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Advertisements not having tht ber of insertions mtarked on them, will b outiuued'uutil ordered out -and charged accordingly. Communications, post paid, will be prompt ly and strictly ittended to. -Po IitiCaI. EXTRACTS F..oNr RM. CALUOUY's REPORT UPON 'rBE MEMPHIs CoyENvyTtoN M1imatatAL. IN SENATE,-June 26, 1816. The Special, Committee. to whom was iefeired the Memorial of the Memphis Convention. have had the same under consideration, and submit for the coansi .dcration of the Senate the following re port : -- It appears from the memorial, that the eonvention met in MAemphis, Tennes see. in Novermber last; that it consisted 'of five hundred and eighty three rmembers from the Statee of Pennsylvania. Vrginia. the .two' Carolinas. Florida.', Alaha.na, Louisa-in, Texas, Mississippi. Tennesseo, Arkansas, issouri. Knttucky. Ilhinais. Indiana, Opim, anl the Territory of lown, umaking six!edn States aid one Territory; ani that' its ibject was to confer on the measures which should beaiilopted for the devetopement oftae resources of t he valley of the 31ississippi. and the aj:scent States fin the 'gulf of Mexico and the Atlantic - cousii also appears-that its det'herations terminated in the adoption of twenty re solntion., armting which' the most promt. aent relates it the imaprovenent of the na - vigntiom" of the Mississippi and its great . navigialle trbutarias, incltuding the deep K enoita f i e):r at itgtirouth a'nd its cou c st thie reuainit lion, by 4jt itihientS. Of the public lands ilject to inundaiins an the alissi'sippi'ad its tributaries,'anl tae coanexion of its valley and the onth. crn Atlatitic States by a system of rail roads. ilai'ita nowslown 'that the power to raise ancy and to appropriate and ex pead it is confined to carrying into execu tion the d-aested powers. it remains to lie considered w hether there i- any pow.r del egated to the federal government. the cta ryiue of which into xecntiot wulid au -thorize a;prop iaars atd exp1e- at! a ures fur the imaproIveil't of tat: umIgatonu of :'e M is.a ppii and it u ater .u . ci'the. .;er audl mature .consi;dera;thim. i' lohe subja-et, are of the aipilon ta t there is, at:d that it is to be too id ii the power --to regulate comnmrce with foreifn nations and amontg the seve ral Sta'. s,' ad more pee:ically it that !ri reglate it among the Stites. Iu order to utler-nantd the reasons wih ich have blrought theml to this~coache-i, it will be necessary to txpiaitn what they. believe tat be the nature and extent of the power con ferred on Congrees by the provision to, gubate'commalerce mning ahe States; bey withouta further pirelimaiinary renw te wilt next proceed ta do. Miinta - Thecy, thaen, are of $Eat'if the. power whatever maaay be the "'o-eaiecm conaferreti la h ywl dadrhro merce,"~ whicimng the States" restrict terth LIE tithe regutlatioan taf the comn the pov~'f the States with each other, us amerrate and distinct commatunitties, to the xcltusiona of its regulaiton awithta their re ,specti'e limrits, excepat as far as m-.by be indispensable to its due exergise. Their effect, 'iu.paher wo-ards, i. to restriet. the power delegated. to Congress to. regulate commerce among the Satutes,. to their ex aerntal comtmerce with each other asStates, and to lhave their internal comnmercewith thae exception above stated, underte ex -clusive contrail of the several States res pectively. Such, in their opinion, is tha, plain and lateral meaning of the words 'Tihaa. ahey are intended to restrict the power -isscerta'.u; .hut, if that he admaitted, it wou'dseemn impossible tao give any other construction to them;wvhaich wvould not be ,either so rigid.,-on.thae otne siade, as to ce :prive them of all meaning, or, oan the otha ecr, be jo'.liberal a. to subject the entire ,commnercoT he'States, iternal as well as-ri 'edertdah, to the' control of Conagress .rjthj-tfjr may~ beraddled, that'the consatruc * tiedi hieli'tisefgike accordis with the tasdns which -gnoei theaframers of the custit ution ihnielfgatitiahe power to regulate comrmend~a~ii foreigan nation *and1iaontg the States, as 'strecurrence to .1hi'histoi-y- or thae causes which' led to ts * giention will ecrly'sho': disivWell knor'wii that thte-pr-esenteconstt ttligntWaiopted to rreedy 'the defe-cts ortke~oltiliits hi conftederationt.'A mong that6'fe 4+'refouti more embarrassinig, or having a stronager tendtency to weaken * t Uuilon 'in its- foleign orelations, or tao Salietnate the dirachingtest oft tho Stat' s..to dachi otber, antd bring thoem tuto c'olhision a~a tha e rC ahoy nossessed under the confederation of regulating commerce,with the exception that no State should ener into ary treaty ,confederation, agreement, or alliance, with any foreign power or other State- without the consent of Con gress, or should lay imposts or duties which may interfaire with treaties entered into bet ween the United Stat.es and foreign powers. Even this was qualified by a pro. viso, which prohibited Congress from ma king any treaty. by tvhich the States i ould be prevented from laying such im posts and duties as they might think pro per to impose on their own citizens, or from prohibiting the exportation of any species of goods orconimodtties whatever. "The embarrassments, distraction, and hazard of collisions, gro ing out the exer cise of the pou er thus reserved to the -States respectively to regulate their com nitece with foreign nations and with each otter, were so great 'and alarming, as, in the opinion of the reflecting and patriotic. to demaud a speedy and effectual remedy. and -contributed, more than any other -cause, to the calling of the convention which formed the constitution, as is well known. 'Care was accordingly taken to apply effectual remedies, as might be ex pected, by delegating to the newly formed government the exclusive power of regu lating the commerce of the States with foreign nations and with one another, and prohibiting, without qualification, the State frost entering into any treaty, al liance, or confederation, as has been sidt ed. But equal care was at the same time taken not to extend the remedy beyond the evil. And hence the restriction which limits the pot er to regulate commerce to the external relations of the States with loreign nations and each other, to the ex clusion of their internal commerce, as the evil to be remedied resulted wholly from the one and not at all from the other. . 'Having now shown what is the restric tion imposed on the power by the terms "-among the States," your committee will next proceed to consider what pondr is conferred on Congress within that restrie tion by the terms '-to regulate commerce." "They are of the opinion, after dfue re flection, that they confer on it all the pow ers which, by a fair interpretation:, belong edl to them, as fully as the States them selves possessed it, except such, if there 'e any, as may be prohibited by the constitu tion from being exercised, either expressly or impliedly: That they confer on Con e P all the power to regulate cotmtmerce -- o luiiht, as she rI ords by which it is delega ted are used without qualification or con dition. But, if there should he room for doubt, it wou!d he retnoved by adverting to the reason f.ir delegating the power. It was not to limit or prohibit it as a power tfr dangerous characte', and which, ott that account, ought to be restricted or pro hibited. Onl the contrary, it was regarded as one of the utmost tility, and on- the proper control of which the prozperity of' the States essentially depended ; and it was accordingly for the purpose of oitanin in;; such cuntrl, as a eli as to prevent col ida amon.t the States, and not to restrict titr pratoibit it, that it was delegated to federal government, as their coutnce presentative and orgaa. in lie ,n ra rehattitns vth each other at . aions. When it is adde .such is ad moed t e the true in refer nced to te Ih te d tthat the phrasetol Ice to the latter' reference to both, -it ;yis tlte sunti *i yw ld te un1 l c ud the po sibility of d outt s eing so alo in reft ren e -to ttde f r. The only dilleretce between Ltwu cases is, that the power i6 divided ta its exercise between the law-malting and treaty-making-organs of the govern r.ent in-reuatfting commerce with foreaigih natia'ns, whbile in thtat of regutatinag it an monog thecStates it is vested exclt'ely in the law- makoIatg, as from necessit) it an Ost e, where t.he treaty-power lmtO .g fedleral Sates is delegated to their commttont gov Urtaelt. Itl remnnins tnw to tic considecred whlat powera would a fair interpreta'tion of' the terms -"regulate commttereae" confer on Cngrecs ? Or, to express it imore full, what power did the hramaters of the consti tutiona intend to delegate to it ini using those terms? Your commatittee reg-trd it as lfar lnate that, i.: their endeavor to ascertaina what pow er they itetnded to. delegate, they arc not thrownm ont thte vagate meaning of the terms as used in cornmuona parlanee. There are fewv words in the language,wvhen thus used, more vague titan the verb 'to regulate. It has, as comooly tnsed. all tam shades o[ meaning. fraomt the mere poner of' prescrabing rules to that onf haav ig absolute and unliminted control over tae sttbject to which it is applied. Nor is the term commnerce free fromt amibiguity wh len so used. It somnetimtes meanis trade simply ; and at other, trade and tratnsia, or navigation wh-ena the transit is by water But the case is different when they are appliedi to constitutiontal or legal subjects. When so applied, their nmeaningr is so much maore precise that they may tbe re arded as almost techmnieatl. They occupy ai lirge space both in our own code of law.;titd' thtat of the country from which we derive our origio atnd language. And hat contributes still mtore to the precision af thteir meaning is, that they occupied a protinent place in thec discussion whfi ha precededc amaI led to the Rlevoltim that -parated the two coutntries, particularly as it relates to the distinction betweena the power i lay taxes and that to regulate coaamterce. The hatter, it was admnited, elonged to the parent counatry, whilst the former wvas denied and resisted. Itlany ro he. fraemra of the constitutiott, ivho were able statesmen and learned lawyers, took an active part in this discussion, and were familiar with the meaning of the terms, as politically and legally applied at the time. Under such circumstances, it is a fair presumption that in using them, in delegating the power, they intended to attach a meaning to them similar to that in which they bad been in the habit of employing them in their, political discus sinus, and in which the States had been accustomed to use them in legislating on the subject of regulating commerce prior to., and subsequent to, the Revolution. "Assuming such to be the case, your conmnittee are brought to the question, What powers were the States accustomed to exercise in regulating their commerce before and at the time of the adoption of the constitution, as far as they relate'to its safety and facility ! The answer will solve the question as to the true meaning of the terms, and the kind of powers intended to be delegated to Congress in reference to them.. '--In order to understand why the States exercised the kind of powers they were accustome.1 to do, at and before .he adop tion of the constitution, for the safety and facility of their commerce, it is necessary to hear in mind that they were then confiu ed to the Atlantic coast, along which they extended from New Brunswick to Florida; and that their commerce with each other was confined to the coasts and -its hays. On turning to their legislation during that period, it will be found that the powers they exercised for that purpose were re stricted to the establishment of li ht-hous 'es, buoys, beacons, and public piers. They arc all of a description well adapted and necessary to guard against the dangers and impediments to which such a com ncerce as they then carried on was expos ed; while they were, at the same time, such as would be neglected, or not csta blish'd at all, unless the public took charge of them: because individuals had neither adequate motive norsp ewer to establish or attend to them. That the power to esta blish them refers to that of regulating commerce, may be certainly inferred from the motives and object of their establish went ; and that -commerce, in legal lan' guage, embraces navigation as well. as trade, may, with not loss certainty, be inferred from the same circumstances, as they relate directly and exclusively.to navigation. If we turn from the legisla' ion oh the States prior to tie adoption of not only the correctness of these intferen cos, but all that yotr cotrfmittee ha- stated) in this-connexion, as they will next p' ceed to show. / --So important was he power egula e comninarce, and especially fmong the States. regarded, that it/,s among the first. suhjects which r .med the attention of the government t'r it welt into oper ation. On the A of April, 1759. just a. tonth after. comn'necmuet of the go verntmen tn act of Cungress became a a b e approval of the President, on -- t i act for 'thu establishment of ahouses, buoys. beacons, and public pier'z;" that is, moles raised for the shel ter of vessels against storms or ice. It provides that all the ex penses, which shall accrue for the support and maintenance and rt!airs of such as were erected, plac ed, or sunk by the States, before the pass ing of the act for the safety and ease (fa cility) of navigation, shall he defrayed out ufthe treasury of the-United States, with the proviso that the expense should not be paid by the United States after one year, unless they should be ceded and vested in the United States by the States to which they belong, with the lands and teaenents apperaining to thetm. [t is also p)rovide-l or the erecting of a lignt house near the entrance of the Chesapeaku bay. anid for the cxpense of keeping. rebuilding. and repairitig of' the -establishment. .These provisionis furnish cotnclusive proof that the States, wider thu powcr to regulate cmmet*rce, establtished tight-hou~ses, buoys, leaconls, and public piers; thiat Congress regarded the power as detega'ed to it, to the- same exter.t ; that .the object of the power was the-increasodl safety anid facility f commerce along the coast ; that it at) pertained.esplecialty t) the regulation of comaerce amionig the States. as tthe por iob. of t he ocean iu its vicinity'is the great common~) highway of the commerce of the' States borderinig on it : and thai it embrac ed navigation as well eas trade. It may be added, in confrmatinn of tlie construe ton which pjaces this establishment uder the control of thte governent, that it ac ords with the practice of the government f the country from wvhich we derive our anguage atnd origin; with this diff'erence, that there the establishment wvas princi pally under the control of incorporated copanes or indivIduals, but subject to the legislation of Parliment, as must have been well known io the franiers of our constitutionl. In carrying the power into execution, Cogress hars studded the coast wth light houses and beat~n lights, to guide in safety the marinier b~yliight on his-voyage, against the danger ofaapes, reefs, and shallows, and has -thiikly planted buoys at the mouths of hjrbiors and inlets, to poin~t ott the tnarrow/channels through wvhicb he may safeg/ pass itnto them. It has gone ~fther, mrd constructed public piers, (in cuig arbor5 of protection.) wv here ves ses ca/ take shelter against storms and ice, aid annually expends a large sutn in repaiig, supporting, and enlarging thie est alisment. To this add that the power, to jis extetnt, has been exercised .by Con-~ .-...., from. the- beinning oathn goen-n. -daet ' uttl e rimp.Withotm' 4dterr . ruption oa bai 'eriously questioned as to its coasptutryt ity,, etier ;in or out of Congress,;dtidg that long perio.d. and it may tqysa (1 fprred that they have not erred .o plac .the-construction they have on it.! . - . "! Having: shown that the pe er to regulate coi rce, fairly construed, em braces the er ',lishment of light-houses, buoys. beam .and public piers, for - the increased uah~8tand facility of the -conm mttrce dthe antic coast, your commit tee w'ill neZt eed to consider the ques ron. ivhethe ay nout be constitutional ly appliedy;op ease the safety and facility of the comm of the Mississippi and its waters::.. "It iaadai that the framers of the Coustitution; legating that power. had in pontemp[ the Atlantic coast only. At the tile - very smail portion of ourpopulatio ad passed the Alleghany mountatus ins he valley of the Missis sippi, as- ss stated, and none had reachedst awrence and its lakes. Ther v a M single State situated w valley. 'Indeed, the g tiding the whole of its rig on both sides below the thni'yei el, belonged to Spain, who.dle clusive right to navi gate tieflV nth of it,-and aright in common wtI o. the residue. In such a state of tfW t -is not probable that the arvigation a river so full of obstruc tionsa' dttndi current too rapid for as cending utit p with the power' then used fr pro .vessels on .its water s, ever oceuriitt the framers of the Con stituiioD,'iii itiberating on deiegnting the power' in sestion. But, ailthough their::aiteti directed to a particu lar case,'they too wise to provide a reriedy'fap e exclusively to it, by resticting t coat navigation, or to the establia of light-houses. buoys, beacons, licpiers. They looked for thf ft provided one of a more comnpieetis aracter, and calculated to remd iin whatever form it o since occurred. We tr e valley of the Mis sies lxclusive control of its c lit was then au almost un ihit mness, now contains nearly~on o iulation of the whol U ornalygreat and , flour itibie ouanerce. ihen.. t ld o asceiid .Istreain, now riva s that of the coast. in .amount. the cost and si-ooftihe vessels by which transported, cheapness of -freght, rapidity of transit, and the force by which they are impelled -a force so great as to completely over come its turbid and rapid curren:. It has none inure. It has so intimately united the navigation of the river and the gulf, that vessels navigating the one may the other, so as to ptss and repass to and from each other in one continuous voyage; just as if (fur all practical purposes) the Mis sissippi was a part of the gull; or an 'in land aca. --In consequence of these great changes, the reasons which influenced the lamers of the Constitution to delegate to Cotgross the power to regulate commerce among the States are tow as applicable to the States bordering on the Mississippi and its great tributaries, as it was then to those bordering on the Atlantic coast. If it was tecessarj to delegate it in reference to the litter, to prevent the embarrassment and collission betweesi them in coisequeuce of each regulating its commerce with the other, the necessity is equally urgent in reference to those borilering on the Missis sippi, for the .same ,reasons. Indeed, it may be said to be more so; because nu merous States gro'uped together otn a large stream and its. tribut aries, and depeniding oni its navigation uxclusively.. as the medim umn of theircom~merce. with each other and the rest of the world. -would be . much more exposed to e'mbarrassmnents and cul iissions, withbout a common power to reg. ulate their egmmerCe, thantthose stretched out on a long line of seacoast.. The la tter might possibly tna nage each to regulate its otvtn commerce, w ithout a common power; but without such apower the former wouldil almost necessarily be involved -in contiun ed conflict and hoadhities. So, again, the necesdity of a coirimon power to. regulate commerce among them, mn reference to the safety and facility of' its navigation, isi greater in relation to the States on thei borders of the Missi'ssippi, including its I tributaries, than ont the coast ; as the dan-i gers and impeditmnt to .which it is cx posed are~gresper, ivhile,:frbra their char- I acter, they may bte more, elfectually guar ded agaitist by beinig removed. "So urgent, inde'edde) the t)eeessdty of aI common power to regulate its commcc, that it nriay be safely allirmed that it would< require a confederacy among th1e .Stapes -i on its borders for that purpiose, ne the only, meanis of preserving pea~ce and preventing I the most deadly condlicts anio.og them, de structive alike to their :commerce and I prosperity, had not the constitution dives ted t.ie States of the power, and 'delega- I ted I to tie federal goverment. If to :hese urgent reasons for a commnt powert to regulate the commerce oif the Mississip pi, inieluiding its great tributaries, we add, that the States direcedy inisrestod are positively prohIbited by the constitution from enterinlg ito any treaty, alliance, or confederation, and, of course, fiom adopt ing the only means by which such a power ::ould be created by them, and 'that the 'iver is made,, by the same ,instrument, ten common highway~ in fact for illiieir vessels aad-those of.the whole.Union na igating it, by.providing ihat t"vessels~bound. to or from- one-State shal 'nio.t be obliged to enter clear,,or pay duties in another,"* the conclusion is irresistible, that its com merce comes as fully witbia-the power to regulate commerce as that-of the coast it self, There is, indeed. nothing in the terms by! which it is delegated, or in the nature of the power, or. the reasons for delegating it, which can possibly exclude it. . "Assuming it, then:;as unqessionable, that the power is as applicable to- the one as the other. it follows necessarily that the right of Congress to establishlight-hopses, buoys, beacons, and public piet.,'aesfar as they may be necessary for the safety - and facility of navigation, is as full and per fectiin reference to that of the Mississippi.; as that-hf the Atlantic coast. Thus - far there can be no doubt. Indeed, they have: been established on the lakes of the St. Lawrence, where. they are as necessary; as on the coast, ivithout objection or qies-: tion, althongh their commerce was as little in contemplation of the framers o.f the Constitution, as has been stated, as was that of the Mlississippi.: - "The don'r, then, if doubt there be, is reiled to the single point; that the den gers to which the navigatioh of the Mis sisippi is exposed are, from their charac ter, such as cnuot be guarded against by light-houses, buoys, beacons, and public a piers. except -to a very limited. extent.- t They consist ofobstructions in its .chaunel, and can only be well guarded agbinst by I removing them. The question, then, is, whether the po-ver to regulate commerce 1 among the States, .wbich - nuihorites the establishment of light houses. huoys, bea- I cons, and public piers on the coast of the t Atlantic and the -lakes, with their gulfs I and bays, doos not also authorize the re moval of snags. logs, and other obstruc- i tions, which endanger or impede-the navi gation of the Mississippi ? "Your committee, after full and impartial consideration, can see no reason which -I would authorize the one, that-would -.ot < the other. The dangers to be; guardedl against are not only as great .ingeference I to the navigation of the :-Misstsstipiaas .' has been shown; but-.tile reason-,why-th government should; havgeharge of its-itn, provemnent. is' not less htrong. ' If ligilt". houses, buoys. beacons.- and publiepiers- t would be -neglected,:if;:not placed 'ainIer -i its charge; because meiberindividnta tat' rm ......g.....- . tious. which endanger or impede- its oavi- I gat ion, wotl,! be neglected,- -and. -for the i samte reason, if nor put also under -its charge. The only difference, indeed, -be- I tween them,-.is, that in the- ons-case the money is appropriated to make visible, or designate, the cause of danger, by -estab- e lishing light houses, beacons, -or buoys, a while in the other it is appropriated to re- a move them. But it would seem inpossi- a ble to doubt that the righr to make them i visible. orto designate their place, in :or der that they may be avoided, involves r that of pointing them out, to be avoided. t Whether the one or the other should be .v adopted in either case, is not a question of -t right, but one of expediency. depending r an their respective practicability, cheap- v tess and efficiency.. Reverse the causes, ti tnl who can doubt-if the dangers against is which light-houses, buoys. and. beacons ri were intended to warn were of a. nature t< hat they could be removed as cheaply, or; t| more so, than they: could be -pointed, out, b )ut that the samte power which wouldan- i horize the.-former .would.also authorize it he latter; or that the. power to remove it he cause of danger, would not authorize a he. warning against it, if -it could not be a -emovedt ..- . . . . a "Ilaving tsow shown tha: the power to y egulate conmmet-co among the States -is a is applicable to the-co~nmerce of the Mis- c issippi as it is to that of the Atlantic e oast, ,and that the removal of the obstrue :iotns which endanger. or. impede its --inavi- n~ ;ation is as. fully .embraced -by -it, as the -t ,stablishtment of light houses, buoys, ben- v :nns, and public piers. your committee a rollnext proceed tn cotsider how fprithat g ower, as apidto th improvement of fi is navigation extendls, a "They are of the opinion it extends to ec he . removing of obstructions within its si :banne!, the remioval of which would add it o the safrety and facility of its navigation; neluding such as might endanger or .im - 't >ede it by sliding-on or projecting from its >anks, or islands, over the channel. It e, ndledes (to 'oe more specific) the removal (, of snags, clogs, rocks, shoals, sandbanks, si oars, including the one at its mouth, and it rees projecting over or liable to slide into it Cs channel,.where the removal would im. ei trove or secure its navigatiou. -These all o re either within 'he channel af the river, >r haug over it, or in danger of sliding into e r, so as to obstruct it as the common high- n ray of the commerce of . the States on its tI orders; and as it riny truly he added now, h brough the tpower of steam, of the States tI avitng intercourse by continuous nayiga- ci ion wi'tl them, on the gulfand even At- pi antic coast. - . - "T'hey are also of the opinion it extends it o the removal oflike obstructions in its tI reatnavigable tributaries, ipgludidg auch cl s have three or more States bordiering on it heir navigable watiers; but not to those ti rhose. navigable waters are embraced l4 rithin one, or, farthest, two Siates. -WhY d he former is embraced, and the latter not, te hey will next -proceed to .consider, be- a ,inning iWith the case of riyers whose nav-- - 'gth section, 1st articNe Cotitutioi, gable watdis tie confinea to 'a single State.,'. .,- :e --Tieey are not embrced,,becapse,-i the first plaeeor the. po er; Mbs hihs, iena shown, is 'restrieted tot a -eglastiohifee esternal commerce-f tberstates with'iech )therto the'eaclusion -of their. istepnaa. A,4. in'the next,.boause 'ike eatnsuse. 3f such -riveris'Uander the -elicuigieeuud trol orthe Stores iatbin *hole.i limits thger iavigaldlurwaters are'codfined, exaeptjbhat so vessel..from any othetrtate, com) ;or, going, an -be compelled- to eater,'il gr, ir pay-duties, uader';be "provisionusp. oustitUtion already-quoted. goidyg4ept, also, that j'dssels-from- other Bta:te;eshall sot be subject to any regulaton onI wria savigatig.-them;:to *thichie.'eessls..of the tates tovwbich they along are nor, cnder stie-;provisiosssof the samee -instru eient, which'ec.urero the citizeius.of each Stato, in all othersaIli the-privleiges and rumniiies to whlch'their oWhcitizeosare antitled."? . Wi&b. rhese exceptiostu,1he avigation of all suchrivers, as far s c'dm nmerce is coocerned,dis as much underhe ontjol of'tbe State itin which ity-nav gable waters are confined,.s: .i'. anle, ailroads, or turnpikes.:s-.Indeed,-the's are ubject to the latter-exception, and not to. qe former, because not applicably. "The case of a river whose naudible Raters are confimed iqtwo States, -whether Py dividing or fgowing .tbrough thea re lijres naire particular..and , full:: ' F~a ion. The provision, of 'he; Co)hetWion, tlready- cited, .ivhicht' exempts "vessels.. Pound to or from. one State from entering, learing,. . or .paying duties in .another, vould nake all, suchl streams: isffect, pommon hiilbways.df ah the Statdan and trang thetm exclusively=under- the. -antrol or the federal; government, as far.sijs the ower to regulate' commerce amoo# the, States iscancerned-..as much so,-ldeed,e is he. Mississippi itspelwere'it -nsitr an itler provisios ,if,ithe "same- -instrniaent. I'hey ahlultk'tht which. .providesthet 'ob. State-shall, iWithout the conz t of ,6ngress. enter. into 'any .agreeinpl ;or ompact with another State:;' ;andvhich icourse permits (wit ,lustI cqqse4) one kate to ecter into compact or agrpemet" ith alfoIer.-- - '. --'! . r .>yg w. "To-understand the intent. of;q /ra ersoil o ostiie for - schis 'pagisiosi id.its..beaeib . .h .gpoigt der consderation, it is necesta rtoevip ; t, conneco p th aoih o mK ecausei wonl bebot .i nconsisent. withtheir federaI rh'tion. i. Permit it..a In oriter to prevent o impor ant a provfin Ifrom - being .J ed, the Provisien immediately uniercaistderation ras- inserted, prnhibiting the .$Sttes from ntering sutps egreements,.Or, cotspacts in cy caseightitevet, exceptoue State with oothe.Swge, or:with- a foreign power& ad to-provabt-the abuse een ;ofg;hat limi ed power, -theconsegt of.(Qigress is re uired. .-Such is the prohition,. and the. eason, forit. The reason for ithe excep. on is, that without is. 'the .jprohibition rould suosainu te.the federal bqtlhority for at df'the Statss, for 'the . adjutment and gulatioh of all the -various subjects in rhielh the several' States may have a ma al.'iterest in ajusting-and, regulating, icludihg such as the one under considera on, and thereby would :give greater ex .nsiop and minuteness to the authority of se fed ref government tbn was desira. le or. ebsistet with, the objects for which was-instituted. Under the exception it ,left to the States, wh#iu only two are iterested in the. navigation QJ a river, or ny other object, to take it under their wn exclusive jurisdiation jagad control by iit arm,n.or compact jetween them, ihthe-consenat of .Conagress ; as much so m it woulil be qnder that of, one, it was antinued e~tluivey to one instead of ateadinag to two,. . - "Thle case is . different- hbere three or boreStates may be directly interested in es nvigaatinaof a river,. Such cases are iuhdra wn froin the control of the States, sd. are embraced by the power of Con res.: to regulato commnerce among the tates, for resfsous~too obvious to repeat, ter what. has been stated, iis only no. assary to add, in this connexion, the rea-' mae are as applicable-;o .the rivers falling ito thme topean, t~nil ilie, lakes, including teir gulf and bays,.as to.those falling into me Mississippi and -its tributaries.. "Your Comnmittee will next proceed to insider whether barkors~orenl around alls or other obstructions of the Miissis. ppi, including ts great triestaries, (.mema. ig bhereby those in whose navigation. ree or more .States are, interested.) are nbraced in the power, taking them in the der they stand. .. "They are of. the 6pinion that harbor.,. Ecpt far. shel:'er .or pagal stations, are . Their: reason for. thinking so is, in ie first place, becatise, as far as they ave baenm able to ,aacenin, the Statesi lam ae exercise digthe. pepwer of regniatinm mimtercrt never . entended it to the .img. rovement or.consrcetiqpi, while coloies. 'hey hiave not bleen, able to find a single. istanceofshie-exercise ol. the power, oa leir part which,wonld prarant die op. usion that such :.hagboes were inehaded the. power, and, %ey:posy add as per. nenttoihestjcetvery few essesin. the gislacion pfshe country from whik we awour origin and- ,angusaget thaLgeejan nsnces amextension of the powu~es e bto embrace them; ;and in the-noss d sectong~t 16thedi.e~