The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-11-24

show that the power OF Congress these subjects
limited by the constitution TO making shelters for the
navy and commerce aud thai The national government
had authority 10 cfeale Tor trade in or through
the several States We insisted that the constitution
had left with the States. be exercised by the
OF Congress all necessary power 10 provide or The
veniency OF their imports and exports !" and that this
power had been continually exercised since the adoption
The operations OF the national government aud in
ner calculated to meet tbs wishes oil the people, and pre-
serve the dignity and importance Of the State govern
menis. The National InielLgsner comba,s views,
without meeting or answering our Arguments liquotes
the second paragraph Of section Ten OF article one OF the
constitution, which prohibits the States from laying i'm
posts duties imports exports, except TO execute
its inspection laws. and which requires the net surplus
if any, be paid into the treasury and subjects such
laws to the revision and control OF Congress- appca
BILE to The case we presented II adds that moneys
not be drawn from The treasury, except in consequence
of appropriations made by law These provisions Of the
constitution have application whatever to the we
considered We wrote with reference 10 the third subd
vision OF section ten, which contains this clause mo
State shall without the consent Of Congress- lay any duty
OF tonnage"
We referred to Mr. Madsons explanation OF the clause
before the constitution was adopted showing that it
intended 80 secure 10 the States reasonable discretion
in providing for the conveniency OF their imports and
ports and 10 the United States reasonable check against
the abuse Of that discretion" to show what it then
understood to mean We did not refer to duties i'm
ports exports The Intakgsneer predicates It's whole
article apparently upon the supposton that we did So
The clause of The constitution relating TO duty on ton.
mage" confers authority upon Congress 10 require the
net produce any part Of the moneys collected, to be
for the OF the treasury Of the United States nor does
il authorize Congress 10 revise or control laws which the
States may PASS that subject Under this provision,
the States neither the agents in any under
the control OF the national government. When Con-
gress consents the exercise OF the power by State,
the latter with perfect Independence In giving the
consent, it has authority to impose any limitations
restrictions We can find no instance where Congress
has attempted require State TO account for moneys
received under this provision OF the constitution Under
the act Of April 30, 1916, Congress made the collectors
Of Charleston and Savannah and ST. Mary's agents 10
aid the States in collecting these duties and in the
tension OF this ac in May ~ 1922, these collectors"
required 10 transmit 10 the Secretary OF the Treasury
an annual account of the sums collected and the ap-
plica,ion OF them-ihat is, ITO pay the 10 such
persons as shall be authorized to receive the same
by the city council of Charleston" &c. On dgenl
search find other act requiring the rendition OF any
account by any one That the collectors. receiving
agents of be Sale should show that they had performed
their duty was all proper This acl OF 1872 has prob
ably betrayed the InteiGgsnr into the error OF saying
that the later laws these subjects also show that The
State agents employed had TO render their accounts oil
expenditures 10 the United States Treasury Department
This remark. though twice repeated By that paper We
believe 10 be wholly erroneous.
The Iieiigenesr is wholly mistaken in supposing tina
we contemplated the use OF The States agents O
the national government collect expend tonnage du
ties received, or that the constitution authorizes o
any law OF Congress makes any such provision. NJ
such agency has ever been created, and can b,
under the sanction of the constitution. The Ifeigenee
quoting from lis article Of ls4s, says: After 1922 we
do not perceive any more OF this legislation. refer
ence 10 the siaulebook will show that the following
acts have since been passed;
1924, May 49, "An act declaring the assent Of Con
gress to certain acts of the State Of Alabama"
1885, March 3. San act declaring the assent OF Con
gress TO an act of the general assembly of Virginia there
in mentioned"
1928, March 10. IAN act 10 revive and continue in
force An act declaring the assent Of Congress 10
tain act OF Maryland"
1885, May "a. AN act declaring the assent OF Con-
sress to an act OF the State OF Alabama"
1884, JuIy 10. An act giving the assent OF Congress,
10 an act OF the legislature Of North Carolina entitled
An TO incorporate company entitled The Roanoke
Inlet Company, and for other purposes and also to an
&C, amendsory thereof, which passed one thousand
eight hundred and wenty eight"
1885, March 10. " An act to continue in force an &C
therein mentioned, relating TO the por, Of Baltimore"
ls43 February "a San act to continue in force an &C
therein mentioned, relating TO the port OF Baltimore
1850, June 5. "An act to continue in force an ac
therein mentioned, relating TO the port Of Baltimore"
Seven of these passed after 1922 and before the
Tntiigeneers article written, and one since In 1850
Congress- for the thirty time, under that part oil
the constitution which permits il assent TO the State,
collecting duties tonnage" exercised the power and
gave the ascent TO which we referred With few excep
tons relating hospitals the States have applied the
moneys thus collected 10 improve rivers and barbors
From the first day Of the government until now
duties on tonnage have been collected by one OF
more States for this purpose, and without any known
complaint from any source. These duties have varied
from one 10 thirty cents per ion. If il was JUS
and proper to authorize certain States or State
to collect these duties why may this authority
be extended to all the States by one general law
by Congress pass la ,n0 the Staies