show, before conclude my remarks that IL is not only
within the expIess language oil the constitution bat that
~ within the spirit which caused those clauses 10 be
adopted by the convention, and Incorporated into the
stiiuiion.
The mode in which these tonnage duties are 10 be laid
and collected and the money expended, and the plan OF
Improvement TO be adopted, will OF course be efi TO the
several State legislatures. may be permitted 10 suggest,
however, that 80 Tar the question relates the
provement OF hsrbors there be not the slightest diff
.uy. ne proposition Is, that each State may authorize
the public authorities OF auy town city 10 levy the duties
and make their own harbors. This proceeds upon the
principle that The local authorities any town are better
capable OF Judging what improvements necessary in
Their barbors and what amount OF money Is necessary
TO be expended Tor such improvements and what plan Is
best adapted 10 accomplish them than the bureau OF to
biographical engineers at this place, who have local
knowledge upon the subject. can possibly he.
will be seen, also, when come To review the legisa-
ton OF Congress upon the subject, that this view
stances TO cities and towns, through their corporate
horhes, TO construct their habors from The proceeds
OF tonnage duties
Then, when you pass from barbor improvements, and
come 10 be Improvement Of rivers which are wholly
within the limits OF State there also he dleul.
" The States having entire jurisdiction over those riv-
ets alter the assent OF Congress Is gwen can adopt a
SYSTEM and modify IL and adopt Il 10 the exgences
svss, W, and convenience of navigation.
!, Wnen you come then TO the making OF improvements
n,n,.as of nav'gabe waters which are not within the
. single State, but within. or form the bound
s,ss Oh Two OF more States another question will arise
49,, - s.e vsoomes necessary that there should be COM
enleu INTO between such States, in order tina, the
,nR'oss,nen. I ~ may be made by their joint authority.
% 70 Indicate what the action OF the Stale
I'll "lh oe N the amendment be adopted, but
VIII state what suppose the art,oo might be in Thai
u,c". W. hlsslssppl river extends more than two
pous""a "',ss IRON north to south, with nine States
STATE. oad IA ~ lpfesume that each OF those nine