The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-11-18
internal mprOvements-Riyers and Harbors-
Power or Congress.

internal ImprOveme nts-Rivers and Harbors-
Power or Congress.
The settling great constitutional questions essentially
contributes to the happiness OF the people Several have
been repeatedly and emphacaliy passed upon 10 be
longer matters OF dispute. Among these may be emu
mera,ed the denial Of power Congress charter ma
tonal bank, and roads and canals in the lin
its OF State. The power to improve the navigation Of
bays nlet and rivers and TO construct harboTs therein
excep, and lake shores, for the purpose OF
rendering navigation safe and easy and Of aordins pro-
lection and shelter for navy and other shipping
still question: and its existence is denied The exercise
the power by every Congress since the adoption OF The
constitution TO lighthouses beacons. buoys.
and public piers and works. the and lakes as pro-
tecng shelters for national and other vessels engaged IN
commerce, and the uniform acquiescence OF The people,
render proper treat the power TO do as admitted
and its existence not open to further question: While
this treated settled. it is matter OF public duty to
ess every attempt at enlargement OF the exercise OF
powers which not clearly authorized by the consu
ton II is universally admitted that the federal govern
ment derives all its powers from the constitution and
few deny the cardinal principles that all grants OF power
contained in it should be strictly construed aud that
doubtful constitutional power should never be exer.
cised Does the constitution clearly confer this pow
err No pretends that it is conferred in express
terms Ii is claimed to exis. necessary incident 10
the power commerce. To exist an incident, II
must be absolutely necessary the execution OF power
expressly granted II cannot exist where the object
be accomplished, reasonable and practicable manner,
by another authorized agency These improvements
clearly within the constitutional competency of the States
under their conceded general powers, and also under
their reserved right levy tonnage duty with the assent
of Congress The refusal BY Congress give It's
10 such duties cannot confer constitutional power do
what would otherwise be unlawful Such power cannot
rest upon 80 uncertain and unworthy basis the
wrongful &C, of agent Hence, this power does not
exist as an incident the power and ab
solutey nsce ssary to its execution.
The history of early legislation strongly tends to
firm this view OF the question. Prior the adoption Of
the constitution, each State had full power its
meIce levied tonnage and other duties constructed its
own roads and canals, houses beacons buoys and
public piers and improved its barbos and rivers if
chose 80 10 do Each made its regulations often
preudcia and vexatious its neg hbos, according to
its means and of policy and duty, subject to the
few restraints OF the Articles OF the Confederation To
secure equality of rights and privileges, and preserve
harmony among themselves, the States surrendered their
general power over commerce, reserving the right TO
levy duty on tonnage for their purposes, subec,
only to the restraining action Of Congress.
The debates OF the convention clearly show that one
object OF reservng to the States power levy tonnage
duty was "ior the purpose Of clearing harborsr Mr.
Madison in explaining that part Of the constitution which
relates to these reservations and grants Of power while
was pending before the people, said The in
which the power is qualified well calculated at
he n reasnpahia in
providing for the conveniency Of their imports and
ports; and 10 the United States, reasonable check
agains, the abuse of that discretion With this expa.
nation before them, the States adopted the constitution
The early Of the States and Congress in strict
accordance with Mr. Madisons construction The States
took charge of what per,aned to the conveniency Of
commerce and the improvements which its exgences
required within them and surrendered TO the federal gov.
eminent the jurisdiction and control over lighthouses
beacons. buoys, and public piers. Congress assumed
control the latter together with such external works
as afford necessary shelter and protection in the then ex
isng highways OF and navigation. leaving the
States TO consuc, such their of duty
might dictate.
In 1888 Maryland passed law authorizing the levy Of
duty Of one per vessels entering and clear
ing at Baltimore. for the purpose Of removing all OBJ.
suuCuohs anu hntoyaHcce III Vdsin, nhfUOI, anu
river at that place. After the adoption OF the constiln
ton, in 1870, Congress gave s assent TO it, The next
year authority to increase this duty to two cents per
ton granted, and ss,en,ed TO by Congress This
duty has been sssenled to by twelve acts OF Con-
gress, the last OF which, passed in 1850, author
ICES il until 1861 In 1887 Georgia authorized a duty
of three pence per ton on all vessels entering Savan
nab TO iotm fund for clearing the Savannah river OF
wrecks below The own"to which Congress assened in
$780, and again in $500. In 1890 Congress assent~d
law OF Rhode Island passed that year, authorizing duty
of two per certain vessels arriving in Provi
dence, TO aid in improving Providence river BY second
act Congress authorized the continuance OF this duty 10
1899 In 1898 Massachusetts, authorized the levying
tonnage duty OF four cents per oa certain registered
vessels, and ten cents those owned in Kennebunk
river, and two cents all others entering it, to rem-
burse the expenses OF constructing the mouth Of
that river To this Congress assenied the same year In
1905 Pennsylvania authorized the levyns duty of four
per ton vessels clearing from Philadelphia for
ports OF the United States to be applied TO removing
distractions the river Delaware below that CITY, which
assenied TO by Congress. Virginia, North Carolina
and Alabama have passed laws concerning the
the navigation of rivers and inets, to which Congress
has given it's assent Maryland, Georgia, and South
Carolina have each authorized certain tonnage dutes in
aid OF hospitals which have received the sanction OF
Consress Tbese acts furnish instructive and ndisputa