The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-09-22

which given il for national and general purposes
the States have nothing TO do with them Ihs govern
men is unit 80 lar the constitution vests in paIte
uar power for general and national purposes.
Mr.. BAYARD, MIR. President, did | not perceive
that was The intention OF the Senate 10 take vote
this amendment previous TO an adjournment, should
not a. this late hour respass upon their attention.
shall be compelled TO vote against the amendment be-
cause notwithstanding the declaration oil my friend from
Virginia, MIR. MAsoR,1 | believe il 10 be unconstu-
ona in the mode in which il is presented TO the Sen
ate will state briefly possible the reasons which
have led me 10 this conclusion. should greatly have
preferred that This amendment had been laid over until
the next session, that there could be fuller discus
sion OF the subject and more thorough understand
log OF the provisions OF The constitution ia that respect
The amendment, as understand -and tits not neces'
sary TO go into It's delaspurpots to authorize the indi
ydua States OF the Union by general law anticipating
their action, TO lay tonnage duties s 10 give the con-
sent oil Congress IN an anticpaory manner 10 allow
State TO levy tonnage duties on vessels entering INTO It's
ports or the waters OF streams entirely within lis bounda
ness and further IN the case oil eoemnous streams or
streams passing through one or more Sales 10 authorize
the States through which they by compact between
themselves, TO levy similar duties That understand to
be the general provision OF this amendment.
Now, ii view the constitution OF the United States
correctly, in the tenth section OF the first article has
three classes OF restrictions upon the powers OF the
States Inc hrst class OF restrictions cannot IN any
event under any circumstances by authority OF Con-
gess or IN any other mode except amendment 10 the
constitution, be dispensed with They prohibit the States
from entering into treaties, alliances, considerations
granting letters Of marque and reprisal coming money
NC Then we come TO the second grade, in which the
States are prevented from laying imposs or duties
imports exports" without e assent of Congress but
ii tue duty be levied with the assent of Congress the
benefit oil il must go into the national treasury Con-
gress, in other words cannot authorize the State to lay
mposts for purposes of State revenue but duties on i'm.
ports must go into the national treasury Then
to the third class of general restrictions the rights OF
the States IN which there is restriction to the power
Of each and every State without the consent Of Congress-
that they shall longer have certain powers which they
possessed antecedent TO the constitution That clause
provides:
mo Safe shall without the consent of Congress, lay
any duty OF TONNAGE keep troops ships of war in time
peace ener into any agreement compact with another
State or with foreign power, engage in unless
actually invaded, or IN such imminent danger will
admit of delay"
suppose that the principle OF construction which APP
Plies to the consent or the mode in which the consent
OF Congress can be given to the exercise oil any OF
these powers the part of the States, necessarily
apply 10 the mode in which the of Congress
be given 10 the exercise OF any other OF these powers
the part OF the State They all cassed together The
consent Is TO be given in the same FORM and by the
mode, or il cannot be given al all. Then would ask
senators the other SIDE if they prepared to say that
Congress- by general law, can alter and amend the fed
eral constitution, as to remove the restrictions upon
the powers of the States which imposed by that con-
stution l--because il comes to that ask whether BY
general law you surrender-nol 10 an individual
State doing individual act for you give validity
that act according 10 the terms OF the consltutonhe
general power which the constitution imposes resc-
tive upon each Stale Can you surrender all the States
the right 10 enter into treaties compacts with foreign
power! Your doctrine must come 10 that, if you adopt
the amendment OF the from Illinois You cannot
fall short OF IT, The powers all in the general
restriction.
The objection which entertain TO the constitutionaly
OF this measure is this: To give common sense, or a
legawhlch ever you pleaseconsiruction 10 that pro-
vision, so as TO out ITS object and INTENT you
necessarily require that the ac TO be done whether is
the imposition OF duty, the entering into compact
with State of this Union, or the entering into com
pact with foreign State, the raising oil troops in time
or peace, or OF navy in time OF peace-the act to be
he k,,th
gress Tor lis ratification before any authority be
given Otherwise, the principle OF this amendment i'm
Plies tins authority on the part oil Congress-tha at its
will, by mere majority, II can dispense with gen
era restraining clause in the constitution disabling the
States from the exercise OF these powers. cannot
ceive that to be the construction OF this clause of the
constitution am very that from the first passage
OF these laws down 10 the 1892, in reference ion
posts. the from Illinois can find no case of
consent BY anticipation on the part OF Congress. The
men who formed the constitution, in the first and in
all cases down 10 The single, isolated exception of 1884,
IN reference TO North Carolina always restricted the
sent to the parncdlar act to which that consent was
given, and which was ratified by the acts OF Congress
need not dean the Senate further because every gen.
tenan, when the point is presented, make up his
could take time TO compare this with other provisions
of the constitutions think could make il perfectly clear
to others that the effect OF the amendment would be this
BY simple legislative act you attempt 10 alter the fed
era constitution by removing generally as 10 the States
restriction which is placed upon them. All the authority
given to you Is only 10 assent TO the act OF the States
Wntn lney nave view OF tue cOnslruc-
ton of the constitution. II you apply il, you must
do to the case OF compacs between Staes compscis
between States and foreign power ask you il you are
prepared 10 give construction 10 that clause that the
Congress OF the Unued States may dispense with the re-
strction, and bya general aRticipaory law authorize
any State OF this Union 10 enter into treaties reference
to foreign commerce, foreign tonnage, with foreign
power and yet must come 10 that II you sustain the
consttutionality OF The amendment OF the from
Illinois.
Mr.. DESAUSSURE Before The question is taken I
wish 10 make EXPLANATIONS that be under
stood. am in favor of the amendment which orig.
nally offered by the senator from Illinois, and
newed by the senator from Mssour bat there has been
amendment proposed TO il which is Objectionable 10
me, and that has been accepted by the from Mis-
souri, That places me in this position II vote for the
entire proposition il stands, shall vote for the objec
tionabe feature. Nevertheless, as the Senate is now
acting 10 committee OF the whole, and the question
will have 10 be taken again in the Senate. shall for
The entire proposition with the Objectionable feature
because when the bill shall be reported 10 the Senate
shall be at liberty amend the amendment by
striking on, the clause which is TO me Objectionable
The question beng taken by yeas and nays on the
amendment authorizing the States TO levy tonnage duties
for river and harbor Improvements, withdrawn nv Mr.
DOUGLAS and renewed by Mr. ATcHIsoN, resuted--yeas
II, nays pas follow:
YEAS-Messrs. Atchison, Borland Brodhead, Brooke
Butler, Charlton, Dawson, Desaussure, Dodge Of Iowa.
Douglas Hale, Hunter, Jones Of Iowa. King Mallory, Ma.
son. and Sonle-l7.
NAYS-Messrs. Bayard Bell, Bradbury, Bright Csss
Clarke Cooper Davis Felch, Foot, Geyer, Hamn, Hous
ton, Mrnw ether, Morton, Pearce, Pratt, Rurk, Seward
Smith, Spuance, Sumner, Underwood, Upham, and
ade-25.
SO the amendment was not agreed to.
RIVER AND HARBoR BLL-FURTBER AMENDMENTS.