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assumpuOn power
to improve them by the General Government just in ope-
ration, and actually pacised upon, without complaint in
terrupon, during than thirty years from the oganiza
ton OF the present Government.


The constitution provides that 60 no State shall without the
consent of Congress, lay any duty of tonnage" With the


consent" of Congress such duties may be levied collect
ed and expended by the States We not left in the dark
to the objects of this reservation of power the States


The subject fully considered by the convention that framed
the constitution appears, in Mr.. Madsons report of
proceedings of that body that object of the reservation
was that the States should be restrained from laying duties
Of tonnage for the purpose OF clearing habos Other OBJ
ects named in the Debates and among them the sup
port of Mr Madison treating this subject in the
Federaist, declares hat-


The restraint the power the States over imports and
exports enforced by all the arguments which the
cessy oil submitting the regulation of trade the Federal
Councils Il is needless, therefore, to remark further this
head than that the in which the restraint is qualified
able discretion in providing for the conyenency of their inn
ports and exports and to the United States reasonable check
against the abuse of this discretion"


The States may lay tonnage duties for clearing harbors i'm
proving rivers, for other purposes but restrained from
abusing the power because before such duties take effect
the "consent" of Congress be obtained. Here is
reserved powers of the Staes and in the they may derive


from duties of tonnage levied with the of Congress-
It's safeguards are that both the State Legislatures and
gess have in the act of raising the funds that they
ports which profit by the proposed improvement that
no question Of conflicting power jurisdiction is involved
that the expenditure being in the hands of those who
pay the money and be Immediately benefited, will be
carefully managed and productive Of good than if the
funds drawn from the national Treasury and dsbused
by the officers of the General Government that such sys-
tenn will carry with enlargement of Federal power and
patronage and leave the States be the sole judges of their
and interests with only conservative negative
Congress upon any abuse of the power which the States
attempt.


Under this wise system the improvement OF harbors and
rivers commenced rather continued from the organza


ton Of the Government under the present constitution Many
acts passed by the several States evng duties of
nag and many were passed by Congress giving their
those acts Such acts have been passed by Massachusetts,
Rhode Island Pennsy yana Maryland Virginia. North Caro-
lna South Carolina and Georgia. and have been sanctioned
by the consent of Congress. Without enumerang them all,


may be instructive to refer to of hem, illustrative
of the mode of improving harbors and the early pc
riods Of Government the consutuonaly of which
there can be no doubt.


In January $780, the State of Rhode Island passed law
evying tonnage duty vessels arriving in the port of Pro-
vdence for the purpose Of clearing and deepening the chan
mel of Providence river and making the same more naviga
ble"


On the I'd of February, 1898, the State of Massachusetts,
passed law levying tonnage duty all vessels whether
employed in the foreign coasng trade which night
into the Kennebunk ver for the Improvement of the same
by rendering the passage in and put of said river less diff
cult and dangerous"


On the ls of April 1906 the State of Pennsylvania passed


law evying tonnage duty vessels, &c the OBJ
sucons to the navigation Of the river Delaware, below the
city Of Philadelphia"


On the Esd Of January 1904 the State Of Virginia. passed


law evying tonnage duty vessels g for improving the
navigation of James river"


On the 22d of February 1896 the State Of Virginia pass
ed law evyng tonnage duty vessels for improving the
navigation of James river, from Warwick TO Rockets
Landing"


On the sth of December 1924 the State of Virginia pass
ed law evying tonnage duty vessels for improving
the navigation of Appomaox river from Pocahonas bridge
Broadway"


In November, 1921, the State of North Carolina passed
law evying tonnage duty vessels for the purpose of
opening inlet the lower end OF Albemare Sound,
place called Nags Head and improving the navigation of said
Sound, with its branches " and in November, 1928,
amendatory law passed


On the 2lst OF December 1904 the State Of South Caro-
lima passed law eyyng duty, for the purpose Of
building marine hospital in the vicinity of Charleston
and the 18th of December 1916 another law passed
by the Legislature OF that State for the maintenance Of
marine hospital"


On the ioh of February l7s, the State Of Georgia pass
ed law eyying tonnage duty all vessels entering into


the port Of Savannah, for the purpose of clearing the Sa
vannah river of wrecks and other distractions the
vgation.


On the 18th of December 1904 the State Of Georgia pass
ed law evying tonnage duty vessels, be applied to
the payment Of the fees of the harbor-mase and health officer
of the ports of Savannah and st. Mary's."


In April 1888, the State Of Maryland passed law laying


tonnage duty vessels for the improvement OF the ba
sin and "harbor of Baltimore and the river Paapsco."


On the Goth Of December, I79 the State Of Maryland
passed law levying tonnage duty vessels for the i'm
provement Of the "harbor and port Of Baltimore"


On the 2Sth of December 1898, the State OF Maryland
passed law authorizing the appointment Of health officer
for the port Of Baltimore and laying tonnage duty
sells TO defray the expenses.


Congress have passed many acts giving its "consen" TO
these and other State laws the first of which dated $780,
and the last in ls43. BY the latter the consent of
Congress TO the law Of the Legislature of the State
Of Maryland laying tonnage duty vessels for the improve
ment of the harbor OF Baltimore, and continuing IT in force
until the lst day Of June, $780, transmit herewith copies
Of such of the acts Of the Legislatures of the States the sub
ec and also the acts Of Congress giving IFS consent there
to, as have been colated


That the power consutionaly and rghuly exercised
in these does not admit Of doubt


The injustice and inequality resulting from concedng the
power TO both Governments is illustrated by several Of the acts
enumerated Take that for the improvement Of the harbor OF
Baltimore That improvement is paid for exclusively by
tax the commerce OF that city bot if appropriation be
made from the National Treasury for the improvement Of the
harbor Of Boston, 1t must be paid in part out Of taxes levied
the Of Baltimore. The results that the
Of Baltimore rays the full cost Of the harbor improve
ment designed for its benefit and, in addition contr
butcs the cost OF all other habor and Improvements in
the Union The facts need bnt be stated prove the ne
embodied in this BILL Either the subject should bc left
during the first third century, or the practice of levy
ing tonnage duties by the States should be abandoned alto
geher and all harbo and river made under the
authority Of the United States and by means Of direct APP
popHaons In view not only of tie constitutional difficult
ty, but question of policy, clearly Of opinion that
the whole subject should be left the States aided by such
tonnage duties vessels navigating their their
specye Legislatures may think proper propose and Con-
gross ftto sanction This of Congress would
refused in IN he