Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-11-22
RICHMOND ENQUIRER.
.oSn.V GoRNING. NOVEMBER FL, 1883
SOUND VIEWS.

SOUND VIEWS.
Two weeks from to-day Congress Will assenoe a"a
have TO meet discuss and decide upon, thousa"o' "
ming schemes to draw the peoples money out Vi 'e
sury for unconstitutional purposes IL Is p''pe ."
Representatives of The people shoutd % Ie""" " "
sources OF their power and of the strct
cratic PRINCIPLES upon which they were elected and ""e
hev exnectsd 10 carry out That President Pierce WI
nroye hia devotion TO the strict principles OF the
schoo IN which he was reared and which he mas a'"uS
stood by and In his annual message VIII lay
sound and conservative doctrines for keeping ''
Government, within the orbit dehned oy 'o
ton we havs ever entertained tho most cheet'"s
lions The most decided skeptic on this su'ec' 'u''
, draw his doubts utter reading the long anu very
teresns article from the Washington on'oh y" ''
~ I,,oTn. Imurovemens which we feel 1t our duty
an much space this morning. The question one
vital importance for The maintenance OF the constitution OIL
FIR onnoslno stern obstacle the march OIL exaVa
eance usurpaon and corruption the part oi Inc eoefa
government On this question Virginia has always s'oo'
TO the right she will doubtless have an ocea
sion when the Presidents message shall nave appeared" 10
qualification having brought forward ior 'e hghc''
In the country Of New HnmPsre horoushly "a'nee
in the old Virginia school Of strict construction we a"a
the message calmly satisfied that President Pierce VIII oe
faithful 10 his unlmpeachabe anlecedents and VIII present
h rns and proper bas of action for representatives OF
! the people
The Unions article gives interesting sketch Of the lal-
ss of ali the efforts engaft upon The Federal constitution
anv mower TO carry the system Of internal improvements
which claimed 1t cites the important iact that LOT
thirty years such power not exercised by Congress
being left TO States in their sovereign capacity when
tho power came play its demands became so sweeping
and extravaganza that Old Hickory had 10 come In with his
axe of reform and level the monster 10 tho ground Inc
blow was afterwards repealed by Mr. Polk and should be
La fp
ground Of his predecessors and meet the question: VII" INC
same cool firinness and decision.
The whole article Of the Union is valuaoe-bui we rcler
especiay 10 those portions which refer the execution o
public works. within their limits by the States themselves
by means tonnage duties collected with tile consent OF
Congress- We have always entertained the belief that this
was the most equitable system OF carrying ou these works
doing equal justice all and violating the rights OF none
We should like the system fairly tried. Certain il is
that il would be violation o the constitution, and mon
sous aud most dangerous usurpatlon of power for Con-
sress 10 stretch out giant and interfere with the Ju
isdclion and sovereignty of the States and 10 lavish
f,vorle locality money collected from the people of The
| whole confederacy:
From the Washington Union
INTERNAL IMPROvEM ENTS RIVERS AND HAIR.
HORSEPOWER OF CONGRESS.
The settling great constitutional questions essentially con
tributes happiness of The people Several have been
ger matters of dispute Among these may be enumera ted
the deoia power Congress to charter national bank
aud to construct roads and canals IN the ms OF
The power improve navigation OF bays nlcts and
rivera and conaruct harborS therein except on our ocean
lake Shores for he purpose OF rendering navigation safe
and easy aodng protection and shelter for our navy
and other shipping, is still question: and Ls existence Is
denied The of the power by Congress since
the adoption of The constitution construct light houses
bencons buoys and public piers and works. the
and lakes protecting shelters for national ana other ves
sells engaged in commerce. and the uniform acquiescence OF
| IA, ri ,nc ao.H-
milted and existence not open 10 further question:
While this treated settled II Ia matter OF public duty
TO resist every attempt enlargement o the exercise oil
mowers which are not clearly authorised by the constitution
Ii ia universally admitted that tho federal government de-
rivcs all powers from the constitution AMI few deny the
cardinal principles that all grants OF power contained In II
should be strictly construed and that doubtful constitution
al should be exercised Docs The constitution
clearly confer power2 No pre,ends that is con-
ferred n express terms II is claimed 10 exist as necessa
~ Incident power To exist ns an in-
cden it be absolutely necessary 10 the execution o
power expressly granted Ii cannot exist weSe the object
can accomplished, in reasonable and practicable manner,
by another authorised seelcy The are clear
" within the constitutional competency OF the States upde,
their conceded ana oso under their eScrved
right levy tonnage duty with the assent OF Congresa
The refusal by Congress to give a assem- 10 sueh dues
wise Unlawful Such power cannot rest upon 30 uncer
tain and unworthy basis the wrongful act OF an agent
Hence this power does not exist as an Incident to ;he
and absolutely naoesaary TO s execu'
| ton.
this view of the question Pfior the adoption OF The con.
stuon each State had full power over iis commece le'
wed tonnage and other duties consuced Its own roads
and canals lighthouses beacona buoys and public plers
and improved ts own har5os and vcrs if 1t chose 80 10
do Each made its regulations, often preudica and
rexaous ills neghbo according 10 ils means and views
of policy and duty subject the few restraints of the Ar
ces of the Confederation. To secure equality of rights
and privileges preserve harmony among themselves the
States surrendered their general power commerce. re-
serving the right levy duty tonnage for their o@r
purposes subject only 10 The restraining action of Con
gress.
ect of reservng TO the States to levy tonnage
was purpose of clearing harbors Mr. Madison ir
explaining that part of tho constitution which relates
these reservations and grants OF power while it pend
Ing before the people, said: "The in which the pow
er qualified we'll cacula ted at 10 the
Sales reasonable discretion n providing for the
nency Of their impos and expors and 10 the u States
reasonable check against the abuse Of that dscreon
With this explanation before hem the States adopted ht
constitution. The early acts of the Sates and Congress-
were in sict accordance with Mr. Madisons construction
The States took charge of psrtaned the eonvenen
cy Of Gnd The Improvements which s exgencie
required within hem and surrendered 10 The federal govern
men The jurisdiction and control over lighthouses beacons
buoys and public piers. Congress assumed control ove
the latter together with such external works afford ne
cessay shelter and protection in the then existing highways
of commerce and navigation leaving the States 10 consuc
such ones as their sense Of duty might dictate
In 1888 Maryland passed law authorizing The levy Of
duly Of cent ion vessels entering and clearing
Baltimore for the purpose of removing oil distinctions
and annoy In "basn, habor and ,iver al tha
place. After the adoption OF the constitution in 79O Con
gress gave it's assent it, Tho year authority tC
increase this duty cents per ton was granted and as
BY Congress This duty has been aseenled by
twelve acis of Congress- the last of which, passed in 1850
authorizes until 1861. In 1871 Georgia authorized duty
OF three per all vessels entering Savannah, to
"orm fund Tor clearing The Savannah river of wrecks be-
Low the town. which Congress assened in 1870, and
again in 1900 In 1890 Congress aesened to law Of Rhode
Island passed that year. authorizing duty of two cents
ton on certain vease arriving In Providence to aid in
improving Providence river. By second act Congress
horized me continuance OF This duty l1g9 In 79S Mas
sachusells authorized the evyng tonnage duty of four
per ION on certain registered vessels and Ten cents
0nnt Un
entering H. 10 reimburse the expenses Of constructing pier
al the mouth o' me "er To this Congress assencd the
same year. 1915 Pennsylvania authorized the evyng
duty OF tour etns per ton on vessels clearing from Phlade
phia for ports out OF the United Saios be applied
moving obsIrGons n the river Delaware below that city
which was assnted to by Congress- Virginia. North Caro-
ius and Aaana nave passed laws concerning The mpro
wing the naviaon of rivers and ines 10 which Congress
has given it's tssent Maryund Georgia. and South Caro-.
have eachauthozed certnn tonnage Duties In aid of
hospitals whih have received the sanction of Congress
These acts furnish Instructive and ndisauabe evidence that
our early legislators believed that the power The
yeniency OF Imports and exports" reserved 10 The
Sas and cond be safely and properly exercised by Them