deprived of the means necessary to execute
those great powers clearly confided to it by the Constitution for the
purpose of promoting the interests and vindicating the honor of the
country.
Whilst the power over internal improvements, it is believed, was
"reserved to the States respectively," the framers of the Constitution
were not unmindful that it might be proper for the State legislatures to
possess the power to impose tonnage duties for the improvement of rivers
and harbors within their limits. The self-interest of the different
localities would prevent this from being done to such an extent as to
injure their trade. The Constitution, therefore, which had in a previous
clause provided that all duties should be uniform throughout the United
States, subsequently modified the general rule so far as to declare
that "no State shall without the consent of Congress levy any duty of
tonnage." The inference is therefore irresistible that with the consent
of Congress such a duty may be imposed by the States. Thus those
directly interested in the improvement may lay a tonnage duty for its
construction without imposing a tax for this purpose upon all the people
of the United States.
To this provision several of the States resorted until the period when
they began to look to the Federal Treasury instead of depending upon
their own exertions. Massachusetts, Rhode Island, Pennsylvania,
Maryland, Virginia, North Carolina, South Carolina, and Georgia, with
the consent of Congress, imposed small tonnage duties on vessels at
different periods for clearing and deepening the channels of rivers
and improving harbors where such vessels entered. The last of these
legislative acts believed to exist is that of Virginia, passed on the
22d February, 1826, levying a tonnage duty on vessels for "improving
the navigation of James River from Warwick to Rocketts Landing." The
latest act of Congress on this subject was passed on the 24th of
February, 1843, giving its consent to the law of the legislature of
Maryland laying a tonnage duty on vessels for the improvement of the
harbor of Baltimore, and continuing it in force until 1st June, 1850.
Thus a clear constitutional mode exists by which the legislature of
Michigan may, in its discretion, raise money to preserve the channel
of the St. Clair River at its present depth or to render it deeper.
A very insignificant tonnage duty on American vessels using this channel
would be sufficient for t
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