The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-10-05

Dosely excluded as dangerous to the peace OF the
,ountry, for if several are permitted 70 COMBINE
or one purpose, though il be by the approval OF t
Congress, they will soon unite for other purposes
Without such approval & . 4
But possibly ] may be wrong in this; for the I
JUDICIAL power extends to controversies between I
wo or more States" and perhaps prosecutions
ould be instituted in the Supreme Court to enforce
ompacts contemplated by the Senator. But then
would arise a serious difficulty; how lie the execu'
ion to be levied? Suppose Illinois to be the recre'
mi marty: for aught see, il must be levied on the
body of her Senator; and then he wouo DC nkeiy
- find a home somewhere else than the "nne
aouse. n,
But there is still another objection. The Senator
proposes that Congress should give its consent In
advance to q levy Of tonnage duties by the autnorl-
lies of cities or towns-by single States ana oy
combination OF States. Nov, insist that the con
sent to be given by Congress to the levy OF any
duty of tonnage by a State must be subsequent to
the act making the levy. The clause referred 10
suppoaes the Legislature Of State to have passed
an act for the purpose Indicates; IL suppo:es aia.
act TO be submitted to Congress. and then In effect
declares that il shall become valid on being APP
proved by that body. The Constitution does not
the granting of general power OF
attorney to all the States OF me Union; ous
is to be enacted in the frat place, for definite 90
icct and that is 10 be laid before Congress. we
should then have something tangible, ana wouia
be able to decide whether It ID or Ia not such law
ns should 90 into operation. ! deny that we nave
RI hi to fire into the mir such subject as this
of consequences; but we are to level our
deliberations at a precise object and then we shall
know what we are about. 49,.
But the honorable Senator spent much time IN
producing here an array of precedents where Con-
aress has given its assent to the levy OF tonnage
duties by The States. | presume senators ola no'
fail to note the fact that every one OF these
dents was case of assent, subsequent 10 inc pas
sa oe of the law and not in anticipation ot II.
Mr. DOUGLAS | wish TO state distinctly that
such ia not the case. hold in my hand acts CIV;
o q % 's'as' aS's
had been made and also TO amendments which The
State might thereafter make. In respect to the
last the asscn of Congress was given in advance,
and not subsequently thereto
Mr. SMITH. 1t is very possible the Senator may
find a case Of that character. l do not pretend to
have looked into the Legislation OF Congress on this
subject have merely followed the honorable
Senator in his statements; and every Senator
knows that nearly oil the cases presented were
those Of subsequent assent Ii Is possible that some
law NAV have slipped through in the nature Of as
sent precedent; but venture to say II did not re-
ceive any serious consideration. apprehcn nd that
the honorable Senator cannot produce here legisla
ton sufficient to show that there has been any real,
construct on OF the Constitution in con
formty with his views. maintain, fearlessy, that
the production Of law is necessary to enable Con-
gress TO give its assent. Why not! How can Con-
ing to? bold it would be in the last degree indis
erect for Congress to confer such vast power on
the States without restriction or limitation, to au-
thorize them to undertake any improvements they
cases produced by the Senator chow how cautiously
Congress has acted on this eubject. In every in
stance the consent Of that body was given only for
a limited period, and ordinarily for very short
period; and vet the Senator proposes to issue gen
era power Of attorney all the States to undertake
these improvements at their discretion and to levy
tonnage duties, within the limits prescribed in his
anne ndment, for any and every object they please;
and this power Ia 10 De connnueu lor all ume 10
come.
Mr. DOUGLAS. l will refer the Senator to an
act for an unlimited period of time. if he wishes it,
Mr.. SMITH Suppose the honorable Senator from
Illinois rs he has expressed himself fully on thi.
subject, should keep his seat for a while. believe
have the floor, and l am unwilling to be inter-
rupted.
rupt Mr.. 3 with a view t. put him right on
matter Of fact, as he alleged, and long dialogue
ensued between MIR. D. and the Presiding Officer,
which 10 omitted Of no Importance
Mr. SMITH MIR. President, suppose must as
sume that the honorable Senator from Illinois did
not comprehend the tenor Of my remarks. ] am
quite certain every other member OF the Senate
did. l attribute nothing to the honorable Senator
put no words into his mouth Whatever. only
stated what understood to be the substance Of
the legislation OF Congress on this subject as de.
rived from the representations Of the Senator
made here.
But, sir, it is very possible that the Senator may
produce single instance Of assent precedent, and
possibly some other instance or assent for an I'M
limited period but claim that the whole current
tice has been to restrict the permission given by
Congress to very short periods and maintain that
is of the highest consequence to the country that
it should be 80. But let the honorable Senator, if
he can, produce precedent for n proposition such
al the one we now have before US. In some in
stances, perhaps, il Congress knew what State
about to do, so far from essenting, 1t would
absolutely forbid it. Perhaps Congress might
deem some enterprise OF this sort quite the
of an improvement and perhaps other States
might come here and demonstrate against it.
Suppose, for example, the States OF Kentucky
and Indiana were to enter into an arrangement TO
repair the Cumberland dam, and to levy tonnage
duties for that purpose. On what commerce would
they levy those duties' Why, sir, on the com.
merce of Ohio, Pennsylvania and Virginia, as we'll
as on that of Kentucky and Indiana. Now should
not the citizens Of the three States first named have
an opportunity to be heard on the question whe-
thor the dam would be Of any use, and whether a
burden should be laid their commerce? The
States may, If invested with general power, un-
dertake improvements to the last degree IMPROVE
ment-they may undertake Improvements which
conflict with each other, or which are incapable
of execution, il executed, worse than nothing.
The Senator denounces in broad terms all that
the General Government has done on the Ohio
river. If mistake not he insisted that the works
there were little better than nuisances. How can
he expect higher or better administration OF these
great interests by the separate States? maintain
that il is highly inexpedient for Congress to
render the power of controlling the great channels
of communication. 1t is easy to that collisions
would arise from the system PROPOSED petWeen inc
different States, and the whole subject would be
thrown into irretr evable confusion.
But there is another provision Of the Constitution
which should the attention of the Senate, be-
ing the sixth clause of the same section, follows:
"Nor shal vessels bound to and from one State be
obliged to enter, clear, pay duties in another
How can the Senator carry out his scheme without
violating this clause' Suppose a wheat grower of
Illinois should load vessel with produce at Alton,
and send it to New York, oia the mouth of the
Mississippi, can Louisiana, consistently with this
provision, compel him to pay tonnage duties TO
deepen the channel at the mouth? 1t is obvious
that it would be very unjust, as the channel is al
ready deep enough to answer his purpose, and l
maintain that it would be equally Unconstitutional.
But there other difficulties in the way Of the
honorable Senator. His scheme is violative of the
fourth article OF the Ordinance of 1887, which pro-
vides that "tbe navigabe waters leading into the
Nj ississippi aud St. Lawrence. and the carrying
places between the same shall be common high
ways, and forever free, well to the inha btants
of said Territory 70 the citizens of the United
States, and those Of any other States that may be
admitted into the Confederacy, WITHOUT ANY TAX,
IMPosr, on DUTY THEREFOR "
And it is equally violative of compacts entered
into bot een the limited Statca and he aeveraI