The daily union., 1852-09-12

Uned States II there be asy such law, virtue OF which
that bridge nuisance s as lar as respects that bridge,
Mr. ToUCEY That is what I.supposed-that is TO
say, every law now existing Is law still IL is not re-
pealed The Supreme Court has decided that this bridge
in violation OF existing law, and nuisance and
now without revising the facts. and without repeating
ihs existing law you aeslae na1 these bridges are law
that they unlawful. am unable TO comprehend in
what way the decision OF the Supreme Court could be
more directly oyerhrown, annued reversed obliteated,
botted out. than il is by this amendment il become
law But without repeating any law, without enacting
any new law, you here urfets-~y-t 10 pass law that
simply the decision OF the Supreme Court that
precise point and declares that bridge TO be lawful when
the Supreme Court, acting as the supreme judiciary OF
the Union, has declared II TO be unlawful and nuisance
think that very dangerous power to be exercised by
Congress and am not prepared TO say that It IS compe-
Congress to exercise any such power as that over
the judicial power OF the Union. Al all events, II is
very Objectionable exercise OF power and one which can
| never receive my support.
| Again the second section OF the amendment declares
"that the Wheeling and Belmont Bridge Company are
authorized to have and maintain their said bridges al their
present site and elevation" BY what authority does
Congress undertake to say that bridge naviga-
BILE water, II II obstrucis navigation shall be mann
| tanned Have you Jurisdiction over the Ohio river
You have for the purpose Of conducting commerce upon
t. Bu does The commercial power M authorize Congress %
rights men that within the limits OF sovereign States
Congress build bridge road, or authorize the
building Of bridge or roaS mad supposed ina' ma aa ,as
you undertake 10 authorize bridge across navigable
water by authority OF Congress.
Sir il seems to me, that of my friends who adv ?
cate this bill te aside from the State rights doc
trines which they maintain with regard tohe jurisdiction
of the general government over commerce in constructing
roads and canals within toe limits OF sovereign States.
had supposed that Congress did not possess any such
power. had supposed that Congress had no power to
build bridge the harbor at New Orleans, the
Mississippi river III can authorize bridge, It can
build it aud ii so the of the State makes diff
ference with regard to the power Of Congress had
supposed that the power conferred by the constitution
nd mt
10 build road, or TO build brldge and should like to
know in what part Of the constitution this power is TO be
| found I
Sir apprehend taat every river an Of the
to the head of tewa,er. Congress has the power
it, for all commercial purposes, that has over the
ocean within league of the coast And if any will
undertake to say that the Mississippi river with millions
of navigation, is not navigabe water beyond The point
about hve hundred miles above its mouth-where the
tide 10 ebb and how will meet II and decide
the question whether Davgabe water does not extend
above il in America considering the magnitude OF rivers
on this continent.
But, above all the compacts of the States when they
admitted into the Union, and the acts OF Congress
admitting the northwestern and southwestern States, have
in every provided that the Mississippi and Ohio rv
es shall be naygabe waters free for all the States and all
the people OF the Union appehend that any obstruction
OF these would stand upon the same ground pre-
csely obstruction across the mouth oil any harbor
But, sir, | did not intend 10 go far as have gone
into this question at this late hour. have made these
remarks for the purpose OF bringing out and putting forth
in full strength the idea that is impressed upon my
mind that this is important question that ought not to
be discussed upon this present post office bill. II is
question that requires extensive discussion and consider
alton; and il be met well for all practical pur-
poses at the next session OF Congress- which occurs in
few months from this tme without interfering with the
Just rights OF any of the sovereign States OF The Union
am, therefore, entirely opposed to Incorporating this
amendment into this bill and | think that this subject
should be left 10 until December next when it may
be placed fully before the Senate and fairly considered
and deliberately disposed Of As the proposition
stands is in my Judgment from The best consideration
have been able TO give 10 IT, direct reversal OF The de-
lrtst pf tp COurt ia he nj
the power build roads and bridges within the States OF
this Union by authority of Congress.
| Mr PRATT. Before the honorable senator takes his
seat wish TO ask him question understand him to
announce constitutional proposition that the power
the part OF the federal government to authorize post
road TO be made authorizes the making OF the road by the
government. He contends that If the government
authorize State individual TO make a road, the
government could make the road itself How do you
limit the power Power is given by the constitution 'to
establish post offices and post roads The constitution
does say that the States individuals shall make
lhem Where them does The senator derive the author
Mr. ToUCEY derive the authority over roads from
the authority OF every State IN The Union Every State
in the Union must have roads That the condition
OF things when the constitution adopted. When the
constitution gives power 10 Congress "o establish post
Offices and post roads," it does the power 10
build roads, but establish existing roads post roads
Such has been the construction of that article OF the con-
stiiuiion heretofore Ii does not confer the power TO
build road or build bridge, authorize Stale
build road, build bridge but IL State does IT,
does by its intrinsic sovereignty, and not by any
consent of Congress But the States establish roads
Congress may them for the purpose OF transporting
the mails, or the States go without the mails II
they do not make roads; but that is impossible sup.
position.
| Mr.. HALE | rise for the purpose of making few
remarks but il is suggested that have vote
have doubt that can make very good speech but
/ anxious To have vote that will give way
| Mr.. BRADBURY | shall detain the Senate but a
moment desire TO call attention 10 the phraseology OF
the amendment, which, il seems 10 me- contains an as
serton OF power which is in somewhat objectiona
be II declares that the Wheeling and Belmont Bridge
Company authorized 10 have and maintain their
bridge at its present height and elevation That bridge,
spanning the Ohio, rests side in Virginia, and the
other in Ohio. Congress steps in, and TO the
pany you authorized TO have and maintain this bridge
at that spot Now. is that assertion Of power which
IL proper Tor Congress TO make Is this government
go into the States and prescribe where such structures
shall stand, and in such terms that the States
move iheml
Mr. UNDERWOOD. The gentleman will allow me
10 correct him in point OF fact The structure is wholly
in Virginia. II rests upon Zane's island 10 the river
which is within the jurisdiction of Virginia.
Mr.. BRADBURY. | was under the impression that
the bridge in both States but that does not change
the argument submit whether it would not be better
to lay the bill that may consider il early in
the next session We then adopt such phraseology
will relieve IT OF the embarassmens wdch are felt by
many.
Mt BRoDHEAD We have very thin Senate at
present Ii is now approaching twelve o'clock move
therefore, that the Senate adjourn, so that we can take
the vote on Monday morning.
The motion not agreed 10.
Mr.. BRODHEAD called for the yeas and nays upon
the amendment. and thew W orlerpd and baipv