The daily union., 1852-08-29

the making OF II excluded the Stale from the JURISDICTION
over a part OF her own territory
Mr., UNDERWOOD. Am | 10 understand the honora.
BILE gentleman say that when steamboat gets upon
canal, work-a means OF commuaisalon made oy arll
applicable 10 that steamboat, while upon that canal
MIR. DOUGLAS When say so in my speech the gem
teman has the hight 10 understand me 90 But as have
no time il it necessary to 20 into discussion
of that point, | will ask the gentleman 10 wait until
have the time and do say
The object simply 10 show what has been conceded
by all parties aud by the past administrations o sgoven
ment in regard 10 this subject without stating what were
my individual opinions upon this point Now this being
tion, from tue beginning of the government down TO thus
day, far navgabe waters are concerned, legs
lang every year upon this subject oil navigation, II
shows that have always regarded the great interest
OF navigation as interest separate and distinct from
that of internal improvement The Supreme Court OF the
United States hold in their decisions that the interests OF
navigation and commerce are vested by the constitution
in the OF the United States and that State
interfere with that supreme authority OF the general
government Now, my object in making these remarks
this time, in advance OF the general discussion upon
the question which will come up upon my amendment, is
for the purpose OF showing that there is party advan
tage TO be obtained upon this question by the citing
Of Platforms, and by the charge OF violating the
platforms adopted at Baltimore by the convention OF
either OF the parties did think that we were trenchng
upon that doctrine when we came to make canal at any
point we chose 10 designate But as long as we conne
ourselves TO the protection OF navigation think that
clearly within the rule.
And here will remark, that before the federal con-
slution was formed the rivers and harbors were i'm
proved to the extent that they were improved al ALL by
system of tonnage duties levied by the States themselves
But under the constitution the States were deprived OF
that power and authority, except by the consent of the
general governmentno tonnage duty TO be levied
by them, except by the assent OF the general govern
ment. Now am ready 10 show, whenever the ques-
ton arises. that tonnage duties then understood
be the proper by which harbors and rivers were
to be improved The only question then was, whether
the power 10 levy the duties and the power to make the
improvements should be vested in the States or the fed
eral government? The convention divided upon that
points they agreed that the tonnage duty was the proper
source from whence TO derive the to make the
improvements but they doubted which the proper
authority 10 administer the fund thus raised Hence the
right to levy tonnage duties vested in the State, with
the assent OF the Congress, retained by the general
government, in the event that that assent withheld
by Congress. The first Congress that assembled under
the constitution chose TO withhold that authority and, in
lieu OF the tonnage duties passed an act 10 the effect that
all appropriations Tor public piers, light houses and
other works OF Improvement Tor the protection OF navi
CATION and commerce. should be paid out of the national
treasury. think $4,000 the first appropriation for
that purpose, and $4,000 the appropriation
1t seems that the system was very small one hen and
has been growing ever since from that time to this
But my object is not TO 60 into discussion OF this
question now II is simply to show that rivers and har-
bors belong to the navigating interest," and not to the in
terna Improvement system that the federal government
has always, in all lis branches, claimed and exercised the
jurisdiction this navigating interest; that the right
under the constitution is vested either in the federal gov
eminent or in the State governments, Congress shall
determine II II does not give lis assent TO the States, is
then in the federal government ii it does give It's
to the States, then il is in the State governments by
means OF system OF tonnage duties That being the
position of this power, then becomes question OF ex-
pediency how that power should be exercised-whether
will retain II ourselves, surrender 10 the States
and am prepared, when that question comes up, 10
enter into the discussion of that question of expedency
to where this power be The most safely lodged for the
benefit OF this navigating interest.
The question is in regard TO perfecting this bill un
der the system now prevailing shall vote 10 render it
perfect ar and just, possible and shall maintain the
rights OF the whole navigating interests TO appropriations
hATp dauta
that will give more e1ectual and economical protection to
those interests in another mode And think shall
be able by this brief review, 10 see that the question of
rivers and haTbors involves question of a system Of
internal Improvement by the general government. am
utterly opposed 10 any such system. believe that the
nernal-lmprovenent system wisely left in the State
governments, and not IN the general government your
roads, your canals, and your other artificial means
OF communication, were wisely left to the States them
selves TO construct You would have had one tenth
no, not of the railroads made the
power had been the general government that you now
have under State authority. And | wish 10 keep this
broad distinction in view throughout our discussions and
we Will avoid much OF this party difficulty about party
platforms.
Mr.. UNDERWOOD. do not rise for the purpose OF
taking any parl attempting TO compose the contentious
going on among democratic friends upon the other side
OF the chamber in regard to the subject OF differences
which they have discussed nearly all day; nor do rise
for the purpose OF showing the of their ar
gumens in regard TO their whole position upon the sub
leet OF internal improvements. rise merely that
my object in nieuuptng the gentleman from Illinois Mr
buuelAbJ III could, the Ieng IN
and BREADTH and depth and height of the democratic creed
upon the subject OF internal Improvement From the ar.
gument which that gentleman made thought that he
placed the right OF commercial regulations in regard TO
navigating steamboats,, and Things OF that Sort upon the
ground that as We had always assumed the jurisdiction
oil natural channels OF commerce. therefore we had the
right TO enter into such commercial regulations because OF
that jurisdiction Limiting The right 10 that the neces.
say deduction resulted from 1t, that whenever you get
into an artificial channel the power OF the constitution
ceased at least, that my conclusion and put the
know whether a ppf
mate deduction from his argument, and whether he was
oil opinion that when we got into artificial channel
then tbe constitution gave us right TO regulate the
navigation of steamboats, in that artificial channel Ii
merely inquiry for my satisfaction, and made il
hoping the gentleman would give the information
desired But have not obtained ii.
Mr.. DAVIS ] only desire to congratulate gentlemen
We have definition OF the internal improve
ments" Roads and canals are internal improvement MIS-
Harbors and harbors and rivers and do not fall
within the category OF that definition believe the plat
form contains the term internal improvements" Now,
the gentleman from Illinois Mr.. DoUGLAsl says that
within the fair meaning OF that term, these barbors and
rivers do not fall do not belong there, do not fall within
that definition Roads and canals fall there, and they are
Internal Improvements
Mr. CASS. | will trespass for but a few moments
upon the attention OF the Senate in order to give them
my IDEAS upon this question. As reference has been
made to our former position upon this subject wish 10
read 10 the Senate what said upon this subject last
session.
"Now, sir, the honorable senator from South Carolina
Mr. BUTLERl has reerred-rather um thought
TO the resolutions OF the Baltimore Convention and seems
suppose that their faithful observance will prevent those OF
who knowledge their obligations from voting for anv
Ri lNcI M Mr. IHanF