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

agree 70 any such construction, to admit any suci
conclusion And yet think IL will be difficult 10 shoN
mat does not egtimatey follow from the assuInpor
that This power 10 be derived from that Of regulating
commerce among the States
But sir, II rs said that the right may be derived unde
Tue war power. aiordng the which are neces
say ana proper Tor lhe purpose OF creating military inter
lcomnnhieauon How can that necessity be supposed L
eAist Rave mol The States created far etcien
system oil communication than the general goveTnmen
wouu nave uone II II had taken TO itself the exclusive
power OF directing these works and OF creating thes.
means Oh lntercommunieation at the beginning Who
can doubtt' Is II necessary TO argue such PROPOSE
iion-ihat we have far better system of inercommun
oieei y a. ana made by the States than we shoult
nave had II The States had not meddled with such sub
ecs and had eii them entirely with the general govern
mentt II not obvious that Two heads to such system
would be incompatible with its efficiency? But sir viii
any say that s necessary this time OF day ant
IN The present position OF The American people, to con
stnct such works ior war purposes? Have not al
lhe means OF lnefcommuncatlon that be necessaT,
Tor war purposes, and is IL not probable that we should
have more OF these if left 10 the States Ia
execute them, than if this government were to in
teriere .01
Another class OF arguments has been brought up II
is said that we must admit this right from the necessity
oil The case, where rivers flow through several States
where harbors are to be constructed in which more than
one State s nerescd and where State cannot be ex-
peced to devote energies for the benefit of another and
tha, therefore, there OF constructing those
improvements, unless you admit that the power rests in
the federal government Sir, ii brought to so ey.
IRENE conclusion that should say that il was
ea,us oius 10 the constitution But this by no means
iollows believe, under that power which referred
to yesterday by The distinguished from Illinois,
Mr. DOUGLAs] under the power which NAV be given 10
the States TO impose tonnage duties, and under the power
gwen TO the States to enter into compacts with the con
sent OF The general government system might be framed
which would not only be Efficient but which would i'm
prove harbors and rivers much more efficiently and
JUSTLY than can be expected from the direct agency of the
general government.
think takes but half an eye to perceive that il the
general government should enter upon system of
internal improvements, even if The power 10 do 40 were
conceded without opposition, the system would break
down by its abuses and coHuptons These systems
have broken down in the States which supported them
he States have found that II better leave such
things to the voluntary enterprises OF individuals and
socations than TO undertake them themselves. II we
make the experiment shall find that il would have
been far better TO have left this subject to the voluntary
enterprise OF the States States, and have permitted
them 10 have maiured by compact such system OF
INSTRUMENTATION as would have met the wants OF
commerce.
Sir. have not time do not mean 10 go fully into the
subject But lei any man pause for moment and
slider what sectional heats, and rivares, and animoses
It would excite if the government were once TO enter
fully into such system. Different sections OF The Union
would become jealous OF each other and complain thai
lhe government had been paal towards portion OF
the country and lett the of another without
that protection to which ii entitled. But will pass
these things.
II would be wrong for me TO detan the Senate a, this
late period o their session. il had the time and prepa
ration TO go mo the subject barely touch of
The topics connected win lhis great question: and know
that do Il imperecy. Much has been said here in
laon to ih. unequal interest which Inc different, States
had in this bill We have already witnessed DISPUTES
here between the representatives OF the different States
in relation 10 the relative share OF the benehts o the bill
which they were 10 enjoy Such contests will only become
more common ii we snould extend the system But Tor
myself do not here to raise any opposition this
bill on account OF its inequality do complain that
this state has less, that tha other State more.
NO, sir come here to maintain that interest which is
common al---hat interest winch pervades everv
class and every degree m this community and which, so
lar as our country concerned knows neither geograph
zeal Limit nor DIVISION which was the same yesterday
that u To-day, and will be strong is
now--i mean the common interest which all have
~ preserving the consttulonhe highest interest which
an American statesman can propose 10 himself and in
stead OF endeGvolng TO warp and twist II To meet fug
i've, and temporary and fleeing cases OF expediency let
US make those OF expedency bend the higher
and nober objects OF preserving the constitution tho
country.
Mr.. BORLAND. Mr.. President | am sorry 10 have
TO deain he Senate any length of time from vote on
the subject now before them regret very much that
should be thrown Tor a in seeming opposI-
ton 10 the OF the senator from Virginia. Tor whose
opinions on all subjects, as he knows very WELL enter
tam The very highest respect II is always with great
dhdence IN my own opinions, and with great regret,
mat dier win him, even seemingly upon any subject.
But his remarks have probably in part grown out OF
what he considered charge made by me, time ago,
oil inconsistency, feel bound, in Justice 10 him. as we'll
as TO myself, 10 say few words.
In the beginning, however, would like 10 know, that
may iully understand The senator, whether am 10
derstand HIM as claiming the exercise OF this power
which he advocated the other day, and 10 which OBJ
ected inconsistent with his general course-that is TO
eNpend money Tor The survey and exploration OF the
China seas. under the power given 10 Congress regu
late commerce
Mr. HUNTER. That is one power 1t may come in
under The naval power also; but either is sufficient
Mr. BORLAND. Very we'll | take il, then, under
the head OF commerce. | said the other day. what |
think may properly repeat now, that claiming the exer
else OF that power under the authority given by the
suon to the Congress OF the United States to regulate
commerce, there is Inconsistency the part of the
senator IN advocating the exercise OF in that instance,
and opposing It's exercise denying the power
else II IN the case OF our interior navgabe waters for
we find in the first aricle OF The consultation, section
eight this clause, among Others defining the powers OF
Congress $40 regulate with ioreIgn nations,
and among the several States, and with the Indian tribes"
There precisely the same OF power, whether APP
Piled 10 foreign commerce. among the States,
or with the Indian tribes. The power 10 regulate COM
merce under which The says he claims the exe.
else OF II IN survey OF the CHINA precisely the
same source, aud no other from which claim TO
eTcse upon navigable and upon our lax
Now ask the senator from Virginia il the source OF
power be the same aud the necessity for lis exercise
one instance be great in the other, how can he
deny the practical application OF this power in the in
stance and contend Tor II in the oiherl IL to me
that needs argument show that power do the
one is power TO do the other We claim both from pre-
cisely the same source.
Although have perhaps no more respect for precedent
Than Others and perhaps less binding upon US IN our
acon, yet do CONTEND that far precedent has any
weight at ALL IL Is in favor Of the OF the power
Of the expenditure OF money for purposes OF improve
ment and commercial purposes upon navgable streams
and lakes, well upon the There is no page
OF our legislative history that does not show that this
power was exercised IN more cases even-t you est.
mate them numercay--upon rivers and lakes than
upon the ocean although admit that the amount oi