he purpose; and as the St. Clair River is
the boundary line between the United States and the Province of Upper
Canada, the provincial British authorities would doubtless be willing
to impose a similar tonnage duty on British vessels to aid in the
accomplishment of this object. Indeed, the legislature of that Province
have already evinced their interest on this subject by having but
recently expended $20,000 on the improvement of the St. Clair flats.
Even if the Constitution of the United States had conferred upon
Congress the power of deepening the channel of the St. Clair River,
it would be unjust to impose upon the people of the United States the
entire burden, which ought to be borne jointly by the two parties having
an equal interest in the work. Whenever the State of Michigan shall
cease to depend on the Treasury of the United States, I doubt not that
she, in conjunction with Upper Canada, will provide the necessary means
for keeping this work in repair in the least expensive and most
effective manner and without being burdensome to any interest.

It has been contended in favor of the existence of the power to
construct internal improvements that Congress have from the beginning
made appropriations for light-houses, and that upon the same principle
of construction they possess the power of improving harbors and
deepening the channels of rivers. As an original question the authority
to erect light-houses under the commercial power might be considered
doubtful; but even were it more doubtful than it is I should regard
it as settled after an uninterrupted exercise of the power for
seventy years. Such a long and uniform practical construction of
the Constitution is entitled to the highest respect, and has finally
determined the question.

Among the first acts which passed Congress after the Federal

Government went into effect was that of August 7, 1789, providing "for
the establishment and support of light-houses, beacons, buoys, and
public piers." Under this act the expenses for the maintenance of
all such erections then in existence were to be paid by the Federal
Government and provision was made for the cession of jurisdiction over
them by the respective States to the United States. In every case since
before a light-house could be built a previous cession of jurisdiction
has been required. This practice doubtless originated from that clause
of the Constitution authorizing Congress "to exercise exclusive
legisl