The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-09-24


sdered as reserved TO the States, to The people lay
down sircter rule in that and when you come /,
TOOK LOT me means they must not only be necessary bu
hey mus he proper and they be proper reference
that very TACT OF the division oil power For instance Judg
Mclean IN the OF Groves and Slaughter, declare,
lhat me police power OF the States was higher and abov
inc constitution and the law. This is the first iudlca
exposition OF the higher law with which | have met
re declared that If that came in conflict with the laws o
.be ieuerai government the State had right, Tor ht
sake OF sepreservation TO stand by It's police power
therefore, IN ascertaning what may be employed
nor ohiy as necessary but proper their proprley mus
DC consueied ~ reference 10 the powers OF the States
ihey must DC iound 10 be proper in view OF that maxim
oil ihe law that you shall your rights as no
10 destroy the equal superior rights OF another This
necessity Tor respecting The powers Of both governments
lhe ponce power OF the one as well as The Commercial
power q tne other--s principle winch has been re
spectsd ~ the Supreme Court, and by all its judges from
i Marshall down.
But the same rule does not apply when you come tt
that class OF powers which belong TO the general govern
ment alone, such as The treaty making power and tha
OF regulating commerce on the high The rule does
not apply 10 those powers because, ii not exercised BY
the general government they cannot be exercised by the
Staes, and the functions OF complete would
not exist upon these subjects In these then you
may fairly exercise liberal rule OF construction
The Limitation s that IN the implied powers OF the gov
ernment. none must be exercised that are forbidden BY
the constitution, and the federal government must noi
under the Weence Of regulating this foreign commerce.
operate within the States 10 the injury OF their equal
rights and equal powers which have been reserved to
them IN respect to other matters. These are the re-
strlciions.
Now, ii we can buy chart for vessel that is sailing
on the high seas-and surely have much right TO
buy chart as to buy log and chronometer- as
cefalns the rate OF sailing, can not make chart
And II we can make chart, may we not make the
veys on which the chart is iounded Can anything be
clearer And the same reasoning applies in reference
to the coast survey and lighthouses, in regard TO which
we have been often accused OF inconsistency We have
right to obtain cessions of the sites OF these light
houses, and to erect them under that clause which al
lows us TO erect the needul buildings These buildings
are needfu not for the purpose OF exercising jurisdiction
within the States, but TO exercise jurisdiction upon the
high seas and without the States, beyond the marine
league, 10 enable ship to keep its path, and pursue its
way IN safely upon the deep, and within that region
where we have powers that have not else where and
where, too, The States have none
Sir, beyond the marine league the power OF State
ceases. She cannot by the constitution, maintain navy;
she cannot declare war; she cannot make treaty with
foreign powers; she cannot punish piracy and offences
against the laws OF nations she cannot lay duties
iupofts she do OF these things; but the fed
era government can do all of them, and besides
Il can Regulate ioTelgn commerce; and II has always
taken TO Itself larger power under that head than has
exercised under any other Why sir, exercise powers
IN relation TO American persons and property abroad
and upon the high which could be claimed
by this government within the States. We claim
there a jurisdiction over both persons and property,
wach on, be justified upon The OF reasoning
which have been pursuing; The general govetnme
has taken larger powers there Than il has within the
States and Tor The maniesty very good that for
these necessary objects he powers OF complete
ment could not exist unless they were exercised upon
course OF reasoning may be applied 10 certain portion OF
the power exercised under lhe reay-makng authority.
But have not time 10 dwell upon these points, and
ony alluded TO Them Tor the purpose oil ahodng the clue
10 an explanation OF the apparent Inconsistency which
mas been so often alleged against And here permit
me 10 say that do not maintain and ayow these opin-
IONS for The selfish purpose oil obtaining appropriations
ior the Atanuc coast upon principles which would
cude the clam OF fellow citizens upon the interior
rivers and lakes believe that there Is distinction be-
tween the power OF the federal government the high
seas ond the marine league, and upon the Mississippi
river | believe that il punish crimes and regulate
property the high modes which il cannot use
on rivers within the jurisdiction OF the States. believe
there IL difference in ,lcSe powers. Bat say, in all
sluc.rIty that by doing could prevent this govern
ment from assuming The dangerous power OF construct
ing internal improvements, making habors, and opening
rIversif by that sacrifice could DO il, would cheer
Tally advocate return To the Stale SYSTEM in relation 10
lighthouses Before the adoption ol the present cohsl-
tuon and Tor some years afterwards, many of the States
did make their own lighthouses; and would be willing,
although believe there is constitutional power to erect
them, abandon and would most cheeriully abandon,
any such exercise, By doing could tie the hands of
The federal government IN relation to an internal improve
ment system
And now sir lei us see how il will work il we under
take to exercise The powers within the States How
is it that the right is claimed for the federal government,
10 construct habors and clear out within the States
under the power OF regulating commerce. Sir, il the
federal government has power TO clear rivers under
the power OF regulating commerce, has II not power by
locks and dams TO surmount the distractions There
can be substantial difference between raising the
water above the ledge oil rocks sinking the ledge be-
low the waller. Ii, hen they have the power by locks
and dams to improve the navigation o river, have they
not as much right TO dig canal alongside oil il Where
is the difference III Il has the power create these
channels tor the purpose Of regulating commerce by
water, why not by land, why not by railroad Who can
show any distinction So little am satisfied with
the efforts which have been made to draw these distinc.
tons, and TO limit the power by looking TO the size OF
these rivers, that feel bound 10 say that can see moth
ing in these definitions in relation 10 the number of
States through which rivers may flow, except that they
etiecuay exclude the Atlantic border from the bene
hts OF The system, while they open them up TO the
Mississippi valley. As well said by the senator
from Michigan, The Connecticut river is according to that
construction, national river, while the Hudson, which
floats much commerce, is not According 10 H.,
the Susquehanna would be national river, while the
Paapsco, upon which the city OF Baltimore is situated,
would be excluded from the rate No, SIR; II the power
exists 10 construct these works-if have the right TO
make harbors and clear under the authority TO
regulate commerce, the power exists to all these
channels OF commerce and intercommunication, in my
opinion.
Let where this will lead us under The decisions
Of the Supreme Court which have already done much,
IN my opinion 10 expend the power OF the general gov
eminent Why II must be remembered that Judge Mar
shall and believe il the court could be poej major.
NY OF ats present judges would declare sat the power 10
regulate commerce among the States is IN the general
government an exclusive power IL must be remember
o too that even the republican ursts have admitted
that The power of the aies to regulate commerce among
the States was only concurrent power, and must give
way to the legislation OF The Union being the supreme
law OF the land, when that legislation extended to the
subject What is the consequence Why, II that is the
case, according 10 the opinion of Judge Marshall and
that achool OF urss there is then power in the States
10 construct harbors clear out rivers, make roads
and canals; Tor If the power Of the federal government