The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-09-21
THE UNION: WASHINGTON TUESDAY MORNING, SEPTEMBER

compacs do not stand in the way OF the execution OF this
policy, but have so considered j heretofore
have paid some attention TO this subject and other
grounds have considered the proposition utterly i'm
practicable Take the very idea suggested by the honor
able senator from Illinois There nine States bor
derng on the Mississippi river, and be expects them TO
concur IN the amount OF taxes the mode OF appropriation
and the application OF the money TO the different parts of
the Mississippi So, too OF the six States the Ohio
have rejected the proposition IN my own mind long
slnce upon the ground that i is utterly mpraccable. Ii
bringing back TO the old state OF the confederation
One OF The reasons why the constitution OF the present
Union was adopted was to remedy this very dhcuiiy
Alter long experience, they came TO clear perception OF
the great evils which existed in the rreguary and want
OF uniformity in the commercial regulations between the
different States OF the confederacy say that was the
foundation which, more Than any other, led 10 the
adoption of this Union. The States could not agree
Although their interests the same, yet there were
differences OF opinion; there were Jeaousies, well found
ed perhaps in respects and utterly Ill founded in
Others and these naturally defeated all commercial egu
laiions Suppose you should give to the nine States
the Mississippi and tie six States the Ohio the pow
er to enter into compacis for this purpose would they
ever agree' think the idea would be utterly imprac
tcable
do not enter at all into the constitutional question If
the ordinance is not in the way, do not think the
practical results You can never have the consenianeous
agreement OF this great number OF States in compact
and their rivers will be unmpoved, and the mpedmens
will only exist but they will increase from year
year | simply state this the ground upon which
rejected the idea IN my own mind before was presented
here.
4
odinnsce-even admitting j TO be binding now, which
doubsnce the adoption OF the constitution and the ai
missios OF the members OF the Northwest Territory
States, prohibited such duties were necessary TO inn
prove navigation but that only prohibited such would
be restriction upon navigation. In accordance with
this view Congress passed an act granting to Illinois al
ternae sections OF land TO make canal across one OF
those very carrying Places, the exact line OF one of
them and the Illinois canal is located there and
We were authorized to collect duties upon it. That canal
has cost the State OF Illinois 80, 900 900, and
collecting duties upon that very carrying place by the
authority OF Congress. To raise the question, has
been done by the senator from Tennessee disurbs the
$4,000, 900 Of capital invested there. Again: another
carrying place" between the Wabash and the Maui
rivers. There Indiana has canal expenditure
OF $4,000 900 $4,000, 000l do not know precisely
how muchand she charges tolls for improving navga
ton. There was another carrying place between the
Miami and the Maumee, in the State OF Ohio There,
ALSO Ohio has canal and charges tolls upon it. And in
each of these Congress has granted lands in
and OF The construction OF the canal, and allowed the
States 10 charge duties. 1t is little curious, therefore,
that after ary $4,000 900 OF capital has been invested
in the improvements OF the navigation OF those carry
ing Places this question having been raised until
the money expended. il should now be attempted to
be said that have right to collect tolls to reimburse
us for that outlay OF money.
Mr.. BELL. The sixth article OF the constitution re-
cognises the validity of this compact
IAN debts contracted, and engagements entered into be.
fore adoption of this constitution, shall be as valid
against the United States under this constitutions under
| the confederation"
| Mr. GEYER / merely wish 10 say to the honorable
from tldt Deen renewed
with Illinois, Indiana, Ohio, Missouri and all the States
upon the Mississippi 1t is compact which is be Gin
vlolabe forever" 1t was one condition upon which
those States admitted into the Union that the Mis-
sissppi and the Ohio river, and the navigabe waters
empying into them, should be forever free to all the in
habtants of the United States, without any tax toll
or impost whatever. Now, the question wish TO sub
NIT is this: How can confer right upon the nine
States upon the Mississippi virtually exclude the in
haban,s of The other portions of the United States from
The Tree navigation OF that ryer Ii we authorize
the States TO levy tax OF sum, authorize
them to lever tax that will amount to a prohibition.
| am under The impression that not authorized 10
dissolve that compact behalf Of the States. but the
States themselves 10 act II It is TO be dissolved I'VE
represent them under the constitution merely for the pur-
pose of putting into eXertion the constitutional powers
which we have.
must here be permitted to say that cannot end ia the
constitution anywhere that we have the power OF SUBJ
stuuon We are here 10 execute powers under the
constitution. We cannot pass them away We may
enact laws for the execution OF them, but cannot
transfer them to anybody else We may make improve
nents IN the navigation OF these because have
the jurisdiction them, but cannot, consistently
with compacis, cede the jurisdiction the nine States
on the Mississippi, or the six States The Ohio. We
have power. admit, TO consent that the States may
levy tonnage duties but | esteem il very questionable
whether have the power say what they shall do
with the money when they get 1t. Our power and au.
thority Is exhausted by giving consents and when the
consent given, we do not at all dispose of the power
we now have 10 levy tonnage duties ourseves and the
effect OF will De, pro tanto concurrent power TO levy
tonnage duties on the part OF the general government and
the Safe governments.
The amendment proposes that we shall practically
transfer 10 the States the power which we have TO i'm
prove these rivers and harbor ii the nine States which
border on The Mississippi should agree 10 make what
they call an improvement, bat II should turn to be
obstruction, question would arise whether the other
States would not be entitled 10 have that obstruction
moved so as to have the navigation free. We have
right here, under the constitution, make these great
improvements, and decide what shall be their cbarac
ter; but If you allow the States bordering on the rivers
TO make improvements in which you shall have nothing
TO say may be involved in the same condition in
which when the officers OF the United States al
tempted 10 apply appropriation made by Congress 10
improve the barber al ST. Louis Illinois inerposed she
did not like II; she enoined the public officers by name
who were there behalf Of the United States, and
eventually the city OF ST. Louis obliged 10 levy
tax on the real estate 10 construct their hafbor and
then only upon the condition that they would build
work the opposite side OF the river that would enable
the inhabitants oil Illinois travel above high.
mark TO what is called Bloody island That is speci
Suppose pier should be constructed anywhere on
the Mississippi by the OF these nine States why
would not Maine any other State have right to in.
terpose as in the of the Wheeling brdgei There
the Ohio river, under the compact, free and common
highway The State OF Virginia undertook 10 construct
bridge il, and Pennsylvania inerered. Suppose
Pennsylvan does not assent any work that Virginia
may be disposed TO construct the Ohio will not her
right remain TO have that work removed and destroyed
nuisance and an interruption OF her right to the free
navigation OF the riyerl So il will be when make
them will stand upon their rights under the compact, and
will be entitled to have those works removed.
Mt MASON, (attwenty FIVE minutes past five o'clock
move that the Senate do now adjourn
The motion was not agreed TO, there being, on d.
vlsion--ayes is, noes a.