Washington sentinel., 1854-02-01

act of the Legislature TO amend and reduce int
one the several acts for improving the naviga
ton OF the Appomattox river.-See Statutes q
Large, vol. 2 p. l52. Consent of Congress
given to an act of the Legislature for improving
the navigation of James river; VOL ,, p. 2G9
Consent of Congress given to an act of th,
Legislature for the improvement of the naviga
ton Of james river, from Warwicks to Brock
ett's Landing; vol. 3, p. 3Ol. Consent of Con
gress given TO an act of the legislature for the
Improvement of the navigation of AppomattoA
river from Pocahontas bridge to Broadway
vol. 4, p. "a. Consent of Congress given to al
act of the Legislature authorizing the collection
OF tolls from vessels navigating James river
vol. 9, p 204. 49,.
NORTH CARoLINA.-Consent of Congress
given to an act of the legislature for the relief
OF sick and disabled seamen.-See Statutes al
Large, vol. ;, p. All. Consent of Congress
given to an act of the legislature to incorporate
a company entitled the Roanoke Inlet Com
pany; vol. 4, p. 573.
South CARoLINA.-Consent of Congress
given TO an act OF the legislature levying tom
mage duties for the purposes therein specified
vol. 2, PIP. 357, $40; vol. 3, PIP. 33l, 683.
GEoRGA.-Consent of Congress given to
acts Of the legislature levying tonnage duties
for the purposes therein specified; vol. !, PIP.
lsl, lS9, and 243; vol. ,, PIP. Is, 4S4, G58,
and $50; vol. 3, PIP. l25, 33l, 665, and 6S3.
ALADAMA.-Consent of Congress given to
acts of the legislature to improve the naviea
ton of the Tennessee and Coosa rivers vol
4, p. %. Canal around Muscle shoals to be
first made, United States engineers to furnish
plan vol 4, p. AL. Plan for improving
Tennessee river may be changed; vol. 4, p.
6O4. Consent given to act of the legislature
to incorporate Cahawba Navigation Company;
VOL 4, p. 3Os. May impose tolls on canals
around Muscle shoals; vol. 5, p. 81.
In this connexion it has been argued that no
tonnage duty can be laid upon domestic COM
merce. To sustain this position, we are re-
terred to the clause in the Constitution which
reads thus:
mo preference shall be given, by any regula-
ton of commerce or revenue, to the ports of one
State over those of another; shall vessels
bound TO or from one State be obliged 10 enter,
clear, or pay duties in another"
The last paragraph must be construed in
connexion with the first one in the clause :;
vessels bound to or from one State to another
shall not be obliged to enter, clear, or pay
duties in another, when such act will give
preference to the ports of one State over those
of another. The object is to prevent the ports
of one State from enjoying, by commercial
regulation, any advantages over those. Of the
other States. ,.,
The rivalries and conflicting regulations of
the States, which possessed the almost unre
stricted right to regulate commerce under the
old articles Confederation, mainly contributed
to the formation of the federal Constitution.
The chief defect was opposite and unequal regu
lations To this defect the remedy was intended
20, he 1,,t, L..
yond the defect. This object was accomplished
or revenue, the ports of the different States.
1t was not intended in this clause to equalize
the distribution of natural benefits by reversing
the laws of nature, but merely to equalize the
action of the government in relation to the va
rious ports, and also to harmonize the legisla
tion of the States upon the same subject. Mere
natural advantages or disadvantages the States
are to enjoy or remove. "
Will tonnage duties upon vessels (not their
cargoes) engaged in interstate trade, violate
the clause of the Constitution which | have
read The tonnage duty will be laid equally
upon all vessels which use the port, SO that no
preference will be given to any vessel or to any
State. Those vessels which use the port most
will pay the most, but they will also derive the
greatest gain. 1t was intended, in the clause
read, to guard against hindering and lettering
commerce by any regulation; the object here is
to promote commerce. The object here is
much more essential to commerce than the es
tabshment of marine hospitals or any of those
purposes for which tonnage duties have been
laid. 1t is difficult, then, to see how the laying
of tonnage duties which shall be imposed
equally upon all vessels-thereby preventing
preference to any, and the object of which is to
promote commerce-can conflict with the clause
of the Constitution alluded to.
Nor are we left to mere reasoning upon this
subject. The actions of the States and Con
gress both illustrate it. In 1888 the legsla
ture of Maryland passed an act levying tonnage
duties upon Interstate as well as foreign com
merce. This was while the old articles of con
federation subsisted. In 1871 the legislature
of the same State amended the last act only,
however, to the extent of reducing the tonnage
duty from two pence per ton to two cents,
leaving its imposition upon both domestic and
foreign commerce. This act was ratified and
confirmed by an act Of the Congress of the
United States the 18th May, 1896, and further
continued by an act 18th March, 1900.
Thus we have the deliberate sanction OF the
very fathers of the Constitution and of its ear
liest expounders, while the history of its for
maulOn anu lHe lTldS WHICH lcu 10 III were
fresh, to the imposition of tonnage duties upon
domestic commerce.
/ now submit, Mr.. Chairman, that have
shown the constitutionality of laying tonnage
duties for works of internal improvement, from
the meaning of the clauses in the Constitution
relating to the subject from the history of their
formation, and their contemporaneous practi.
cal exposition. had not the good fortune to
hear distinctly the argument Of my distin-
guished and eloquent friend from kentucky,
Mr.. EwINc; nor have | been able to read it
since publication. am hence developing my
own views, and, wherever our arguments clash,
each must abide the fortune of the conflict.
| now invite the attention of the committee
to this subject, under the head of expediency.
propose to show that this mode OF executing
works Of an internal nature will secure:
First, economy in laying taxes;
Secondly, economy in collecting taxes;
Thirdly asuccessful application ofthe taxes;
and, ...
Fourthly, restoration Of the government to
its orr pinal principles and simnlicity