bject, no pretense whatever for
the claim to power which the bill now returned substantially sets up.
The inferential power, in order to be legitimate, must be clearly and
plainly incidental to some granted power and necessary to its exercise.
To refer it to the head of convenience or usefulness would be to throw
open the door to a boundless and unlimited discretion and to invest
Congress with an unrestrained authority. The power to remove
obstructions from the water courses of the States is claimed under the
granted power "to regulate commerce with foreign nations, _among the
several States_, and with the Indian tribes;" but the plain and obvious
meaning of this grant is that Congress may adopt rules and regulations
prescribing the terms and conditions on which the citizens of the United
States may carry on commercial operations with foreign states or
kingdoms, and on which the citizens or subjects of foreign states or
kingdoms may prosecute trade with the United States or either of them.
And so the power to regulate commerce _among the several States_ no more
invests Congress with jurisdiction over the water courses of the States
than the first branch of the grant does over the water courses of
foreign powers, which would be an absurdity.

The right of common use of the people of the United States to the
navigable waters of each and every State arises from the express
stipulation contained in the Constitution that "the citizens of each
State shall be entitled to all privileges and immunities of citizens in
the several States." While, therefore, the navigation of any river in
any State is by the laws of such State allowed to the citizens thereof,
the same is also secured by the Constitution of the United States on the
same terms and conditions to the citizens of every other State; and so
of any other privilege or immunity.

The application of the revenue of this Government, if the power to do
so was admitted, to improving the navigation of the rivers by removing
obstructions or otherwise would be for the most part productive only of
local benefit. The consequences might prove disastrously ruinous to as
many of our fellow-citizens as the exercise of such power would benefit.
I will take one instance furnished by the present bill--out of no
invidious feeling, for such it would be impossible for me to feel, but
because of my greater familiarity with locations--in illustration of the
above opinion: Twenty thousand dollars