Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1853-11-23
TONNAGE DUTIES.

TONNAGE DUTIES.
Our article on this subject yesterday con-
tanned on expression, used in the haste Of COM
position, which might mislead casual reader
as to our views with regard to the objects for
which the States may levy tonnage duties with
the sanction of Congress. In recurring to the
subject, therefore, we would remark that even
without the permission of Congress, needful
sanitory regulations may be made and police
and police regulations are not considered as
conflicting with that provision Of the Constitu-
ton which gives to Congress the power to re-
gulate commerce. The States can lay such
imposts or duties on imports or exports as
may be absolutely necessary for executing
their inspection laws; but enactments having
that object are subject to the revision and con-
troll of the federal government, while the net
proceeds arising from them must be paid into
the treasury. But the case is different as re-
CARDS tonnage duties. Before the adoption of
the Constitution, the States were fully empow-
cred to levy such duties, and the Constitution
restricted that power only SO far as to declare
that mo State shall, scihom the consent OF
Congress, lay any duty of tonnage"
This provision of the Constitution leaves
no doubt as to the right of State to levy and
collect tonnage duties the assent of Congress
being first had and obtained, while reference
10 the proceedings of the convention that
framed the Constitution, proves that it was the
intention to give to the federal government ex-
clusively the power to regulate commerce
But power to enter on general sytem of in
ternal improvements by the direct action of the
federal government or through the agency Of
corporations was denied, and hence it became
desirable to provide plan by which funds
could be procured to improve rivers and har-
bors. Aspecial clause was necessary in order
to avoid the argument against the imposition
of tonnage duties derived from the general
clause giving Congress the full power to regu
late commerce with foreign nations, between
the States, and with the Indian tribes.
Some members of the convention though,
that the power to levy tonnage duties remained
to the States, Notwithstanding the general pro
vision with regard to commerce, and that a
special clause was not necessary; but, to make
assurance doubly sure, aproposition was brought
forward declaring that the States should not be
restrained from levying duties of tonnage for
the purpose of clearing harbors and erecting
lighthouses. This proposition was modified
into requirement that the States should not
levy such duties without the consent of Con.
gress, and in that form was incorporated into
the Constitution, for the purpose of affording a
Source hou which the States couIu OBTAIN the
means of facilitating navigation; while care was
taken that the objects contemplated in giving
Congress the power to regulate commerce
should not be thwarted.
In the earlier days of the republic, many act.
were passed granting permission to the States
to levy tonnage duties for improvement pur
poses, and we believe that one ofthem, provid
ing for the harbor at Baltimore, is still in force
The practice was this: A State Legislature
would pass an act imposing duties on tonnage
for the benefit Of particular port, and request
the sanction of Congress; and we do not know
of one instance in which that sanction was
refused. During the last Congress, Senator
Douglas, of Illinois, brought forward a general
provision by which the federal government
should give its consent in advance, that each
State might authorize the proper authorities OF
any town or city to lay tonnage duties for the
improvement of harbors at such places, and
that the State legislatures might levy such du-
ties for the improvement Of rivers, wholly with
in the borders Of the State. 1t also gave the
consent of Congress to compacts between States,
having for their object the arrangement of ton.
age duties, for the improvement Of such rivers,
or other navigable waters, as formed their
boundaries, or might pass through them The
bilcontained safeguards and precautions which
we cannot specify at the present time
1T is most desirable to remove the internal
improvement question from the national legis
lature. 1t is fruitful source of agitation, and
is,a standing incentive to dangerous and cor.
rupt combinations, having for their purpose
wasteful and extravagant expenditures for the
benefit of individual and local interest ia
general system OF internal improvements. under
the direction of the federal government, should
be fastened on the country, it would soon be
followed by general decentralization. 1t would
disunite the States or build up consolidated
empire on the ruins of our federative system
BY transferring the river and harbor questions
10 the States great danger would be avoided
whist every security would be afforded against
useless works and extravaganza in making
those Improvements which might be needful to
commerce. No town will levy unnecessary or
onerous duties on its own trade, and no State
viii deliberately Cypress its own commerce.
But Congress can impose all needful limita-
lions and restrictions in giving its sanction to
the imposition Of tonnage duties, in order to
prevent abuses and to insure that the revenues