The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-27

I
say States OF this Union. especially to those who
occupy condition Of minority IN comparison with inns
swelling, preponderatlng majority, which Is assuming
character this hoor their only security and the only
security for the liberties and the OF this
try, is the purity and integrity OF the State governments
upon any occasion would invoke that Divine prlnci-
pie OF the Lords prayer ead not into temptation, II
would be that the States OF this Union should not allow
the federal power 10 usurp jurisdiction witha them
which they TO be overshadowed their dignity ab-
sorbed and their vital organic existence endangered
According 10 the doctrine advanced here to-day Con-
gress is 10 open highways wherever its discretion
chooses to lead it, Sir discretion is the law OF tyrant.
The discretion OF Congress Why, sir the discretion OF
Congress is but the dictate oil interest," and when major
lilies combine here 10 effect any purpose. have no other
tce and morality. know that has its influence in the
days OF purity under any government and hope our
days OF purity have not passed hope we nave not
passed into that condition where may not rely upon
these great principles with degree OF security But
the gentleman must remember that the precedent OF TO,
day IL the prescription OF t0-norrow and again repeat
and repeat TO my friend with sorrow, he has asserted
principle he has guisedy come out 10 day for the
omnpotence of Congress make channels OF commerce
through sovereign States whenever any OF the States
may think proper TO refuse allow another TO run roads
through It's borders. l@
The gentleman illustrated his proposition by referring
to The mouth OF the Mississippi reply to him by the
old maxim OF the law: Aqua eurrt ct dtbA exrr~e.
Even if the compact with Louisiana itself did not forbid
the stopping up OF that passage God has forbidden IT.
The Mississippi is great highway, running from one
part of the continent to the other Man cannot stop IT,
The gentleman's illustration is without meaning The
compacts OF the States Nature. and everything else for
bid such nterposon 10 stop up the Mlsssspp But
it is not impossible for the gentleman, with his federal
sword and latudnanan powers to cut road through
my State without my consent; and it he wanted it for
commerce, he said he would do il. When we were
about TO construct the great road 10 which have refer
red supposed that we could DO IT without the
assent of Tennessee North Carolina aud Kentucky. We
always thought it necessary 10 have concurrent char
ers from those States South Carolina, 10 its simplicity
went to the legislatures OF Tennessee, North Carolina
and Kentucky. ii dreamed that we could dis
pense with that and believe that the senator's own
State, Kentucky, refused 10 grant our request Accord
ing TO the gentemans doctrine, she could have oeen
dTagooned into il. She could have been compelled BY
order oil Congress peremptoriy TO give right OF way
shocked such doctrines but they those which
| we illustrated in this bill
! Several Senator'S. "Question."
| MIR. UNDERWOOD do not intend TO dstain the
Senate from vote By making speech. but frise to
TO my friend from South Carolina that il is very easy for
him 10 attribute 10 and then successfully doc
trnes which have not broached have not conended.
shall contend that if State asks the privilege OF
extending her system OF internal improvements through
the territory OF another State and shall be refused, the
State then appeal 10 Congress. and ask Congress TO
enforce the request the refusing State to allow the
other State to carry its improvements through t.
have not asserted any such doctrine. do not believe
any such doctrine. The position for which con-
lend is thls-and | wish to state IT without any fur
ther iusraiIons-that if any State in the Union shall
undertake TO prohibit The free passage oil the citizens OF
another Stale through her territories for commercial pur
poses, the citizens OF the State thus prohibited have
right 10 appeal Congress for right OF way the
territory OF the State refusing to grant the privilege OF
going over IL. Ihat c0ntenled ana Will
say 10 the gentleman that there is clause in the const
tuion which guarantees 10 the citizens of one State the
rights and privileges of citizens of each State, and there
fore what contend for but carries out that provision OF
the constitution. That clause would entite to de-
md that right OF way. That very clause OF the
sutuon would, II State should refuse in that way, re-
quire the nterpostion OF Congress IN behalf oil the cit
of the State refused this right oi way did not con-
tend for The proposition that Congress bad right to re-
quire State TO allow another State 10 push within It's
limits any system OF internal Improvements.
Mr. BU IIER. 1 understood The gentleman very d-
fereny, and think others understood him differently;
for he gave illustration, that il section OF the
Union wanted reach this salt water region, he called
-ralher reducing H. thought. by his hetorc-beyond
the mouth OF the Mississippi, Congress would have the
power TO force IT, ! Understood him TO say that Coa-
gress would have right TO force ingress and egress
there.
Mr. UNDERWOOD | say so now
Mr.. BUTLER. If he places himself on the simple
proposition that every man has right to travel with
his horse and wagon the highways OF Tennessee
and Kentucky, such highways as they have made. and
no, such as Congress may make, OF course no one ds
| MES that
MIR. UNDERWOOD | would ask the gentleman il a
State should ofbid the citizen OF another State passing
over It's borders, what remedy would there be then
Mr.. BUTLER Stale could not grevent the citizeps
OF another State passing the roads II hal already
mae but understood the proposition OF the honorabe
gentleman 70 be, that Congress had right, 10 such case
| to make a highway.
Mr.. BoRLaND, have but few words to say upon
point made BY the senator from South Carolina Ihs
obvious effect, il not the intention, OF the agsmens
which have been made by several geniemep who have
recently addressed Us on this subeci, will be TO place
far as the authority Of their position and their argunens
will 20 TO the county, those who vote Tor this bi IN It's
present form a false position. say such must be The
effect of the extent and authority oil hef opmions and
their positions do not wish 10 stand IN false position
on this subject II seems TO me that gentlemen who have
made these arguments have made them upon bill not
before the Senae at least they have certainly assumed
oosi,ions for this bill which not contained in it, II
am capable OF standing It's PLAIN WORDS as written
down Now the senator from South Caroiina-and this
il the point to which wish TO call his a',enlion-in the
of
ton which seems me, 50 FAR IRON being IN IT. sdi-
recy contfuveried aud coniradced by IT. lie made his
10 show that State could not carry Its in
eTna through another without It's consent,
and he SAID that the doctrine that State could
do 80 was asserted by this bH -
Mr. BUTLER Not in this bill; but said | thought
this b;ll was approaching 10 the doctrine.
Mr. BORLAND The senator said This bill was an
illustration OF the doctrine laid down by the senator from
Kentucky.
MIR .BORLAND. And for that reason, because it isan
illustration OF the doctrines laid down by the senator
from Kentucky, he objected TO carrying the principle
OF the bill and therefore he assumed that the bill took
that position He took that position. and he said that
when State refused to permit another State 10 carry It's
roads or canals within its limits, lha, might under this
principle, AMI apply 10 Congress TO get the aid of
the federal treasury or the federal sword enforce the
power TO carry internal improvements through the
territory OF the other State. What s the plain provision
OF the bill So far from assuming such power
to a State, il expressly provides that foot Of
Of the road shall be male, single power exercised
within The limits OF State for the making o this road
without the consent o that State first had and obtained
That shows how much weight there ia in that objection
made against the bill and think the Senate will bear
aha. yha 1h... II