The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-10-05
SPEECH OF HON. THURMAN SMITH.


- or cosNEcrIcuT, I
On the proposition of Hon Mr.. DOUGLAS. Of Illinois.
10 authorize levy Of Tonnage Dunes by the States
for the improvement Of Riuys and Harbor' De-
liuered in the Senate Of the United Stuts', august
%, 1852.
MIR. SMITH Iregard the proposition which we
have before US as most extraordinary one. re.
qard also the speech which has been delivered Uy
the Senator from Illinois Mr.. DousLAs) as equaiy
extraordinary; and also ynesia he IMr CASE
that subject of such vast importance shoeio NC
permitted to 60 to the country WIN speech ouy
on one side, as one in which !he me'noe's VI '"'s
BODY should by means acqulesce. .
NJ Cas-. will the Senator from Connecticut
permit me TO say one word
Mr. SMITH. Certainly, sir.
Mr. CAss IL is this the American people uh'
derstaud the subject we'll that there Is no neces-
.ity to say a single word to them in regard to 1t.
MIR. SMITH. ! think that this last suggestion oi
the Senator. If ! understood him Alright, pays a
very poor compliment to the Senator from Illinois,
(Mr DousLAs.) ! understood the Senator rom
Michigan to say that the Senator from Illinois had
made a very learned and very able speech ana
had brought together a great many important
facts; and, further, that this is very important
question. ! understood him to compliment the
Senator from Illinois for his efforts on this oc
casion; and also understood him 10 say Una. ne
wished the people throughout the country might
have an opportunity Of considering me suo]eG'
during the recess Well, intend that the people
shall consider il; intend that the people OF me
that the people of Illinois, and in short OF the whole
country, shall consider it. intend to bring ola
tinctly before the people OF the Northwest ana
Southwest the question whether such an exuaor
binary scheme as this shall be brought into the
Senate Chamber with impunity or whether itshouid
be received here with any degree OF favor.
And must now express some degree OF surprise
that proposition 30 novel in its character and 30
sweeping in its effects should be submitted at this
late period Of the session, and more SURPRISE thet
ana narbor bill, measure of infinite impor lance
10 this country. maintain it should have been
offered as q separate and independent proposition
! maintain, cir, that measure of such mpor tnnce
should have been referred to one OF the standing
committees OF this body. in order that il might re-
ceive grave and serious consderation-a grave
consideration upon the substance of the PROPOSE
ton, and equally grave rpon the details. But, in
stead OF taking that course, the Senator comes be-
fore with connection of his own mind and of
propostion-how? By Islander and abuse of the
officers Of the corps Of typographical engineers,
and by holding them up to the country as totally
incompetent to discharge their duties, aud to carry
into effect this system Of harbor and river improve
ments. Alter completing his denunciation OF the
officers Of the army, he turns round and finishes
by denunciation Of the two Houses Of Congress
He Gays that no bill OF ths sort was ever carried
through Congress except by a CORFU and profit.
gate combination. Sir, according TO his account
of the matter, one would suppose he had, during
the whole period of his Congressional life, been
embarked in the transaction Of the public business
in the midst of den of thieves Sir, there is not
the slightest excuse for INDUCING in such a>train
of remarks-there is no apology for the abuse
which he has pour ed out the officers Of the army
the two Houses Of Congress- ] believe there
is still some rectude left here. believe there is
some honor and some sense Of right and duty to be
found this side Of the State of Illinois.
Mr.. DOUGLAS. Does the Senator from Connec.
ticut intend that should charge this to the
count of the River and Harbor BILL or to the lee.
ture that read him the 9th day?
Mr. SMITH. The Senator f. ON Illinois had bet
ter remain quiet in his seat. He has undertaken
to make speeches during the present canvass in
twenty eight States of this Union. will under
State of Illinois,
Mr.. DOUGLAS. / am very much obliged to you,
sir.
Mr.. SMITH ! have said ali that n,end to say
on the prese Mt casion with regard to the extra
ordinary manner in which this question has been
brought before us. and the extraordinary attempt
to engraft it on the bill before the Senate. when
every member of this body must know, as the Sen
ator from Illinois does. that the moment 1t 10
grated the bill is annihilated.
But. sir, let US attend to the line OF argument
which the Senator has pursued, and to the charac.
ter of his proposition in a constitutional point OF
view. ] believe that the amendment which the
Senator has submitted ia unconstitutional through
out By the third clause, section 8, article s Of the
Constitution of the United States, It s provided
that "no State shall, without the consent of Con-
gress, lay any duty Of tonnagt; keep troops or
ships of war in time Of peace; enter into any
agreement or compact with another State or with
foreign power; or engage in war unless actually
invaded, or in such imminent danger AZ will not
admit of delay"
Now, the amendment proposed by the honorable
Senator con find no warrant in the Constitution,
unlcss it DE in the clause here cited And what are
the propositions which he puts forward in that
amendment? They are-Q) That Congress con-
sents that each State may empower the authorities
of cies and towns within it's limits to levy duties
Of tonnage not exceeding ten cents per ton upon
boats and vessels of every description entering the
harbofor waters Of any such city town; the
derived theFefrOm applied exclusively
to the improvement of the same, and no higher du
ties TO be charged than ia necessary for the purpose
specified. a. Also Congress consents that the
several States bordering the lakes, or either of
them. or any two or more Of said States, may by
compact with each other improve the navigation of
such lakes or either of them. and OF the channes
connecting them together; and to that end may
divert a portion Of the tonnage duties not exceed
ing four cents per ton, collected at the towns and
cities within the States entering into the compact,
and may collect tolls sufficient to defray the
pense OF keeping in repair any canal or artificial
communication constructed for the purpose above
specified. (3) Also where any navigable river
water is situated wholly or in part within the
limits of any State. the Legislature thereof may
provide for the improvement of the navigation
Of 30 much Of the same as is within such State
by the levy of duties Of tonnage not exceeding
the object here expressed and a. Where such
river water is situated between two more
States, such States, or any number of them, may
by compact provide for the improvement OF the
navigation thereof by the levy Of duties Of tonnage
not to exceed the amount already specified, and to
be applied exclusively to the object specified Such
is the substance Of the amendment proposed briefly
expressed. 1t is apparent that the honor able SEN
ator contemplates the overthrow Of the existing
syskm Of harbor and river Improvements by the
General Government, and the substitution in lieu
thereof of imp rovements by cities or towns, by sin
gle States, and by combination of two or more
States. IL such scheme this constitutional
Let US attend to its different parts.
The Senator first proposes that Congress shall
consent that State 'Inay authorize the public
authorities of any city or town within its limits''
TO levy duties Of tonnage to the amount and for the
purposes indicated. Now, the Constitution author.
ICES no such proceedings. According to the clause
already referred to, the State is to pass an act lay
ing the "duty of tonnage" which is to become
valid on receiving the sanction Of Congress.
But what does the Senator propose? Not that
Congress should give its assent to law passed ty
a State levying tonnage duties, but that it should
sancton an act to be pissed by any State empow
ering "the public authorities of any city or town
within it's limits" 10 levy such duties Now, who
IF ~lfx, W.. e.