The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-26

the seaboad get up offer aIgumeat or make aspeech
on subjects of his kind. Sir ~ l7oe. when our const-
tuition went into operation, had little settlenentl
deserves no other than that when compared with
things as they exist al this umea little strip OF settle
menls along the sail water, and the constitution at that
lime seems have been pulled up by sort OF salt
impTegnaon IL has certainly brought forth spawn OF
all kind OF improvements for the seaboard and little or
nothing for the interior One OF the saltwater
tons OF the constitution IS that the interior States OF the
Union-athough the constitution expressly gives to Con-
gess The right 10 regulate between the several
States and OF course through the several Satesare TO
pc entirely dependent upon the seaboard States for
channel oil commercial communication through their
borders They assume the sole right of making rail-
roads, and OF taxing travel and transportation Just they
please and as much as they please They neglect 10
Keep common highways IN repair IN order to force the
ctzens OF other States TO and pay tolls upon artificial
works They may refuse 10 grant facilities IN con-
sueung direct lines OF railroad canal between import
AMI commercial points IN order TO force the citizens OF other
States to travel crcuitous routes 10 promote local inter
ests anthe sectional schemes OF particular States. This
has already been done by Pennsylvania II am correctly
informed IN refusing the Baltimore and Ohio railroad
direct route across her territory TO Wheeling Sir, II the
doctrine be conceded that this government cam under
circumstances, make road canal IN or through
State, then may the seaboad States prescribe what terms
they please 10 the people of the interior States as 10 the
manner In which they shall reach the ocean, that common
highway of all raons. They may block up all dirt
roads and tunpkes and compel all travellers and mer
chants TO seek transportation Tor themselves and property
such railroads canals and under such tolls as shall
be prescribed by local and sectional policy Sir, pro-
against any such doctrine 1t is 10 tell
that The States will never do these things. That is not
the question III they should do so, have any remedy
Ii they cut of from the ocean, have right TO appeal
to Congress 10 give right of way and commercial
road, so that may enjoy the privilege OF getting 10 the
ocean! mat IS the question. .a.
MIR. BUTLER | wish TO understand distinctly what
the proposition OF the senator s, because may make
some remarks Do understand the senator from Ken
lucky TO lay down the broad principle that if Kentucky,
or II corporation created by Congress, should design
having road by way of regulating commerce. il could
be done against the consent of The State OF Tennessee
Georgia. lh0aa
! Mr. UNDERWOOD shall lay down this PROPOSE
ton that i Tennessee shall undertake to say that the
produce, pass through her territory 10 get TO Georgia,
Alabama or Mississippi, then the people of Kentucky
have right to appeal TO Congress TO open way for
them, and 10 guaranty safe passage through it, that
! they may freely trade with the people OF the South
Mr. BUTLER, That is moi the proposition Bat
have you night 10 go through by road created by
| Mr. UNDERWOOD Ii the object cannot be accom-
plshed in any other way, have.
| Mr. BUTLER. wanted to make the proposition
pretty broad
MI UNDERWOOD Just as broad as you choose to
have it. ! maintain, if the State oil Tennessee should
declare 10 the people whom represent, You shall
go TO Georgia. 10 Alabama or even TO South Carolina,
through my territory you may around by the way OF
Virginia and North Carolina, il you please, you may
the Father of Waters and go around by Arkansas
and Mississippi but you shall not pass throug Tennes
); and undertake TO enforce the declaa alton, that
have remedy for The evil in the legislation of the Con-
gess of the United States, and in the Judiciary of the
obstruc Tree INSTRUMENTATION and commerce between
the several States Sir there danger that Tennes
see will ever deny kenuckans the right to pass through
her borders freely her citizens but she should
be so unmndiu OF ood-neghborshp and attempt do
H. believe her legislation 10 accomplish such object
would be VOID, as an niracuon OF the constitution OF the
United Slales, upon two grounds hrs 1t would be d.
recuy IN conflict with that provision of the federal
constitution which declares that the citizens of each
State shall be entitled to all PRIVILEGES and immuni
ties Of citizens IN the several Sales; second, it would
conflict with the rights OF inerconmuncaon and
merce among the several States which alone be reg
uaed BY Congress, and which clearly guaranteed TO
the people OF every State by the federal constitution
The power 10 regulate commerce among the several
States is part OF the clause which grants Con-
gress power"lo regulate commerce with foreign nations
he powers are Identical, and State inter-
eTe with the Internal trade and intercourse among the
several States than j, can interfere with the thing
with foreign nations We have, from the origin of the
government improved and harbors for the ben
EFT OF foreign commerce We have passed law after law
under democratic administration as well as wing, TO i'm
prove the Mississippi and other rivers for the benefit of
internal commerce. Now, If we can improve upon Ma.
ure, and make rivers and harbos for commercial pur.
poses better than they were, will not the
JUSTLY us in building road Sir, we have the power
and ought TO exercise whenever any State shall
derake 10 cripple and regulate the travel and
OF another State upon local motives and sectional
sideratons.
Sir il that power is not already in the constitution it
ought TO be there. think it is there. II II is not there
what is the consequence You allow the seaboard States
oil the Union TO regulate the business OF the interior
States at their pleasure you allow seaboard State to
cut on an interior Stale from TO the ocean, except
upon terms which that seaboard Stale may prescribe
this government is nothing but confede ralion-though
deny tbat-but ii il Is nothing but confederation and
each State can make It's own transit laws Just il
peases governing and property passing through
It's territory, imposing in the shape OF railroad
tolls, and setting slaves free, has recently been done
my word for il, such confederation will last Sir tbe
people Of my State Will never consent that The State OF
louisiana shall block up the mouth OF the Mississippi
and prevent their 10 the ocean, allow Louisiana
10 tax Their commerce and navigation upon that stream.
That good illustration. Will the senator fros South
Carolina, Mr.. BUTLER,l when he comes TO make his
speech, say that Louisiana has right 10 block up the
mouth OF the Mississippi, and prevent kenluckians IRON
going down TO the Gull and thence the ocean TO
any country oil the world The senator from Virginia
Dir. MAsoS,l though think he carried bis doctrine
little too TAR commended for right OF way the 18th
mus oil TehuanepeC upon legal principles Ii we may
insist upon right OF way foreign territory, much
may insist upon similar rgh across State OF
this Union. Ii Tennessee will not give or allow that
right TO the people OF Kentucky, how to get itl
MIR. BUTLER. Tennessee will alew you 10 use her
roads che them, but will not build one because
you want IT built.
Mr. UNDERWOOD. Suppose she will not have
right 10 ask her to build road for my But sup
pose she makesa law against my using the roads she
builds for herself, imposes such conditions that
cannot comply and consequently cannot her roads,
then what my remedy cannot 90 TO war with her,
because the constitution ties my hands in that respect
That remedy have There is none on EARTH unless
found in the powers OF the federal constitution Sir
want the people TO think about these things. said on
former occasion that II seemed 10 some gentlemen
construe the constitution OF the United States in such
way TO conhne IN executing its provisions 10 The
use OF those means and to those alone, which were