SPEECH
OF
HON. LEWIS CASS, OF MICHIGAN,
ON THE
PRESIDENT'S VETO MESSAGES
THE RIVER AND HARBOR APPROPRIATION BILLS.
DELIVERED IN THE SENATE OF THE UNITED STATES, JULY 7, 1856.
WASHINGTON 
PRINTED AT THE CONGRESSIONAL GLOBE OFFICE.
1856.








'RIVER AND) HARBOR IIPROVEMIENTS.
The'Senate having under reconsideration, agreeably to  the immense basin, drained by the great artery
the Constitution, the bill to remove obstructionsto naviga-  of the North American continent, which, drawtion in.the mouth of the Mississippi river at the Southwest ing its supplies from the fountains of the North,
Pass and Pass a I'Outre, which had been returned by the  pours them into the ocean under a tropical sun,
President of the United States, with his objections-  of its powers of production, the impediments to
its navigable streams, and its claim, not upon the
Mr. CASS said: Mr. PrIesident, the principles  liberality, but upon the justice of Congress. It
involved in the billunder consideration, and which  is a magnificent region; and its settlement and
has been returned to us with the veto of the Presi-  progress are among the proudest monuments of
dent, are the same as those involved in the bills  hunuan enterprise and industry, which the world
for the remnoval of obstructions in.the St. Clair  has ever seen since man was banished from his
and St. Mary's rivers, each of which has been  first residence, and went out with the primeval
marked by similar executive disapprobation.  curse upon him. The enduring blessing has it
Remarks applicable to the former apply equally  proved inthe dispensation of a kind Providenceto thelatter, exceptingthe local differences, which,  "In the sweat of thy face shalt thou eat bread." 
however, do not touch the general subject of con-  It is but yesterday, as it were, that the upper porstitutional power. Under these circumstances,  tion of this world of forest and prairie came
as' the people of Michigan feelpeculiar interestin  within the domain of civilization. I have dethe contemplated improvement of the two rivers  scended its mighty river two thousand miles in a
-straits rather-connecting the great northwest-  birch canoe, when there was hardly a white man
ern lakes', and'forming the line of demarkation  above St. Louis, and already it is becoming th'e
between the United States and Canada, and also  highway of an empire.
in the question of the removal of river and harbor    The man yet lives, who was living when the
obstructions, I shall trespass upon the indulgence  first tree fell before the pioneer's stroke in all that
of the Senate, by offering for its consideration  vast region of power and productiveness; and the
some observations upon the power of appropria-  man now lives, who w'ill'live to see it contain one
tion for these objects; a subject of importance to  hundred millions of people. It seems to be a
the whole country, but vitally so to certain por- dream, rather than a reality-the fantasy of an
tions of it. I leave to others, to whom it more  eastern imaginatiofi, instead of the stern perappropriately belongs, to portray the condition  foriance and promise of actual life. I have seen
and:the wants of the vast Mississippi region  it grow up to its'present gigantic proportions,
interested in this subject, confining any local but it will continue to grow and grow, long after
views I may present to the country where I have  I shall have become indifferent to that scene of
lohg'lived, aind with which I am more intimately  youthful enterprise and exertion-that object of
acquainted.                                     national pride and hope. I say hope, sir, because
The Senator from  Louisiana, who has just: the destinies  of this Republic,' in the event' of
taken his seat,' [Mr. SLIDELL,] has clearly and  internal dissensions, will be:found in the hearts
forcibly explained' the claims, which' the obstruc- and'heads and hands of the people of the West,
tions at the mouth of the'Mississippi have upon  and there they will, I trust, be safe. That mighty
the attention of the Government, and, in my  community will hold this Union together with
opinion, has'shown conclusively, that the views bands of iron, softened by affection and patriotism
of the President in relation to this subject are  to bands' of silk. They cannot leave you, and
erroneous, and cannot be maintained; and some  with'their permission you will never leave them.
days since we heard from  his colleague.[Mr.. And should the time come when a dissolution of
BENJAMIN] a powerful and graphic description of this Confederation shall be seriously attempted,




4
it will be wise to remember, that beyond the  far to destroy its principle of confederation, and
Atlantic border there is anll empire of freemen-  to substitute that of consolidation.  But I think,
by instinct, and education, and feeling-lovers of sir, that a very cursory examination of the subequal rights and free government-Americans by  ject will be enough to show, that this association
principle and patriotism-strong in numbers and  of objects has no legitimate bond, and that the
in all the elements of power, and holding on to  President's apprehensions are as groundless, as
the great politica work of their fathers with a  the assumption itself is erroneous.
grasp of force and a tenacity of purpose, which    Sir, seriously to assail such a system  is to
no threats can enfeeble, no promises can relax.  attack a phantom. No man advocates it now.
Before the evil day has done its work, they will  I am not aware that any man ever did advocate
do theirs. They will strive to preserve, and God  it as within the power of Congress. As a matgrant they may be able to preserve, the ark of our  ter of speculation extensive crudities connected
freedom from danger, and carry it safely through  with this power may have been advanced, but
the troubled waters, though these may overflow  they are not worthy of serious consideration.
all their banks                                  And I must confess my surprise that the PresiWe have now, sir, five messages fiom the  dent has so tenaciously adhered to the idea, and
President, communicating his views upon the sub-  so repeatedly dwelt upon it, that the removal of
ject of harbor and river improvements, or, in other  any obstruction to navigation is a part of a great
words, upon the removal of obstructions from   system  of internal improvements, with all its
the navigable waters of our country. Though I  objections and dangers.  A bad designation is
do not find them identical, yet I prefer no charge  sometimes an overmatch for a sound argument;
of inconsistency against that high Magistrate,  and the power to render a harbor accessible may
and in that respect I agree with the Senator from   perhaps' be defeated by putting it into obnoxVirginia, [Mr. MASON,] and not with the Sena-  ious company, and associating it with a gigantic
tor from Louisiana, [Mr. BENJAMIN.] I have lived  scheme of public works, and as making part of
long enough to know, that rigid tenacity of opin-  it, when it would survive the attack and gain
ion is not a proof of wisdom, any more than habit-  strength by a true constitutional analysis.  Unual vacillation; and that we live to little purpose,  doubtedly, at one time, there was a tendency
if we do not learn, that the experience of yester-  to push a plan of material improvements to a
daymay produce a change in our convictions of dangerous extent, when the term " internal imto-morrow. That the President's ideas upon this  provements" was almost a party watchword,'subject have gradually become more unfavorable  and was cherished with fond hope by those, who
to the exercise of the power is perfectly obvious,,  sought to make our Governmnent what was called
and that the alteration has been the result of ma-  a MAGNIFICENT ONE. But General'Jackson, by
ture reflection no one has the right to question.  his Maysville veto, dealt a fatal stroke to this
So far as this change bears necessarily upon the  project, and since then a system of internal imcourse of the discussion, I shall examine it, but  provements has disappeared from  the political
I shall not travel out of my way to seek it.     arena. He denied the right of Congress to make
The President, in each of these documents,  roads and canals, and declared that the Constituspeaks of a general system of internal improve-  tion must be changed before such a power could
ments, and connects the removal of every obstruc-  be exercised. It is a well known fact that, at the
tion with a gigantic scheme of artificial works;  time he took this decisive measure in defense of
and, in the most elaborate of these veto messages,  the Constitution, there were applications pending
he quotes the remarks of Mr. Adams upon the  before Congress for objects of this nature to the
subject, who described the plan as one to checker  amount of $106,000,000, which would have been
overthewholeUnion with " railroads andcanals,"  but the inauguration of an era of splendid works,
and to which the President adds, as a necessary  had it not been for this act of wisdom  and firmconsequence of the establishment of the power,  ness.  But, while doing so, he admitted the
turnpike and ordinary carriage roads, the drain-  authority to render navigation more "safe and
ing of marshes, the construction of bridges, the  easy" by the removal of impediments, and therecreation of levees, the oonstruction of canals for  after approved many bills for that purpoqe. And
irrigation, and "all the possible means of the  the Senator from Georgia [Mr. TOOMBs] is under
material improvement of the earth, by developing  an entire misapprehension, when he supposes
its natural resources, anywhere and everywhere,  that General Jackson denied the power of Coneven within the proper jurisdiction of the several  gress to remove obstructions from  rivers and
States;" and he adds, also, objects of public in- harbors. At the.very session when he sent in
struction, hospitals, establishments of science and  the Maysville veto, and after he took that step,
art, libraries, and works of public utility. And, he approved of appropriations for these very obif I understand the President, he maintains that jects, to the amount of $672,566. And, during
"6 the admission of the power in either of its senses  his Administration, a larger sum was appropriated
implies its existence in the other;" or, in different  by Congress for these purposes, and approved by
words, that if Congress have the constitutional  him, than during any other equal period of our
power to remove an obstruction in the Mississippi  legislation. Mr. Calhoun,also,while denouncing
river, it has also the power to'provide for the  " works belonging to internal improvements" as
various objects above enumerated. If such be his  unconstitutional, maintains the power of Conopinion, he might well withhold his assent from   gress to make " appropriations and expenditures
a measure,which would work such a fundamental  for the improvement of the navigation of the
change in the structure of our Government, doing  Mississippi and its waters."




H e:     -
Mr. TOOMBS.  The honorable Senator from   truth is always desirable, I was glad to see that,
Michigan will allowme to correct him.  I did not  in the recent Opposition political convention at
say that General Jackson's practice was uniform;  Philadelphia, a resolution was passed embodying
but he did veto river bills on the express ground  the true constitutional doctrine upon this subject,
of unconstitutionality.  He vetoed the Wabash  and which declaredimprovementbill and others.  1 admit his practice    "That appropriations by Congress for the improvement
was not uniform; he did violate the principle.    of rivers and harbors of a national character, required forMr. CASS.  I do not recollect the facts of that  the accommodation and security of an existing commerce,
are authorized by the Constitution, and justified by the ohcase, and I shall not go into it because I have not  ligation of Government to protect the lives and property of
time.  I am sure that, when he vetoed that bill,  its citizens."
he did it on the ground that the work was not a    I repeat, sir, and this brief review renders it
national one-not that there was no power in the  more apparent, that the President is unfortunate
General Government to improve rivers and har-  in dwelling, in each of his messages, upon a
bors, but that the Wabash was not one of the  gigantic  scheme of internal improvement, as
class of streams, proper for the exercise of the  though the power and practice were the question
power.                                            presented to him, when the subject was in the
The President, in like manner, in his veto mes-  form of a very modified application of expendisage of 1854, recognizes the difference between  tures for purposes to serve as " aids of navigathe adoption of a system  of internal improve-  tion." Has Con ress power by the Constitution,
ments, and the construction of a class of works  to provide these aids? That is the question,which'C n'ational in their character. " This distinction is  must be met, and satisfactorily answered, before
found in his veto message of December 4,1854, in  the power can be exercised.  Certainly-as has
which he says that " the bill belongs to that class  been said by the Senators from Virginia and
of measures, which are commonly known as inter-  Georgia-the grant must be an express one, or
laal improvements by the General Government,"  an implied one, necessary to the execution of the
and he returns it without his signature.  But he  former, or Congress must repudiate the authority
goes on to add:   I recognize in it certain provis-  to exercise it.
ions, materialin theircharacter,andwhich, if they    In the consideration of this subject I dismiss
stood alone, it would be compatible with mny con-  the general-welfare clause, and its kindred p/ovictions of public duty to assent to," notwith-  visions of more general import; believing, with
standing they were internal improvements.         the President, and with Mr. Calhoun, that these
Now, sir, I trust that these opinions of General  phrases contain no integral grants of power, and.
Jackson, of Mr. Calhoun, and of General Pierce,  that the objects indicated by them are only to be
will redeem those of us against whom it was pre-  attained by means of the specifically enumerated
ferred from a charge of inconsistency, made some  powers of Congress.
years since by the honorable Senator fiom South    And I dismiss, too, the inquiry into the jurisCarolina, [Mr. BUTLER,] and renewed by him   diction over public works arising out of the purthe other day. The charge was, that, while pro-  poses of war, and its corollary, the means of
fessing allegiance to that part of the Baltimore  defense, whether applied to the Army or Navy,
platform, which repudiated the establishment of  not because I have any doubt as to the authority
a great system of internal improvements, we ad-  of the Federal Legislature to make all proper and
vocated and voted for the removal of obstructions  necessary arrangements for these elements of
in rivers and harbors of a national character.  national security, but because the authority is not
The former power was denounced by that repre-  questioned, and the present investigation is theresentative body of the Democratic party, the latter  fore confined to the great purpose of the business
was left unquestioned; and among the most stead-  and intercourse of the country, affected by the
fast of the friends of these river and harbor im-  removal of obstructions from  its harbors and
provements was that pure patriot, Silas Wright,  rivers.
who had an important agency in the adoption of    1 repeat, has Congress the constitutional power
the Baltimore resolution. The difference is essen-  to remove them?  I believe it has; and, in the
tial, both in its character and operation.  While  words of Mr. Calhoun, I believe that " the power
the:general system opens the way to dangerous  is to be found' in the authority" " to regulate
consequences, both in legislation and in admin-  commerce with foreign nations, and among the
istration, thie specific power to provide-" aids for  several States;" and more especially in that " to
navigation," as President Pierce aptly denomin-  regulate commerce among the States."
ates it-and  much'more aptly than when he    And I desire here to say that, while there is
elsewhere classes it with the objects of internal  much in Mr. Calhoun's Memphis report with
improvement-is restricted within safe and rec-  which I fully concur, and marked, as it is, with
ognized limits.  It concerns navigation alone, and  his characteristic clearness and sagacity, yet there
can only be used for purposes, as Mr. Monroe  are two points from which I dissent; one is, the
- said, "of general, not local-national, not State  limitation of the power of Congress, to remove
benefit."  And, according to Mr. Calhoun, it is  obstructions fiom  rivers, to those which run
confined to the " commerce among the States, to  through or by three or more States; and the other
the external commerce with each other as States,"  is a similar limitation of the power to remove
&c. And this latter view, respecting the com-  harbor obstructions to harbors of refuge. I shall
merce of the States, is in conformity with the  not discuss these points, contenting myself with
opinion of the Supreme Court, pronounced by  the expression of my dissent.
Chief Justice Marshall.  And as the progress of    The first inquiry is into the meaning of the




u
phrase'" power to regulate commerce;" and be-  after all, to borrow the language of one of our
fore considering it, it seems proper to advert to  ablest jurists, those constructions are the safest
the phraseology of the Constitution, as connected'which have their " origin in common sense;" and,
with delegated powers. It has been well re-  as the Supreme Court said, the extent of powers
marked by the Supreme Court of the United States,'" should be determined by the language of the
hat that great instrument is one of enumeration, instrument which confers them, taken in conand not of definitions. Itmust necessarilybe so,  nection with the purposes for which they were
and the meaning of the terms it employs must be  conferred."
found in their received acceptation, as applicable    I need not pursue this investigation; but apply.
to the purposes obviously sought to be obtained. ing the principles thus developed to the power to
A rigid construction-that is, a construction rigid-  regulate commerce, we shall be better enabled to
ly excluding all tendency to loose interpretation, ascertain the extent of congressional authority,
and to the exercise of powers not fairly applica-  which that grant conveys.
ble, necessary indeed to the specified purposes-    If I understand correctly a remark of the Senis at once the dictate of wisdom and of safety. ator from Georgia, [Mr. TooMBi,] he considered
But a construction which, in the language of  this power to regulate commerce a clear and defJudge Marshall, would " contract every power inite one. But it was not so considered in the
within the narrowest possible compass," and  convention, for when this clause was under diswould liimit such power to the narrowest exer-  cussion, Mr. Madison remarked, "These terms
cise, compatible with the words employed, would  are vague."  And the uncertainty consists, not
render our frame of Government utterly unfit to  only in the extent of the power to be exercised,
perform its functions-would make it, indeed, a  but in the objects they embrace. And this was
subject of ridicule, instead of patriotic respect.  also the opinion of Mr. Calhoun, who observes, in
Congress, says thle Constitution, shall have  his Memphis report, that the word "' commerce"
power "to establish post offices and post roads."  here employed is not free from ambiguity, and
Upon this apparently circumscribed, foundation  that there are few words in the language more
has been built up the extensive fabric of the Post vague than the words'to regulate," and certainly
Office Department, with its heavy receipts and  experience has shown that this criticism  upon
expenditures-its fines, penalties, and punish-  them is correct. Commerce, strictly speaking, is
ments-its hosts of employes-and a system of traffic, the interchange of commodities.  The
administration penetrating the Union, and ex-  mode of its operation, by the force of the term,
tending its operations to the uttermost parts of makes no part of its definition. Navigation is
the earth. The laconic phrase,' Congress shall transit by water, one of the means-the principal
have power to declare war, " conveys to that body  one, indeed, of carrying it on. The Constitution
authority to place our country in a hostile atti-  contains no grant of power over navigation in
tude towards the other Powers of the earth, but those words, but it has been generally, I may
if the right to act stops with the words, we should  say universally, conceded, that this subject is in
exhibit a strange spectacle of national improvi-  our system of government a branch of commerce,
dence and imbecility. But nobody has had the  and that the right to regulate the one carries the
folly thus to restrict the terms of the grant, and  right to regulate the other. Such has been the
to cripple-emasculate, indeed, the strength of  practical view  of the legislative, the executive,
the Republic. But the words, though few, are  and the judicial departments, since the adoption
mighty in their extent and operation. And the  of the Constitution. Such has been the doctrine
specific powers " to raise and support armies,"  of the Supreme Court, which pronounced that a
and "to provide and maintain a Navy," have  power to regulate navigation is as, expressly
been exercised, and necessarily so, upon objects  granted as if that term had been added to the word
not embraced in the actual language employed, " commerce"-as if the general power were to
but indispensable to the attainment of the consti-  regulate navigation; and that the "mind can
tutional purposes in view. And the direction of scarcely conceive a system  for regulating comthe use and employment of these arms of national merce between nations, which shall exclude all
strength have been assumed and exercised by  idea concerning navigation," &c. And this conCongress without opposition, though that power  struction has been fortified by the language of the
of supervision is not deducible from  the bare  Constitution in other respects, as Judge Marshall
words themselves.                              remarks, by its reference to the exemption of
It being obvious, then, that the least possible  vessels bound to or from one State from entering,
modicum of power, consistent with the most clearing, or paying duties in another, as well as
limited construction of the language employed, to other provisions. And if tiis were not the true
would furnish a very erroneous rule for its inter- interpretation of the Constitution, then there is
pretation, it has been an object with the judicial no point of union for this great branch of national
tribunals and with commentators to inyestigate  power and prosperity, nor any common adminisand determine the true principles of interpretation  tration over it. The control will remain with the
in all cases of doubtful phraseology. These in-  States, and one of the principal objects sought
quiries now make part of our constitutional his- to be attained by the change of a confederated to
tory, and are well worth the careful. study of  a constitutional Government has failed in the
every man, who desires to become familiar with  accomplishment. The Supreme Court has still
the, various questions, which, adjusted or open, further extended the operation of the word" cornare embodied in that history, and which, from   merce," by deciding that it includes "intertime to time, have divided the country. But, course," the reciprocal intercommunication of




persons, which takes place between us and the  beyond the evil. And hence the restriction which
other nations of the world; and their decision has  limits the power to regulate commerce to the exbeen fortified- by the course of our legislation.    ternal relations of the States with foreign nations,
Recurring to the question-what is the extent and with each other, to the exclusion of their
df' the power to regulate commerce-the first in-  internal commerce as the evil to be remedied,
quirylsinto the operation of the word "regulate,"  resulted wholly from the one, and not at all from
in this connection. Is it' confined, agreeably to  the other."
its narrowest construction, to a simple power to    This historical exposition of the commercial
prescribe rules by which a thing shall be done; relations of the States, showing the necessity
or does it reach other objects essential to carry-  of one general directing power, is confirmed by
ing into effect the purposes of this power over  all other accounts, cotemporaneous or tradicommerce? I have already adverted to the well tional. The resolutions of the Legislature of
known fact, that the Want of jurisdiction over  Virginia, of 1784, among the predisposing causes
this subject of commerce was one of the great which led to the convention, declared such a
objections to the Articles of Confederation; and  measure indispensable in order to prevent " anito remedy the evils already existing, and daily  mpsities, which cannot fail to arise among the
growing more alarming, was one of the most several States from the interference of partial-and
powerftil motives for calling the constitutional- separate regulation,"'&c. And Judge Marshall
convention. The revolutionary Government was  remarks-, when speaking of this subject, that
alinost powerless in relation to this matter, and  "the power over commerce, including navigathe States were beginning'a war of restrictions  tion, was one of the primary objects for which
and prohibitions, which would have soon severed  the people of America accepted their frame of
the weak bond of the Union. And with regard  government, and must have beencontemplated in
to'other nations the subject was equally embar- forming it."  Judge Johnson, of the Supreme
rassing, for Congress could not enforce commer-  Court, described the course of legislation that
cal treaties, nor preserve- the public faith. All took place as leading to "iniquitous laws and
this, together with the discussions and excite- impolitic measures."
ment it produced, makes part of our history    Passing from this historical summary, I return
during that dark period, which intervened, be-  to the'clause embracing the subject, with a view
tween the recognition of independence and the  to its trueinterpretation. Ihavealreadysaid, that
commencement of the new Government. It is a  the word " commerce" isfarfrom being a definite
most instructive chapter in the annals of our  term, and still further from that characteristic is
national experience, and should be carefully  the word "regulate."  Mr. Calhoun says of it,
studied by every one, who seeks to know through  that " there are few words in the language, when
what a perilous crisis we passed before the glo-  thus used, more vague than the word to' regulate.'
rious consummation ofthat more perfect Union,"  It has, as commonly used, all the shades of meanand of that security of the "blessings of liberty  ing from. the mere power of prescribing rules to
to ourselves and to our posterity," which took  that of having absolute and unlimited control
the place of doubt, of division, and of political over the subject to which it is applied."  Unimbecility.                                   doubtedly its primary and most usual significaM'r. Calhoun well says, in his remarks upon this  tion is to prescribe rules, by which a thing shall
subject, written with his accustomed force and  be done; but it extends far beyond this, as in the
accuracy, that " the present Constitution was  regulation of the finances of a country, where it
adopted-to remedy the defects of the old Articles of undoubtedly confers - in the language of Mr.
Confederation. Among these none were found  Calhoun-" absolute and unlimited control over
more embarrassing, orhaving a stronger tendency  the subject."  And so thought Mr. Webster
to weaken the Union in its foreign relations, or  when he said, " no words can embrace a wider
to alienate the attachment of the States from each  field than commercial regulations," &c; and
other, and bringthem into collision,than the power  Chief Justice Marshall, when he described them
they possessed under the Confederation of regu- as conveying " full power over the thing to be
lating commerce," &c. "'The embarrassments,  regulated."
distraction, and hazard of collisions, growing out   There is' no doubt, as was well remarked by
of the power reserved'to the States respectively  Mr. Calhoun, that the preexisting state of'things
to regulate their commerce with foreign nations  in the colonial times had its effect upon the grants
and with each other, were so great'and alarming  of power in the Constitution, and upon the conas to cause the reflecting and patriotic to demand  struction, which has been given to their exercise.
a speedy and effectual remedy; and contributed, The words conveying them were used in that
more than any other cause, to the calling of the  signification to which the country was accusconvention which formed the Constitution, as is  tomed, and some of them were extended or rewell known.  Care was accordingly taken to  strained'by that circumstance; and they were
apply effectual remedies, as might be expected, also controlled by the inconveniences arising out
by delegating to the newly-formed Government  of the former system. And this tendency has
the exclusive power of regulating the commerce  not escaped the observation of Judge Story, who,
of the States with foreign nations, and with one  in his Commentaries, refers'to the natural transfer
another; and prohibiting, without qualification,  of a power to the Federal Government, because
the States from entering into alliances or confed- it had been previously exercised by the Crown.
erations, as has been stated. But equal care-was, Thus, under the royal Government, the power to
at the same time, taken not to extend the remedy  regulate commerce was in the Crown, and it




carried with it the " regulation" of light-houses  twenty-eight —the whole number-and nine memand other " aids " to navigation in the navigable  bers of the House, out of ninety-three-the whole
waters.  And this led the more readily to the  number-who had held their seats in the constigeneral acquiescence in the possession of the same  tutional convention; and that, of all the mempowers by the Federal Government; or, in other  bers of both branches, amounting to a hundred
words, in the construction which extended com- and twenty-one, fifty-four had been delegates to
merce to navigation, and the power of regulation  the old Congress. Their names are all given,
to material aids, to render it " safe and easy."  and some of them are as familiar to us as houseThe colonies not being possessed of those powers  hold words. That act of August 7, 1789, recogwhen subjected to British supremacy, and the  nized the principle that the regulation of comcotemporaneous and unquestioned construction  merce is not a mere declaratory power as to the
of this phrase, at the organization of the Gov- mode in which it shall be carried on, but that it
erminent, show, as do also its continuance to  includes also the means of "facilitating and
this day; that the power to regulate is a power securing it;" for that is the authority thus hisnot merely to direct, but to aid commerce, or torically claimed.  But, besides these objects,
rather navigation, the affiliated branch of it.  there are others, depending on the same princiThe ninth statute in the statute-book of the  ple, which have since, by universal assent, been
United States is, " An act for the establishment provided for by Congress-such as hospitals for
oflight-houses,beacons,buoys, andpublicpiers;"  seamen when sick or disabled, their support
and itmakes provision for their "support, main-  when indigent in foreign countries, and their
tenance, and repair," for the purpose of render-  return to the United States; surveys, not for the
ing the navigation " easy and safe," for such is  Navy, but for the commercial marine; "reconthe declared object. The President, in his veto  noissances" like that for such parts of Behring's
message of January 3, 1855, in reviewing this  straits and the China seas "'as are frequented by
class of legislation, remarks that, " The practice  American whale ships and by trading vessels;"
under all my predecessors in office, the express  life-boats; the dispatch of vessels for relief in
admission of some of them, and absence of all hazardous seasons; and other objects, which I
denial by any, sufficiently manifest their belief have not time to seek.
that the power to erect light-houses, beacons,   Then, sir, the power to regulate commerce inbuoys, and piers, is possessed by the General eludes the power to aid navigation; and among
Government."  And he adds that, "In accord-  other means, by rendering it more "easy and
ance with long-established legislative usage, Con- safe."  And we have also the authority of Gengress may construct light-houses and beacons, eral Jackson and of Mr. Polk to the same point.
and provide, as it does, othel' means to prevent The former said, in his Maysville veto message,
shipwrecks on the coasts of the United States."  that the exercise of the power to render-" naviHere,'then, we have the admission of the Presi- gation safe and easy," by light-houses. beacons,
dent, of his predecessors, of Congress, of the  buoys, and piers, is coevalwith the Constitution;
country, indeed, from the initiation of the Gov- and the latter, in his message of August 8, 1846,
ernmnent to the present day, with the exception  that Congress has- exercised this power coeval
of the Senator from Georgia, [Mr. ToOMBeS,] who,  with the Constitution, "for the purpose of renI believe, has been the first to deny the power of, dering navigation safe and easy, and of affording
the Federal Legislature to establish this class of protection and shelter for our Navy and other
works, and particularly light-houses, that there  shipping."  And we have thus reached the prinis a constitutional power to construct and main-  ciple of jurisdiction, and are brought to the pract:ainthem. Whetherthe Senator so restricts thein-  tical question of the extent to which it may be
terpretation of theword "commerce" as toexclude  applied. And we have reached also that debatanavigation from its operation, he has not told us. ble ground in our Government, where the posIf he does not, his construction is not as strict as  sibility of the abuse of a power is so often urged
it might be; and if he does, and is right, our pro- as a reason against its constitutional existence.
ceedings upon this subject form  a remarkable  It is a branch of the subject I feel no disposition
example of false legislation, which has gone on  to press upon the attention of the Senate. A tendunquestioned for almost seventy years.         ency to the abuse of power, by the excessive
The act of Congress of August 7, 1789, which  application of it, is common to all Governmentsenumerates these objects-" aids to navigation"  to our own as well as to others. Such is the im-and to which the President refers', was signed  perfection of language, that it is impossible to
by Washington, and approved, so far as we  confer a power, which, in legislation or in adminknow, by many of the eminent men, who had  istration, may not be liable to abuse, honestly or
been members of the convention that framed the  dishonestly. But still, powers must be vested
Constitution, and had seats in the First Congress, somewhere; and thatpolitical system is the wisest,
that convened under its' authority. I have re- which grants, not the least, but the least that is
quested Colonel Hickey, who is not only our  compatible with the just objects of Government,
able and faithful Clerk, but is intimately ac- and provides the surest means for its proper use,
quainted with the history of Congress, to ascer- and the safest checks against its abuse.
tain how many members of the First Congress    There are objects, which, from their very nahad been members of the convention; and he has  ture, carry with them more temptation or liability
prepared an interesting list, that I hold in my  to misgovernment; and it is here that most cauhand, and which shows that there were, in that tion should be exercised, both in the grant of
Congress, eight members of the Senate, out of  power and in its administration. But it would




_    ____ E*r_                   _                 _    ~T                      ~
be a waste of time to refute the proposition, that   The language of the President above quoted is
where there may be vicious legislation, there no  not Avery definite; nor indeed, does the subject
power to legislate exists.,                    admit absolute precision. It is conceded,that
I have saidl, that the gentleman from Georgia  some of the river and harbor improvements are
and others like him-if'there are any such-who  within the competence of Congress, while it is
deny the power of the General Government. to  cbntended, that others are not; but we are left
construct light-houses, or to provide any other  without any explanation of the difference in the
" aids" to navigation, are free from the embar-." nature" and " degree" of those works, which
rassment to which the President and those who  vest some of them with a constitutional character,
think with him are exposed in seeking a tangible  and divest others of any such pretension. The
boundary, after once admitting the jurisdiction  Chief Magistrate suggests to Congress' no pracof Congress over the subject. Inthis, as in many  tical guide for its inquiries in that direction. The
other cases, it is the first step, which creates the  President says, that, in accordance with longdifficulty. Though there are certain principles  established legislative usage, Congress may con-constitutional limitations rather-to which I  struct certainworlks. Isupposethat" long-estabhave already alluded, and shall again.advert,'that lished legislative usage" is not here assumed as
restrict the power of'Congress over this subject the foundation of the power,, but as a practical
within far narrower limits than would be occu-  interpretation of the Constitution, entitled to great
pied by a general system  of internal improve-  weight. That interpretation establishes the prinments, yet, even with this restriction., much is  ciple of jurisdiction, and its extent must then be
left tolegislative discretion, as there must be in  measured by the nature of the subject,'as in all
all cases of public expenditures.              other cases, where a specified boundary is not'The President, while conceding " that, beyond  prescribed to the action of Congress. The sugthe purposes of national defense and maintenance  gested limitations referred to by the President are
of a navy, there is authority in the Constitution  said to be those of constitutionality and expedi-'to construct certain works ii aid of navigation,"'  ency both. As the former, if they.exist, render
contends " that the conclusions in favor of the  an inquiry into the latter unnecessary, I shall.
-power deduced from cotemporaneous construe- confine my observations upon this branch of the
tion and long-continued acquiescence are them-  subject to the power, without touching the disselves suggestive of limitations of constitutional-  cretion of Congress.
ity, as well as expediency, regarding the nature    There is a constitutional power, admits ths
and the description of'these aids to navigation, President, to provide' aids to navigation."
which Congress may provide, as incident to the    The First Congress and subsequent acquiescence
revenue power; for at this point the controversy  established the principle by the exercise of the
begins, not so much'as to the principle, as to its  power.
application.."' That is, if I comprehend the Pres-    The President assumes that the extent of this
ident's meaning, the constitutional action of exercise, and not the extent of the principle itself,
Congress is conceded, but its application, or, in  is the test of the power, and that it becomes a
other words, the exercise of the legislative dis-  constitutional limltation, which Congress cancretion, under an acknowledged grant of power, not " overstep," to borrow.a phrase from Mr.
becomes the matter in controversy. I do not see, Madison.
if the power exists, wherein it differs in its op-    But this position is erroneous as a constitufration from other grants, or how its application  tional test, and inapplicable as a practical one.
can test the authority of Congress any more than    It is not to be dented, that the power to render
the extent of the exercise of other powers can be  navigation " easy and safe" by public works is
tested by a similar process. Nor do Iv compre-  established as a constitutional one, both by the
hend'what are the nature and description of those  express declaration and by the legislative action
aids, which suggest constitutional and expedient of the First Congress, so far as its cotemporanelimitations to the action of Congress, nor how  ous opinion can have weight in the decision of
they operate to produce that effect. In explana-  the question. The mode of thus making it " easy
tion and. confirmation of his position, the Presi-  and safe" was not pronounced, but certain pro-'dent says that, " in accordance with long-estab- visions for that purpose were enacted, which yet
lished legislative usage, Congress may construct make part of our system of administration. Now,
light-houses and beacons, and provide, asit does, if I am fortunate enough to apprehend the views
other means to prevent shipwrecks on the coasts  of'the President, he assumes this action of the
of the States. But the General Government can-  First Congress, not only as an authoritative e>not go beyond this, and make improvements of position of the Constitution with respect to tfh
rivers, of the value and to the degree of all the  power, but also with respect to the extent of its
provisions of the bill of the last session of Con-  application, and that what was then done may
gress."'Judge Story,in adopting the principle,  now be done, and as and because it was done.carries it to its legitimate consequences. He says, then. I hold in high estimation the public men
in his Commentaries, that " the power to regu-  of that day, and review their labors with favor
late commerce extends to the construction of and respect. And I accord great weight to their
light-houses, the placing of buoys and beacons, practical interpretations of the Constitution itself
the removal of obstructions to navigation in creeks, their work, and the early legislative proceedings,
rivers, souinds, and bays, and the establishment of the commentary upon it, of many of the very
securities to navigation against the invasions of  men who, after laboring for the adoption of the
the ocean."                                    new government, accepted seats in its first Legis=
*~~~~~~~~~~~~~




10
lative Assembly to lend their aid to its suecess- then, but at successive periods, has the power
ful.inauguration.  But this deference to their  been extended, as I have said, to other objects, to'views had its limits, and the great constitutional life-boats, to fog bells, to hospitals, tothe support
standard of measurement is always at hand to  and return of absent and infirm seamen, to surapply to and measure controverted questions, veys of the ocean and the lakes, to the dispatchli
whether of an earlier or of a later day. And two  of relief for disabled vessels, and still to other
of these questions, which long agitated and divid-  "aids, " having relation to the interests of navied the country, have been carried by appeal to  gation. All these interpositions have been gen-'our great tribunal, the American people, and the  erally acquiesced in, and every Chief Magistrate,
first decision in their favor reversed. I allude to  including the present one, has, without hesitation,
a bank and to a protective tariff.             approved the bills that contained them. Nlothing
But assuming the weight of this authority in  has been stationary but the principle, and that is
the establishment of the principle of legislative  sufficiently comprehensive to include all'fair
power, the assumption that the extent of its  "aids" to navigation, coming within the purport
actual exercise at that time becomes forever there-  of the Constitution, and especially the removal
after the measure of the power itself, cannot be  of obstructions from harbors and navigable rivers,
successfully maintained. And yet to that proposi- which interrupt and endanger it.
tion we are brought by the President's suggestive    The President, after disposing of the restrainlimitations upon the constitutional action of Con- ing effect of cotemporaneous exposition, progress, testing the just extent of that action, not ceeds to the further consideration of the general
by the principle involved in it, but by the cases  subject, and to the position taken in favor of the
formerly provided for.                         power to remove obstructions on the ground that,
Now, sir, this pretension will not bear a rigid  if appropriations may be made for the purpose of
scrutiny-avery moderate one, indeed. If appli- avoiding them, by pointing them out, they may
cable to this class of congressional powers, it is  be made for the purpose of avoiding them by
equally applicable to all of them, and the pro-  taking them away; and that which of these modes
ceedings of the First Congress will often supersede  of accomplishing the object shall be adopted is a
the Constitution in the investigation of the extent mere discretionary question, depending on the
of legislative authority.                      expense and other practical considerations. This
In the first place, the early operations of the  was the opinion of Mr. Calhoun, with which I
Government were restricted by its pecuniary em- fully concur. It appears to me difficult to resist
barrassments. It had but little to expend, and  the force of his reasoning, when he said: " But it
that little it'expended upon the most pressing  would seem impossible to doubt, that the right to
objects. Those less so had to bide their time,  make them visible, (that is, obstructions to navitill time brought relief, and enabled Congress to  gation,) or to designate their place in order that
extend, not its powers, but its pecuniary arrange-  they may be avoided, involves that of removing
ments'forexercisingthem. Ourlegislativehistory  them where practicable; and that the right of
is filled with the proofs of this state of things.  removing them involves that of pointing them
We had no Navy nor Navy Department for  out to be avoided. Whether the one orthe other
yearsafterthe commencementof the Government,  should be adopted, in either case, is not a quesand other powers were in the same condition of  tion of right, but one of expediency, depending
abeyance; and to this day there are constitutional  on their respective practicability, cheapness, and
powers whichhave not been exercised by Con-  economy."  The power to warn, in order to
gress. I am not aware, that we have a single  avoid, is not a specifically granted power. It is
post road, constructed as such, though certainly  a power deducible from the general congressional
there may be circumstances in which there can  jurisdiction over the navigation branch of combe no doubt of the existence of an authority to  merce, conferred by the right to regulate it, and
provide for such a means of postal communica-  thus to aid it by rendering it " more easy and
tion. I believe it is but recently, that buildings  safe."  And the removal of an obstruction, infor-post offices have been constructed in the States  stead of indicating it, is the exercise of a power
by the action of Congress; but no one contends  for the same purpose, but much more beneficial
that this delay of legislation restricts the true  in its operation. For while such indication makes
exposition of the constitutional provision respect-  the navigation more safe, the removal makes it both
ing the establishment of post offices to the selec-  " more safe and more easy."  The converse of
tion of the place, excluding the authority to con-  the proposition, that the power is not an alterna-'structthe necessarybuildings. And the providing  tive one, to be exercised in either mode as Conof court-houses and jails is in the same class of  gress may deem expedient, would lead to strange
heretofore dormant powers,which circumstances  results. A buoy or a bell may be attached to
are now calling into operation. But the non-  every snag in the Mississippi, to warn the naviuser:of these powers has never been urged as a  gator of his danger. These snags are trunks of.proof of their non-existence. And though un-  trees, as Mr. Calhoun describes them, firmly
questioned, they are but derivative-as much so  fixed in the bed of the river, with their points
as the right to provide aids to navigation.    projecting so as to penetrate the boats, many of
In- the next place, there has been in practice no  them having the points below the surface. But
rigid adherence to the four cases enumerated in  while their position may be indicated by buoys,
the act of August 7, 1789, and considered by the  without regard to the expense, there are those
President as prescribing the limits of the power  who maintain, that not a dollar can be con stituof appropriation for objects of this nature. Since  tionally expended for their removal, though that




process might be more'economical and entirely  neither in principle nor in fact, the position asefectual by the disappearance of the obstruction;  sumed. It is entitled'" An act making apprcpriahd among these is the President of the United  lations for carrying on, certain works for the imStates, as shown by the views disclosed in his  provement of:harbors and rivers, and also for
second veto message,                           continuing and repairing the Cumberland road,
And what reason does the President urge for  and certain territorial roads," and was approved
his acknowledgment of the power to indicate,  March 3, 1833. Its title correctly indicates the
and his denial of the power to remove?  It is  objects. It'makes'no appropriation for roads,
clear, that if the difference'cannot be maintained, except in the Territories of Michigan and Florida,
then the right to remove obstructions is as firmly  about which, of course, there could be no constiestablished as the right to construct llght-houses,  tutional question, and for the repair of the Cumor to provide the other means of safety enumer-  berland road in Pennsylvania and Virginia, and
ated intheact of August 7, 1789. 1 repeat, what  its continuation in Ohio, Indiana, and Illinois.
are the considerations presented by the President The undertaking of that road was the result of a
to avoid this conclusion; and which., while they  contract between the General Government and the
would permit the expenditure of a million of dol- three last-mentioned States, on their admission
lars- for the construction of an American Eddy-  into the Union, and-for which they gave afull constone light-house, would prevent the application  sideration by the relinquishment of the right to
of a dollar for the purpose of removing a rock  tax the public lands for five years after their sale.
fatal to life, and destructive of treasure to an  And whatever opinion may be entertained of the
alarming extent?                               constitutionality of such an arrangement, the
In the message of January 3, 1855, the Presi-  work.itselfhad no. connection with a system.of indent, after stating the views of those, who contend  ternal improvements, nor'was it supported as conthat the right to indicate, and the right to remove  stitutional on the same ground. That road was
obstacles to navigation are branches of the same  carried through all the States, where it passed
power, and that the one process or the other may  with their express assent. And this very bill was
be adopted at the discretion of Congress, goes on  approved by General Jackson;, three years after
to remark, that "The answer to all this is, that his Maysville veto message, wherein, if he did
the question of opening speedy and easy commu-  not deny, he seriously questioned the right' of:nications to, and throughs all parts'of the country,  Congress to construct roads in the several States,
-is substantially the same, whether done by land  and recommended a resort to the people for'the
or- water,"' &c.- and "' that the question of the  necessary power, should that system be pursued.
facilities and aids to be provided to navigation, And the act furnishes decisive proof of the little
bby whatsoever means, is but a subdivision of the  weight to be attached to the mere association of
great question of the constitutionality and expe-  various objects in the same statute, in determining
iLency of irternal improvements by the General  their constitutional character. It contains an apGovernmento"  It will be here seen,' that the  propriation for the payment of a balance due for
President's attention continues to be fixed upon  running the western boundary of the State of
a system  of internal i'mprovements, as though  Missouri, A work within the jurisdiction of
that'magnificent project were not as much dis-  Congress, notbecause ithad anyconnection'with
zarded as a Bank of the United States; and as  the removal of obstructions to navigation, but
though the matter he is discussing were not the  because it concerned the public land, the western
uestion of the identity in principle of two classes  boundary of that State constituting one of the
f cases, instead of the extent to which a system   meridian lines bounding the surveys,and whence
of internal improvements would lead us. But they were to be numbered. The implied recogthe President goes on to say, that:  " In confirm — nition, therefore, by the association' of these
ation of this," (the proposition, that the question  "works, relied on by the President, gives way beof aids to navi;gation constitutes but a subdivision  fore the examination of the circumstances, and
of the question of internal improvements,) " it is  thus fails,-as I have said, both in fact and in printo be remarked, that one of the most important ciple.
acts of appropriation of this class, that of the' The President then proceeds in his investigayear'1833, under the Administration of President tion; and a careful consideration and analysis of
Jackson, by including together, and providing  it enables me to say, that'his principal objection
for in one bill, as well river and harbor works  seems to me to be the difficulty of finding a fixed
as road works, impliedly recognizes that they  rule, by which to decide'4 what of the infinite
are alike branches of the same great subject of variety of possible river and harbor improvements
internal improvements,."                       are within the scope of the power delegated-'by
Sir,"I am somewhat surprised-a good deal in- the Constitution," &c.  A  objection, as I have
deed, that the President should draw so important already shown, equally applicable in principle to
a conclusion from premises so unimportant-that  other constitutional powers of expenditure, but
he should seek to determine the constitutional which would be in vain urged as a bar to their
character of a legislative measure by its juxtapo-  exercise, and which cannot be maintained Was a
sition with other measures upon the:statute-book.  test of the right to provide. "aids " for navigaI imagine our legislative code has never been so  tion. 1 shall not resume the discussion of that
Artificially arranged, that the valid: character of  point, feeling that I have already sufficiently occuan appropriation may be judged by the company  pied-the time of the Senate in its consideration.
in which it is found. I have looked over the act   There is' no doubt; that this class of expendito which the President refers, and it'supports,  tures is one liable' to extensio.n; indeed, to unne



cessary extension. It is a trying power in its  of the States withrn which it is proposed they
exercise, and besetwith many temptations. Still,  should be made-the sphere of the operation of
a fair examination of the Constitution, and a  this power of improvement becomes circumrigid adherence to its principles and purposes,  scribed within much more safe and reasonable
will take from the jurisdiction of Congress by far  limits. It will be confined to the removal of river
the largest portion of those works, from whose  and harbor obstructions, with aview to the benefit
construction the greatest danger is to be appre-  of navigation.. And the constitutional checks
hended. I think the views of Mr. Calhoun, pre- imposed upon this restricted power essentially
sented in the following paragraph, are well taken,  diminish its liability to abuse.. Being a branch
and carry with them  a just exposition of the  of the commerce-regulating power, its operation
Constitution:                                   must be restrained to waters necessary to the
" It has been stated that commerce, in legal and consti- use of commerce not " internal"-using the
tutional language, includes transit or navigation, as well as  words of the Supreme Court-and "which is
trade. It may well be questioned, whether it was t ot in-  carried on between man and man in a State, or
tended by the Constitution, as far as it relates to commerce  between ports of the same State," and "1which
among the States, to restrict it entirely to the letter —that
is, transit by vessels on water. Certain it is, that the pro-  does not extend to, or affect, other States;" but
visions connected with it,.and having reference to it, would  that commerce which "' concerns more States
indicate that it was so intended; and it may be added, that than one."  And it is to works of this kind, rethelegislation of Congiess, in carrying the powerinto effect, lati o this comect to congressional
so far as your committee is informed, is confined to the  lating  commerce, su.bject to congressional
rigulation of transit by water, to the exclusion of that by  regulation, that the designation " national" has.
and.?'                                          been given, to distinguish them. from local works,
And to these considerations it may be added,  neither calling for nor admitting congressional
that the power to improve the mode of transit,  intervention.
assumed by the almost authoritative statute upon    The President enters into an examination of
this subject, that of August 7, 1787, not less au-  the question of the extent of the maritime juris-.
thoritatlve by its date than by the position of diction of the United States, and his review of
those who passed it, is confined to transit by  the subject is an able and just one. But I do not
water, or in other words to navigation.         distinctly perceive what bearing this question or
And in confirmation of this restrictive position, the commentary has upon the power to approit is to be remarked, that the navigable water  priate money for the removal of river and harbor
communications of commerce, under the name of  obstructions. It is introduced in connection with
navigation, makes an essential part of that great  his remarks upon the difficulty of finding any
branch of pub-lie enterprise, and falls within the  " fixed rule by which to decide what of the infinite
congressional power to regulate it and to " aid"  variety of possible riyer and harbor improvements
it. But no one contends for that character, for  are within the scope of the power delegated by
the roads upon which traffic may be carried on;  the Constitution." The President evidently seeks
nor would any one venture to apply as a test of  what, in the very nature of things cannot be found
it, the remark of Judge Marshall, that the mind  -that is, a palpable barrier in the exercise of the
cannot conceive a system for regulating commerce  power of appropriation, either in this case, or in
which shall exclude navigation. And the inti-  a vast variety of other cases within the constitumnacy, or rather.the identity of these two subjects  tional jurisdiction of Congress. The remarks of
of human employment, is shown by the exercise  Chief Justice Marshall, in delivering the decision
of congressional jurisdiction, extending over all of the Supreme Court in the case of Gibbons and
streams, which can be navigated by vessels of Ogden, are worthy of peculiar attention in the
ten tons burden or more.  "For certain pur- present inquiry.
poses, "Mr. Webster says, "theyare controlled    "This power," that to regulate commerce,
by the United States, and offenses in vessels em-  says the ChiefJustice, "like all others vested in
ployed upon them are tried in the Federal courts. "  Congress, is complete in itself, may be exercised
Their use, he says, is navigation. And Judge  to its utmost extent, and acknowledges no limitaStory lays it down, that State authority cannot tions other than are prescribed by the Constituauthorize obstructions in navigable streams,which  tion. These are expressed in plain terms, and.
would interfere with any regulation made by  do not affect the questions which arise in this
Congress. And it is this general relation to the  case, or which have been discussed at the bar-.
United States, applied to the principle laid down, if, as has been always understood,the sovereignty
which confers the authority upon Congress so to  of Congress, though limited to specific objects,
regulate navigation, as to remove from thesechan-  is plenary. As to those objects, the power over
nels the impediments to its operation. Relations  commerce with foreign nations, and among the
which do not extend to roads and canals, and do  several States, is vested in Congress as absonot justify their construction or improvement by  lutely as it would be in a single Government,
the-Federal Legislature.                         having in its- constitution the same restrictions
Excluding, then, agreeably to these views, and  on the exercise of the power, as are found in the
in conformity with the constitutional doubts of Constitution of the United States. The wisdom
General Jackson, and the direct constitutional and the disi etion of Congress, their identity
objections of Mr. Madison, in his veto of the  with the people, and the influence which their
bill.setting apart funds for the construction of  constituents possess at elections, are, in this, as
rogods and canals-excluding from the constitu-  in many other instances-as that, for example,
tiQp4al jpurisdiction of Congress the power to con-  of declaring war, (and to which may be added,gtruct roadsand canals, with orwithout the assent the expenditures for carrying it on,) the sole




13
restraints on which they have relied to secure  cumstances, has taken the place of the presence
them from its abuse. They are the restraints on  or absence of saline properties.
which the people must often rely solely in all   It is not to be denied, that a tendency to lavish
republican Governments."                        appropriations for these' objects, even circumThe power of Congress, then, comprehends  scribed as we may now consider the sphere of
navigation within the limits of every State in the  their selection, imposes, in the words of the PresiUnion; so far as that navigation may be in any  dent, "great reserve and caution" while legismanner connected with " commerce, with foreign  lating upon this subject-imposes the duty of a
nations, or among the several States, or with the  thorough examination of each proposition, that
Indian tribes."                                 its adaptation to the recognized purposes and
I repeat, sir, that the specific purpose of the  objects may be satisfactorily ascertained. The
President in his comments upon this maritime  practical difficulties, which surround the task of
jurisdiction question does not occur to me. It is  judicious decision, have gone far to bringreproach
a question, which does not touch the power of  uponthepoweritself. But,asMr. Calhounjustly
aiding navigation by the removal of obstructions,  remarks, the effort should not be to destroy this
except to confine its operations within narrower  power, but to "' confine it within its proper conlimits, including in it only those waters over  stitutlonal limits," by a union of all who may
whichthatjurisdiction extends,andwhich I think  dread its abuse, as otherwise it may fall within
is the true construction. But this point is not the control of those " who would exercise it with —
presented by the President, though he almost  out regard to abuses or the restraints imposed by
touches it, when " relieving from reproach" the  the Constitution."  For, he continues, "thereis
rule prescribed by General Jackson for his own  not the least probability, that Congress will ever
conduct, that of not sanctioning bills for the im-  abandon the exercise of the power."
provement of navigable rivers "below the ports    Mr. Calhoun's sagacious intellect could not
of entry or delivery established by law."        fail to discern and appreciate the powerful conBut, though the discussion of this subject of  siderations, both general and local, which attach
maritimejurisdiction furnishes the President with  themselves to the possession of this power, and
no aid in the solution of the difficulties attending  will prevent its repudiation. I know of no sesthe general question, yet, in one point of view,  sion of Congress, for many years, in which a
it is useful in illustration of his position respect-  majority of both branches'have not been favoring the defect of a fixed constitutional boundary.  able to the judicious and moderate exercise of
Here is a very important question of jurisdiction, this authority. It has happened, indeed, that
whose boundary is not only left undetermined by  legislative action has, from  time to time, been
the Constitution, but which is destitute of any  impeded or delayed by the views or course of
established principles for its regulation.. Its ex-  the Executive; and it is quite possible, that these
tent is purely discretionary with Congress. That  temporary checks may eventually be salutary by
body provided at an early day that this jurisdic-  the imposition of more caution, and by bringing
tion should penetrate " all waters navigable from   Congress back to the true principles involved in
the sea by vessels of ten or more tons burden."  this legislation.  Certainly the last test vote in
Subsequently it was extended to the lakes and  the Senate, so far as I recollect, was strongly
their waters, where it still remains.  It will be  confirmatory, as well by the political character,
seen, that this limit of jurisdiction is not only an  as by the local position of the members, of this
uncertain one, but it is also a fluctuating one-  prophetic declaration of Mr. Calhoun. The cirUncertain, for the draft of a boat depends much  cumstance occurred in 1847, when, on a motion
upon its form, and the extent of navigation upon  of Mr. Bagby, to strike out of a bill for various
the state of the water; and fluctuating, because  objects $150,000, for the improvement of the
the standard of ten tons burden of to-day may  Ohio, below the falls, and the vote upon which,
be reduced by congressional action to one ton  as announced by the mover, was designed to be
to-morrow, and the powers of the various depart-  a test one, the result was-39 nays, and but 6
ments of the Government will be extended in  yeas; thus almost unanimously asserting the
proportion to the change of the measure applied  existence of the power. I give the names, for
to it. But the President says, and truly, that  some of them  carry with them  the weight of
though the constitutionality of these statutory  authority:
provisions has been calledl in question, yet it
provisions has been called in question,~. yet it   YEAS-Messrs. Bagby, Butler, Mason, Niles, Turney,
4' has been maintained by repeated decisions-of  and Yulee.
the Supreme Court of the United States, and    YEAS-Messrs. Allen, Ashley, Atchison, Badger, Benthey are, therefore, the law of the land, by the  ton, Breese, Bright, Calhoun, Cameron, Cass, Chalmers
oroncurrent act of the legislative, executive, and  Cilley, John M. Clayton, Corwin, Crittenden, Davis, Dickinson, Dix, Evans, Fairfield, Greene, Hannegan, Houston
the judicial departments of the Government."  Huntington, Jarnagin, Johnson-of Maryland, Johnson of
So much for the unconstitutionality of a power, Louisiana, Mangum, Miller, Morehead, Pearce, Rusk,
because it has no fixed boundary.                Simmons, Soul, Sturgeon, Upham, Webstei, and WoodThe notion, for'it deserves no better appella- b'idge.
tion, that no waters but those that are salt, and    And assuredly the President, when he prepared
where the tide ebbs and flows, were within the  his first veto message, that of December 4, 1854,
jurisdiction of Congress for the purposes of cor-  must have participated in the opinion of Mr.
merce, or of navigation and improvement, has  Calhoun, that there was little probability of the
long since been exploded, and a far more just  abandonment of the exercise of this power of
criterion, arising out of their situation and cir-  improvement. Forhe says in that message, that




14' public opinion,  with regard to the value and  alreadyamong the greatest, and destinedin a short
importance of internal improvements in the coun-  time far to exceed every other-will be left extry (river and harbor improvements it should  psed to the great hazard and'enormous lsses to
have been) is undivided. There is a'disposition,  which it has been shown to be subjected, without
6ri ail hands,to have them prosecuted with energy,  any power in the system anywhere to provide for
and to see the benefits sought to be attained by  its'safety, although  millions might be annually
thaem fully realized."  This is an honorable trib-  saved by a comparativeiy'sma ll; expenditure:as
ute to the strength of the system in the hearts of  experience has shown."  And this warnig is
the. American people; and if the President has  applicable to other portions of theUnion, as well
since repudiated it by cutting the Gordian knot,  as to the Mississippi valley.
which created some practical embarrassments,    But, after all, experience is far from confirming
instead of untying it with', reserve and caution,"  the'reproach of the wasteful expenditures'made
to borrow his "Iadmonitory" words, that cir-  for these objects in the past, or the gloomy appre.
eumstance but enhances the value of this admis-  hensions of their immense demand for the future.
sion.                                           For myself, I think there has been a very co(mThere is a suggestion in Mr. Calhoun's Mem-  mendable moderation in the exercise of the power.
phis report, entitled to much weight in the con-  I'have generally found'a disposition tolookpretty
sideration  of this Subject.  when'speaking of narrowly into these propositions; and, friendlyas
the:extent of the power to regulate commerce,  I am to them,:and interested as my constltuents
ie:observes, that the ",words are used without  are in the maintenance of the system, I felt comqualification'orbcondition. But'if there should  pelled to'vote against the bill of 1851, because'I
e room fordoubt,it would be removedby advert-  thought it included works, which did not come
ing to the reasons for delegating the power. It  within the trueprinciple of congressional action;
was not to limit or prohibit it'as a power of a  and the same ".reserve and caution" that operaied
dangerous. character, and, which ought on that  on me, no doubt operated on others.
account to be restricted or prohibited.  On the    I have caused a statement to be prepared, with
contrary, i't was regarded as one of the utmost  some care, of the expenditures made by the Genutility, and on the proper construction of which  eral Government for river and harbor improvetheprosperity of the State essentially depended.  ments, from the commencement of the system
AInd at was accordin8gly for the purpose of obtain-  in 1824 to this time.  It may not be found:o
ing such control,;aS' well as to prevent collision  cialli accurate; but itis nearly so, and quite-near
among the States, and not to restrict Or prohibit  enough for the purpose of ascertaining the' opit, that it waIs delegated' to the General Govern-  eration of'the exercise  of this power.  During
roent,"- &c:  Certainly there are just causes of the thirty-two years, that have intervened since
jealousy, dictated by the instincts of freedom,  that period, the following appropriations havre
connected with military and naval: establishments,  been'made'in the three great divisions of our
Which do not at all apply to expenditures for the  country:
improvement of navigation, whose beneficial ef-  For the Atlantic States, and including an appropriation of'
fects are apparent on the slightest reflection.   $30,000 for California.....................   5,i61,116
Freedom has often fallen before ambitious chief-  For the Missis'sippi ive' and its tributaries....  3,479,971
tains and military power! That is'the lesson of  Forthe akesincluding Lake haplain and
tains, all. m,                     ~~~~~~~For the Lakes, ficludinig Lake Chamli n
excluding Lake Superior, for which no aphistory, as Well as the experience of our own day.   propriation has ever been made.........3,110,183
But I do not believe we shall ever see our institu-.
tions perish in consequence of the removal of a        Total..............          17.......11 751,27
snag or the opening of a sand-bar, in cases justified by the Constitution. We shall be the very     I repeat, sir, I consider this a very moderate
Methuselah of Republics, if we live till that fate  expenditure-a very inadequate one, looking to
overtakes us.  But if the doctrine of rigid con-  the situation of the country, and totie objects: to
gressional exclusion is maintained and adhered  be attained.  Less than $350,000 annually apto, oUr frame of Governet  okin:      rpitd'st
tatour frame  of Gavernmentn' alooring upon'the  propriated, as the' average expenditure for the
state and Federal relations~ asforming one sys-  improvement of rivers and harbors through the
tem, will:presenta strangeanomaly in the history  vast extent of this country.  Why, sir, the whole
of the progress of nations. It will be practically  sum does not equal the amount expended on the
powerless to perform one of the most important  breakwater of Cherbourgg,   in France, to render
functions, affecting the condition of modern so-  thpat port safe and accessible.
iety, the improvement of the means of naviga-    Recurring again to the disposition to test the
tion,:by which our communications with foreign  existence of a congressional' authority by its
countries and between the respective States are  liability to abuse, it is worthy of remark  that
carriedon and preserved.  For itis certain, look-  that position, if successfully persisted: in, wo:ud
ing at the actual state of things so well described  annihilate some of the most important functions
by Mr. Calhoun, at the relations of the States with  of the GoVernment.: It would disband the Army
each other, and with the works essential to the  and dismantle the Navy; for these means of
purposes of navigable intercourse, that if the Gen-  national power and defense may be uselessly
eral Government has no power of beneficial inter-  increased by Congress to an extent out of aI
vention, then again, to adopt the words of the  proportion to:the wants or the fiscal capacity of
same eminent statesman, when referring to the  the country. Forts, arsenals, magazines, courtn/avigation of the Mississippi and its tribuuta-ries,  houses, post offices, and "other needful build-'Then this great branch of our commere    ings,"'nthe language:of the:Constitution, m{st




15
be abandoned; because it is possible for the Legis-  of general appropriation, is the interest of the
lature, in violation of its trust, to construct them   country, of the whole country, and not of minute
in the very wantonness of expenditure.  The  subdivisions ofit, down to the residence ofevery
power of taxation must be repudiated; for it is  inhabitant. A public edifice cannot be placed in
constitutionally coextensive with the whole prop- equal proximity to all the property in the place
erty of the country, and subjects it to the indiscre-  of its construction, nor can the advantages to be
tion, or something Worse, of Congress. Certainly  incidentally derived from it be equally beneficial
there are some powers which are more liable,  to the whole locality. But this kind of inequality
from their nature, to abuse than others, and these  would be a strange consideration to be urged
demand increased caution on the part of the Legis-  against such measures.
lature, and increased vigilance on the part of the    In his second veto message, (that of January 3,
people, to counteract this tendency. One would  1855,) the President, in tracing the right to prothink, that the implication clause of the Constitu- vide "aids to navigation" to its true source in the
tion, by which the power of Congress is extended  Constitution, evidently inclines to the olPinion
to all objects necessary and proper, in their own  that it may be found in what he calls the "revopinion, to the exercise of their express author-  enue power."  The suggestion is entitled to conity, would cast into the shade all other discre-  sideration.
tionary powers; but it seems to maintain its    There is no such power, eo nomine, in the Conposition in the legislative practice of the Govern — stitution. I presume the President has reference
menit almost without remark-certainly without  to the tax-levying power, to be found in the first
serious assault.                               clause of'the eighth section of the first article of
The honorable Senator from  Georgia, [Mr.  the Constitution, which empowers Congress to
TooMBs,] in his remaiks defending the President's  "lay and collect taxes, duties, imposts, and ex —
veto, did not, indeed, make this tendency to the  cises," &c. It will be'observed, that this power
excessive use of a power the standard of con- is a general one, applicable to every species of
gressional interpretation; but he assumed the  taxation, and to every description of property;
position, that appropriations for these river and  and that, of course, whatever authority is given,
harbor improvements would necessarilyintroduce  it may be equally employed upon any of these
such inequality into the system, as to render it  objects of public contribution. A direct tax or
incompatible with the equal principles of our in-  an indirect one, an impost upon imported artistitutions. The subject does not thus strike me, cles or an excise upon consumption-all are within
sir. Equality of taxation, by which every man  the competence of the Legislature, and all depend
shall contribute to the public revenue in propor-  upon the same principle of administration. If
tion to his means, is one thing, and a just and  Congress is able to provide" aids to navigation"
indispensable thing; but equality of expenditure,  "as incident to the revenue power, "in the words
by which every man shall be equally behefited  of the President, it must be on account of their
in a pecuniary point of view, by the public dis-  operation, in some way, upon the revenue or irnbursements, is another andquite a different thing.  come of the country; and in conformity with the
The former should be an object with every honest  same principle, whatever it is, " aids " may be
Government; the latter is a dream of the im- provided for any other branch of the stock of
agination, utterly inconsistent with the operation  national property, as well as navigation, which
of any political system, and will never find aplace, furnishes its proportion of supply to the wants of
except in some new Utopia, as wild and imprac-  the Treasury.
tcable as the old one. A fort is intended for the    But what is the operation upon the public revdefense of the country; an arsenal for the con-  enue, which thus justifies this kind of congresstruction or repair or deposit of its arms; a  sional action upon these subjects?  Is. it to augcustom-house for purposes connected with its  ment it? Or to protect it from  losses'? Or to
commerce; and the removal of river and harbor  render its collection more easy or economical?
obstructions for the benefit of its navigation. The  Or. to guard it against fraud?  For it is difficult
authority to make appropriations for these objects  to conceive any othermodeinwhichthese "aids"
is equally derived from the Constitution, and is  can operate, to'render them'"necessary and
there found, either in express grants or in heces-  proper" incidents of the revenue or taxation
sary and proper implication. Where these works  power. There is one expression in this message
shall be constructed, and to what extent, either  which leads to the impression that it is the augof number or cost, are subjects of congressional  mentation of the revenue, which furnishes,'in the
discretion, looking to the general welfare or  opinion of the President, the justification for the
defense, and to the constitutional obligations.  exercise of-this power of improvement. It is
Certainly, in a country like ours, where a senti-  found where the President says, that when such
mento f equality is in the hearts and political faith  works are "wholly or mainly intended to proof all, it is the part of wisdom to distribute the  mote the revenue from commerce," then additional
advantages of all public works, I mean their mere  reserve and caution are required in the approprilocal advantages, among the various sections of  ations. The process of augmentation is not inthe Union, as far as compatible With other and  dicated, but it can be no other than the increaseo'
more imperative obligations. But such a distri-  the business contributing to the revenue, and ocbution is an expedient, not a principle. And, do  casioned by these improved facilities of commuthe best we can, it is impossiblewecan approach  nication. And we thus reach this principle of conequality, either local or individual. The first in- gressional jurisdiction, applicable allke to all the
terest -to be served, in these as in other objects  branches of taX-contributing'property, that it is




16
competent for the national Legislature to provide  of Plymouth, and has now reached the shores
"6 aids," by which they may be rendered more  of the great ocean of the West, which separates
productive, and, by that means, the public coffers  us from the islands and continent of Asia. The
better filled. Sir, this principle would work a  Indian has gone, whom I have seen in those
fundamental change in the Government. A direct  regions in all the pride of possession; the animals.
tax upon land has been laid by the authority of his co-tenants of the forest, whom God gave to
Congress, and may be laid again. Whatever  him for his support, are gone, and the forestitself
increases the value of real estate increases its  is fast disappearing, giving place to thriving
capacity as a tax-paying object. Thata railroad  towns and to cultivated fields. A ship may now
thrqugh such property, or in its immediate vi-  sail from Canton to the Fond du Lac of Lake
cinity, will do that, experience has sufficiently  Superior; and in that voyage it will pass through
shown. Is such a road one of the " aids" which  a distance of nineteen hundred miles of inland
Congress may provide in order " to promote the  navigation, from the entrance into the St. Lawrevenue?"  And, if not, how is the principle to  rence to the western extremity of the greatest of
be preserved, while, in this case, the power is  the lakes, the greatest sheet of fresh water upon
denied? In fact, the position goes to the general  the face of the globe; and it will be lifted up
prosperity of the country; and whatever will  to a higher elevation of six hundred and twenty" promote" that is a power brought legitimately  seven feet-the difference in the height of country
by this doctrine within the action of Congress.  between the points of commencement and terminI need not follow these considerations to their  ation of this land-locked voyage. The extent of
inevitable consequences. They are too obvious  coast of the five great lakes is nearly as follows,
to escape the slightest reflection, and too grave  including the larger indentations:
not to command general disapprobation. As to  Lake Superior....................1,850 miles.
the other modes of operation upon the " revenue  Lake Huron,including Georgian Bay.2,200   "
power" by these congressional "' aids" affecting  Lake Michigan....................1,300'
the process of collection, as I do not perceive  Lake Erie........................ 725 ~'
their bearing upon the subject, I shall leave them   Lake Ontario..............   625 ". 62
without examination.                           To which add Lake St. Clair....... 110  "
Having now said all I desire to say respecting
the general power of Congress to remove natural  Making the shore line.............6,810 miles,
obstructions from navigable waters, and the sev-  which bounds the great basin, drained by these
eral veto messages of the President-first with-  capacious reservoirs. The power of production.
holding his assent for special causes, and then  of such a region in the temperate zone, much of
denying the existence of the power-I desire to  it of unsurpassed fertility, and peculiarly adapted
submit some considerations connected with the  for raising the great staple, wheat, and all of it well
great lakes of our country, showing the import-  fitted to reward human industry, is beyond the
ance of their commerce and navigation, and the  reach of calculation, and approaches the domain
necessity of rendering the latter more " easy and  of the imagination. It cannot be but that the
safe."                                         navigation of these seas should be an object of
I introduce the matter now, because I have no  deep solicitude to all whose lot is cast in the
intention to trouble the Senate with any further  region surrounding them, and ought to be an
remarks upon this subject, and because the vetoes  object of interest to the whole Union. Unfortuof the President reach in their application all the  nately, there is a lamentable defect of harbors for
bills for river and harbor improvements pending  the purposes of navigation and safety. A good
before us. Our great internal seas constitute an  natural harbor is almost unknown.  In the
imposing feature upon the map of the North  whole extent of Lake Erie, from Black Rock to
American continent.  The geography of the  the mouth of the Detroit river, there is but one
earth furnishes elsewhere no such example of  port without artificial aid sufficiently easy of acthe extent of broad: waters penetrating the inte- cess by its depth of water for the demands of
flor, and presenting to the traveler such charac-  navigation, but unfortunately, from its position,
teristics of the mighty ocean, in their storms and  it is useless for the business of the country, and
dangers, in their magnitude, and in the prospect that is, Put-in Bay, as it is called, a name indicatof water and sky alone which often bound the  ing its preeminence. It is in an island near the
vision of the traveler and deprive him  of the  western extremity of the lake; and I recollect
sight of land. Fleets have sailed upon them,  when, in early times, a splendid destiny was
and naval battles been fought, not less important anticipated for it from its capacity for protection,
in their consequences upon military operations,  and before the engineers had discovered a mode
than glorious for the honor and character of the  by which the rivers might be opened, and kept
country. No man can sail among the islands of  open by the removal of the bars, and their mouths
Lake Erie, and pass the scene of the memorable  thus converted into convenient harbors. The extriumph of Perry and his companions, without periment of effecting this has proved successful,
recalling its dangers and success-without athrill and most important has been the result. All the
of patriotic pride and pleasure.               rivers are obstructed by a deposit of sand, where
But the trials and struggles of war have given  their waters meet those of the lake, and in the
way before the arts and industry of peace, and  dry season of the year these bars often prevent
everywhere these evidences of human exertion  all entrance or exit. I have crossed on horseback
are in active operation, doing that work of civil- the bar at the mouth of the Cuyahoga river, where
ization and improvement, which began at the rock  is now the beautiful and flourishing city of Cleve



.1
land, and where the largest steamboats find access,  of changes and repairs. Sir, I wonder that so
in consequence of the improvement that has been  much has been done and well done, and not that
made; and I' have been driven ashore at that accidents occur occasionally to mar the undervery point in a violent storm, and at the immi-. takings. In the first place, much of the difficulty
nent hazard of life.                          originates here.  Appropriations have always
The winds rise rapidly, and sweep fiercely over  been more or less delayed and often interrupted
tilatlevel expanse of land and water; and perhaps  for years. In the mean time the works fall into
nowhere else are storms more sudden and danger-  a state of dilapidation; and when appropriations
ous. A lee shore is never far off, and there is  are made, before the effect of these improvident
little sea-room, as mariners call it, for the display errors is removed, much of the season and the
of nautical skill-for the trial of the contest be-  appropriation will have passed away.  In the
tween the presence of mind and the knowledge  next place, as I have said, the whole subject was
of man, and the raging elements of nature. The  new, the labors were but experiments, and it was
Senator from Georgia [Mr. TooMBs] seemed to  difficult to estimate the operation of the winds
think that the extent of the navigable waters of  and the waters upon the lakes and upon the
Michigan rendered the interposition of the Gen-  rivers where they enter them. This knowledge
eral Government unnecessary. Sir, it is that had to be acquired by repeated trials, and supervery consideration, which makes it the more in- added to this difficulty the different locations predispensable. It is a navigation, with an almost  sented different embarrassments. But public conunbroken coast, impervious to vessels in stress  fidencehasgraduallyincreased,andwenowknow,
of weather, and where the storm-beaten seaman  that the object is within our reach. From time to
may gaze upon places of safety,without the means  time improvements will suggest themselves; and
of reaching them. And both the Senator from  if Congress do but its duty, this reproach to our
Georgia [Mr. TooMBs] and the Senator from   country of careless insecurity and indifference
Virginia [Mr. MRASON] pointed to the catalogue  will disappear-a reproach which the Canadian
of proposed works for the State of Michigan,  Government avoided this past season by furand seemed rather to taunt my colleague and my-  nishing one half of the means required to keep
self, that by some process or other we had pre-  open the channel over the St. Clair flats, by a
vailed upon the Committee on Commerce to report  temporary arrangement, while our Government
more than our just proportion of these contem-  sat still and did nothing, leaving individuals to
plated improvements. Sir, the intimation pases  supply the esidue.
by without troubling me. It was introduced the    As to the objection of the honorable Senator
other day by the Senator from Virginia, [Mr.  from Virginia, that the excavations will fill up,
MASON,] and, I thought, repelled successfully at  and that the works will require renewal, he will
the time. I am surprised at its renewal.      pardon me for considering it but as the small
I put out of question the proposed expenditures  dust of the balance in such a momentous concern.
for the improvement of the St. Clair and the St.  If the channels become again obstructed, you
Mary's rivers, because the locations are upon the  have again to open them, and so on to the end of
dividing line between the United States and  time, unless a method shall be found out of renCanada,-and the works have no more relation to  dering the work,when once performed,perpetual.
Michigan than to half a dozen other members of You construct your buildings, and repair them-'the Confederation. They should no more be  your naval ships, and replace them, and you
charged to her benefit, than the improvement at  renew all the perishable objects of legislation as
the mouth of the Mississippi should be consid-  circumstances require; and to this course of politered the exclusive concern of the State of Louisi-  ical wisdom (necessity, indeed) there is to be one
ana.                                          exception; one class of expenditures is to be forFor the rest, we have bills for eleven works in  ever excluded from future aid, and that is a class
the State of Michigan, whose aggregate value  necessary for the protection of human life and
amounts to $380,000. These works are spread  treasure and liable to be destroyed by the storms
over an extent of twelve hundred miles of coast,  of heaven, and by the accidents of the winds and
while our neighbor, Ohio, within a hundred miles  waves.
of coast, has eight works, requiring an expend-   The construction of piers has been found effectual
iture of $168,000. With a proportionate allow-  at the mouths of many of the rivers; and, really,
ance, measured by space, Michigan should have  sir, I do not see, even after a careful examination
sixteen works, and appropriations approaching  of the President's messages with a view to this
two million and sixteen thousand dollars. Rec-  point-I do not see upon what principle the Presiollect, sir, that, for many years, this system has  dent has withheld his assent from appropriations
been going on in Ohio, and in many other por. for the construction or repair of piers in the
tions of the lake country; while in all Lake  Cuyahoga river, (for instance,) while it is yielded
Superior and Lake Huron, and upon a large  for piers in the Delaware.  It is a distinction
portion of the eastern coast of Lake Michigan,  without a differenee in the principle; but it is a
nothing has been done, not the first foot of earth  distinction and a difference both, in its practical
been removed, nor the first log provided for a  application. But so it is; the former is the object
pier. So much for this charge of excess.      of executive favor, while the latter is discarded.
Gentlemen here, unacquainted with the true state    During the administration.of Mr. Jefferson,
of things in the lake country, often manifest sur-  an appropriation of $30,000 was made for " reprise and impatience at what they consider the  pairing and erecting public piers in the river Delslow progress of these works, and at the necessity  aware," and in the administration of Mr. Monroe




another appropriation was made to the amount terms in either of these documents communicatof $22,000 for building two piers in the bay of ing the executive views, that the objections are
Delaware, at a place called the Shears, "'of suffi- intended to embrace every work for the " aid" of
cient dimensions to be a harbor," &c. Both of navigation, and to terminate all appropriations
these appropriations are deemed constitutional  for that purpose, as belonging to that great Presby the President, but similar works for similar  idential maelstrom, a system of internal improve.
purposes are unconstitutional in Lake Erie.    ments, which draws everything within its capaI have made zealous inquiries, in order: to pro-  cious vortex.
cure detailed statements of the statistics- of the    In the veto of the St. Clair bill, the President
commerce and navigation of the five great lakes;  disposes summarily of the claim of that strait to
but I' have been unsuccessful. I am promised  be rendered properly navigable, putting it in bad
the necessary information from Buffalo, but it has  company-into the extensive family of " internal
not yet reachedme. Under these circumstances,  improvements," which he has not been able to
I shall indulge in no useless speculations upon  trace to a true constitutionalsource. He discards
the subject. I will merely observe, that the  also, in brief terms, its pretension to considerreport of Colonel Graham, to which I shall in a  ation as a defensive measure. He does not,
few minutes more particularly refer, gives with  indeed, either admit or deny, that the projected
sufficient accuracy the annual value of the com-  improvement would come within that class of
merce and- navigation which pass the flats of  expenditures, even were it deeper and better
the St. Clair river; and it reaches the sum of  protected against filling up, which constitute the
$251,167,705. This cannot be one half of the  objections he presents againstits defensive chartrade of the lakes, but it enables us to approx-  acter. He says: " It would serve no valuable
imate towards it, and to assume with confidence  purpose,as contributing to the common defense,"
that the whole yearly value of the commerce and  because the proposed depth of twelve feet and the
navigation of all those seas must exceed the sum   filling up of the excavation would render it unfit
of $600,000,000.                               for any such object. It will be seen, that considWith respect to the losses,the materials to esti-  erations of expediency here assume the place of
mate them  are more satisfactory. They have  constitutional objections, and the improvementof
been published in the Buffalo papers, and are  this channel is disapproved-, not because we are
furnished by-Captain Dobbins, general inspector  doing too much, but because we are not doing
of the board of underwriters. The following is  enough.
the result:                                      These great lakes, sir, through their whole
Total loss of property in 1855.... $2,821,529    extent, form  the boundary between us and' our
Do.        do.      1854....2,187,825    Canadian neighbors. The war of independence
and the war of 1812 equally demonstrated their
Increase in 1855............  633,704    importance in the prosecution of hostilities. I
Total loss of life in 1854...............119    have already said, that fleets have sailed over
Do.      do.  1855 5....... 118    them, naval battles have been fought upon them,
and armies have been transported across them,
Decrease in 185    5........1    and desperate efforts upon the same theater of
This loss of life and property was occasioned,  operations may be written in the future history
in 1855, by six hundred and three disasters, which  of the country, as they are written in the past.
may be attributed almost wholly to the want of  Causes of collision between us and England may
harbors, where vessels can take refuge on the  hereafter ripen into war. I hope they will not,
approach of storms.                            but being prepared for events will not hasten
Passingfrom the general subject of lake harbors  them; and her coterminous possessions upon this
to the vetoes of the bills for the removal of obstruc-  continent, in the event ofh ostilities, will then again
tions from the St. Clair and St. Mary's rivers,  become the object of our national efforts. He,
I beg leave to remind the Senate, that these rivers,  who supposes that such a struggle for them - will
so called, are straits-lines of connection between  be avoided by her voluntary withdrawal had
the northwestern lakes. The latte'r, the water  better learn to correct his error in the record of her
communication between Lake Superior and Lake  pride, and power, and acquisitions. In the pres.
Huron, and the former, with the small Lake St.  ent state of' the world, just precaution requires
Clair and the Detroit river, being the communica-  that we should: look to the future and make reation between Lake Huron and Lake Erie. They  sonable provision for its exigencies.  Had we
are upon our boundary, forming the line of di-  possessed the naval supremacy upon Lake Erie
vision between the United States and Canada, and  in 1812, the incompetency of the commanding
thus important for our foreign, as well -as our  geneial could hardly have led to the lamentable
domestic, commerce. Looking to the President's  disasters, which marked the era and the region,
revious messages upon this subject, I had never  and which even yet every American regards with
Relieved, for an instant, that he would withhold  indignation. It cost us almost two campaigns,
his sanction from these bills, because, if there is  with their enormous expenditure of treasure and
one channel of navigation in our country free from   sacrifice of life, to lose that northwestern country
constitutional doubts,- it is to be' found here in  and to regain it; aid as it was, the success dethese great outlets, uniting, as they do, the pur-  pended on the slightest accident, a change in the
poses of peace and war, and firee from all charge  atmosphere.
of possessing only a local interest. And I take    In 1813 the command of Lake Erie was essenit, therefore, though it is not so said, in express  tial to- our operations. It was impossible, from




the state of the roads, or rather from the fact of. work during the last war, and which, from its
there being no roads, to transport our materiel facility of access by the way of Toronto, will enand all our necessary supplies of war through the  able them to prepare a formidable squadron in a
low country to the British positions, andwe had,  short time, and, by means of it, to command both
therefore, before commencing the work, to await  Lake Huron and Lake Michigan.
the- naval operations. Perry had. made Erie the    The President can profess no allegiance to the
station of his labors, and in an extraordinarily  wise old saw, that half a loaf is better than no
short space of time had converted the trees of the  bread. He must maintain, that a partly filled
forest into ships of war. But they were locked  stomach is worse than an empty one. He disup in the harbor, owing to the bar at its mouth,  approves of the St. Clair bill, because the proanhd the British fleet was in the offing, watching  posed channel is to be but twelve feet deep. Now,
the movements. Fortunately, aviolent gale came  sir, what prevents Congress, at any time, from
on and the hostile squadron was driven from its  providing for enlarging this depth, should it be
station. Perry, who had all his arrangements  necessary?  It is an objection appealing to exready, seized the opportunity, buoyed his vessels  perience. Let experience come to test its value,
over the bar, reshipped theguns, and was prepared  and' then let the necessary measures be taken.
for the enemy before they could return. After  And what prevented' the proper officers of the
this liberation, these hostile squadrons encoun-  executive department from  furnishing plans
tered each other, not far from  the mouth of the  adequate to the object, and suitable to it? The
Detroit river, and then followed that memorable  plans and estimates for the execution of the
engagement, announced by the equally memora-  woi'ks, and upon which' the appropriation was
ble words, " We have met the enemy, and they  based, were submitted by responsible officers,
are ours;" words indelibly impressed upon my  acting with the sanction of the Executive, and it
recollection now, as they were upon my heart is to reverse the natural order of things to charge
then; for the army, at that time near the borders  the failure to a compliance with the recommendof Lake Erie, awaiting the operations of the fleet,  ation.
preparatory to its own movement, had heard the    But, sir, one would think that, even if an excabooming of the cannon, telling them of the con- vation increasing the depth of water to twelve
test that was going on. I was at the time in com-  feet, were not sufficient for the passage of all'vesmand, for General Harrison was absent upon a  sels of war, it would be useful to many of them,
special service; and the dispatch telling in those  as it certainly would be so to the armed steamer
brief words the story of the glorious victory, was  Michigan, now in commission upon the upper
opened by me; and when it was read, a shout-of  lakes; and even the heaviest ships, which will ever
exultation went up from the assembled thousands  be employed there, will find relief by this increased
that penetrated the surrounding forest, and kept  channel, as the time, and labor, and expense of
on till it died away in its gloomy recesses.   lightening them over this impediment would be
Now, sir, is the past to teach us no lesson of essentially reduced. And even in this point of
experience? Or are we to live a life of national view the measure might be an important precauexpedients, unprepared for events till they are  tionary one.
upon us?  The war of 1812 furnishes another    As to the proper size of the largest class of
instance of this inattention to the dictates of a  armed vessels to be employed upon the lakes it is
wise precaution. We lost that beautiful frigate, a question of some difficulty. A depth of water
the President, commanded by the gallant Decatur,  of twelve feet is quite as much as is found in the
in consequence of her having grounded upon the  harbors generally, and that circumstance will cerhar at the mouth of the New York harbor, and of tainly operate to prevent a great increase of draft,
the injuries she sustained while in that position.  as otherwise places of refuge would be rare. No
She became somewhat disabled; and when, by  supply of water is wanted in vessels upon the
the rising of the tide, she was able to get clear of lakes, and comparatively little fuel or provisions.
the embarrassment and to reach, the ocean, she  The burden is thus essentially diminished, and
was overtaken and captured by ahostile squadron.  a much heavier armament rendered practicable.
What we need, sir,  ith a view to internal  I do not believe we shall ever have a war of ship
naval operations, is free access for our ships of carpenters in that region, as we had on Lake
war to the upper lakes, so that a single establish-  Ontario in 1813 and 1814, when the parties ad:
ment shall be sufficient for Erie, Huron, Michi-  vanced or retired alternately, as each felt itself
gan, and Superior. And to accomplish this it is  strengthened by the possession of a new ship, or
only necessary to deepen the channels over the  rendered inferior by the good luck of its oppoSt. Clair and St. Mary's flats, and those great nent in the work of construction.
sheets of water will, in effect, form a single sea;   I observe that Colonel Graham, in some excelfor the canal around the falls at the outlet of Lake  lent remarks in his report upon the importance of
Superior, a durable and magnificent work, has  the improvement of the flats of the St. Clair and
overcome the obstructions, which separated it St. Mary's rivers, in relation to the naval operafrom itsklindred reservoirs. The Canadians have  tions, considers that war steamers of twelve feet
an advantage over us in their canal around the  draft are as large as will ever be employed upon
Falls of Niagara, and they will have another,  the lakes.
should we neglect our means of improvement, in    As to the filling up of the channel, as' foretold
the power to construct a naval establishment in  by the President, it may be so, though such has
Georgian Bay, an extensive indentation of Lake  not heretofore been the calculation of the engiHuron, in a- part of which they had a similar  neers. But it cannot be filled upiso as to become6




20
as difficult to be cleared out, as it was originally  hundred and twenty-seven have been counted toto be opened. The bed of the river, where this  gether, and instances have occurred of a delay of
obstruction is found, is a tenacious clay, which  four months. The average daily detention is
has undergone no change within.the memory of  about seventy-five. There are not less than thirman. A violent wind blowing from  the small  teen thousand passages in the course of a year.
Lake St. Clair may, perhaps, bring sand into the  And these facts sufficiently indicate the loss ariaexcavation, and reduce the draft of water; but  ing from this impediment to the navigation.
the inconvenience, should it occur, will be a slight    The St. Mary's is a channel of communication,
one. The accumulated sand could be easily re-  which presents the same general character as the
moved; and piles, properly driven,would protect  St. Clair.  It leads to Lake Superior, but it is
the work from this inconvenience.  I here leave  obstructed by flats, which require to be opened
this reason for the President's veto, founded on  in order that the wants of the growing commerce
the mode of constructing the improvement, and  may be accommodated..Its other great natural
which takes the place of constitutional objec-  impediment, the falls or rapids at the Sault Ste..
tions.                                           Marie, has given way before the"magnificent canal
I desire now, sir, to exhibit the nature of this  which has been constructed. The canal is twelve
obstruction in the St. Clair, and its effect upon  feet deep, about a mile in length, and one hundred
the commerce and navigation of the country.      feet wide. It has two locks each three hundred
The necessary information is to be found in  and fifty feet long, with massive walls of twentythe interesting report of Colonel Graham, of the  five feet. The whole work is built in the most
topographical corps, a copy of which has been  faithful and substantial manner, and it has been
laid on our tables. He has been assigned to duty  sufficiently tested to prove its security and duraupon the upper lakes, and is an officer of great  bility. It is just one year since it was opened. I
worth and experience. By his zealous and well-  was among those, who had the good fortune to be
directed inquiries he has collected a great mass  on board the first steamer that passed through
of information, bearing not only upon this work,  it-and a most interesting event it was for me to
but forming a valuable contribution to our knowl-  enter Lake Superior by means of this triumph
edge of the statistics of the country. His state-  of human skill and industry, and to sail over its
ments are not merely conjectural, but official,  broad expanse by means of another. I had travybeing the result of the examination of each cus-  ersed its mighty waters, years gone by, in that
tom-house; and they exhibit the various articles,  mostfragile.of all vehicles, an Indian birch canoe,
their value, and the places whence sent and where  exposed to its alternations of storm and of calm.
destined:                                        Everything reposed in the solitary magnificence
Total value of merchandise and agricultural produce known
to have passed over the St. Clair flats during the two  a civilized man had fixed his residence upon its
hundred and thirty days of navigation in       borders.  A few Indians, and a few animals sup1855..........................- $251,167,705 97  plying their wants, were all the signs of life the
Or per day, during the season of navigation,  1,09W,033 50  traveler encountered. But all this is changed.
traveler encountered. But all this is changed.
Value of the American vessels trading over
the St. Clair flats.....................  8,553,750 00  A new chapter has opened in the history of that
Value of freight....................  14,313,106 00  country. The white man is there, with his energy,
Estimated increase ofthe aiunti of  igts   2 064 276 00  his industry, and his ceaseless activity; and he is
occasioneft by the obstruction of the flats, 9~064,76 00
opening farms and building towns and villages,
The enormous extent of the commerce over  converting the wilderness into the abode of civthese flats is shown by these statements.  It  ilization and christianity, with churches and
nearly equals in value one half of the foreign  school-houses, and whatever else is necessary to
commerce of the United States. The actual loss  human improvement, and penetrating the bowels
by increase of freight is estimated at more than  of the earth and laying bare its hidden treasures.
two millions of dollars. But the delay and injury    The country upon Lake Superior is one of the
and derangement of the business of the country  richest mineral regions in the world. Its proadd greatly to this loss. Bills are drawn upon  digious resources of copper and of iron, of the
cargoes of wheat, when they are shipped; and if  most superior quality, are only beginning to be
they fail to arrive within the appointed time, these  known, but they are already assuming a national
bills are liable to be protested, and great inconve-  importance. And yet it seems but the other day
nience is the result.  The whole business com-  since an insulated mass of copper upon the Onmunity feel the effect of these detentions. There  tonagon,which I sought in vain to find, but which
are less than nine feet of water on the flats, and  had become known through the reports of the
in the alternations of elevation and depression  Indians, to whom it was a Manitou, and is now
which often take place, though not periodically,  in the open space between the buildings of the
that draft will become still less. Vessels have to  War and Navy Departments, was the principal
be lighted over the flats, and steam-tugs and small  evidence we had of the treasures hidden in the
craft are in constant employment to aid the pas-  earth. Every day they are more and more develsage. The channel is very narrow; so that when  oped, and the most sanguine expectation seems
a vessel gets aground there is a total obstruction,  destined to be overcome by the result.
and no other can pass until the first is removed.    I have said, that this region is but in its inI have just received a letter from one of the most fancy, and accurate information cannot be ohexperienced and intelligent officers of the Navy,  tained of its productions and commerce; and such
describing the crowded assemblage of vessels he  is the rate of its increase, that the past forms no
has seen waiting a passage over these fiats. One nmeasure for the estimate of the future.




21
It is estimated that last year the tonnage, cal- will, this year, probably reach or exceed three
culating each passage, was equal to two hundred  millions of dollars; and adding the same amount
thousand tons; and that the value of the vessels  for the imports, we have six millions of dollars
employed was at least five hundred thousand  for the trade of this year. And looking to the
dollars.                                    character and the increase of the population, and
The exports from the Lake Superior region  to the productions and advantages of the country,
for 1855, consisting of copper, iron, fish, and  we may anticipate the rapid augmentation of its
furs, nearly equaled two millions of dollars; and  business and wealth.
The foregoing remarks of Mr. CASS  President's vetoes, were taken up for conwere made upon a motion to pass a bill sideration in the Senate; and, after disfor a river improvement, notwithstanding  cussion, were passed by a constitutional
the veto of the President.  At the first majority of more than  two  thirds; the
session of the Twenty-Fourth Congress, votes being-for the passage of the Misthree bills of this nature passed the Sen-  sissippi appropriation, 31 yeas, 12 nays;
ate and  the House of Representatives, for the passage of the St. Clair approprione making an appropriation for the re-  ation, yeas 28, nays 8; and for the pasmoval of obstructions at the mouth of the  sage of the St. Mary's appropriations, yeas
Mississippi, in the  State of Louisiana,  28, nays 10.
another  making  an  appropriation  for    On the 8th of July the same bills came
deepening the filats of the St. Clair river, before the House of Representatives for
and a third making an appropriation for its action, when they were all passed by
deepening the flatsof the St. Mary's river,  a constitutional majority of more than
both the last being in the State of Mich- two thirds; the votes being-for the pasigan.  These bills, in the usual course of sage of the Mississippi bill, yeas 143, nays
legislation, went to the President for his  55; for the passage of the St. Clair bill,
consideration, and were returned by him  yeas 139, nays 55; and for the passage
to the Senate without his approval, and  of the St. Mary's bill, yeas 136, nays 54.
accompanied by a brief message in each    And thus these bills became laws, notcase, stating his reasons for withholding it. withstanding the disapproval of the PresiOn the 7th of July these bills, with the  (lent.