Mr. DAVIS. Mr. President, it is the right State to construct its own system of interns improvements. It is also the duty of Congress to regulate commerce among the several States; and if one State intervening between 2 other States stops the commerce between those 2 other States, the Congress of the U.S. has the power to open it through the obstructing State. That, I think, is apain principle; butthe power of Congress in relation to internal improvements in an obstructing State so as to open commerce between 2 other States adjoining the obstructing State is a concurrent power with the power of the State obstructing over its own system of internal improvements. Here is the State of NewJersey. It has a system, of internal improvements for itself. Those improvements may be used, and have long been used for the purpose of facilitating trade between Sta it ng between them. The question is this: congress the right. under the werto regulate commerce,to enter into the State of NewJer sey and seize upon allthe system of internal improvements which that State has constructed for the puruse of facilitating trade and intercourse, an to regulate the system itself? I say Congress has no such power as that; but at the same time neither the State of Pennsyl vanin, nor the State of NewJersey, narany other State has the power to obstructcommerce among other States, those States lying between those other States. What, then, is the extent of the legitimate power to regulate commerce as between those other States and the State of NewJersey or Pennsylvania intervening between the other States? It is simply this: if such obstructions be interposed Congress has the power to open up its own system of internal improvements for the purpose of carrying on trade among the several States. suppose NewJersey by her legislation was to a opt a system of laws that would interdict theStates west and east of her from the use of her system of internal improve ments for the purpose of commerce amen the several States. She might, and I thin would, have the power to do so; but that, at the same time, would not leave the difficulty without a remedy. Congress under its power to regulate commerce among the several States, would have the right to go into the State of NewJersey, or the State of Pennsylvania, or (an other State, and construct works of interno improvement necessary to facilitate and to continue the commerce among the different States of the U.S. I think that gentlemen confound the matter. Here is a separate concurrent power on the part of the State of NewJersey and on the part of Congress. NewJersey has the right and the werto establish her own system of internalimrovements. She has the right to construct her canals and her railroad s. Those canals and railroads may be useful, and may facilitate the commerce between the West and the States east of NewJersey; but because they may be appropriate to such purposes that does not vest ongiess with the power, nor has Congress the authority under the power to reg ulate commerce among the several States, to enter into the State of NewJersey and take possession of and regulate, according to the will and the legislation of Congress, the whole system of internal improvements of the State of NewJersey. If NewJersey will persist in throwing an reasonable obstructions in the way of the trade of the States east and west of her, the apro priate and constitutional remedy which on gress may employ is to itself establish and construct works of internal improvement across the territory of NewJersey or any other State, that will not only regulate, but facilitate, promote, and stimulate trade among the different States of the U.S. llf the present conditionof things was such that NewJersey was offerin obstacles to the trade between the West and NewYork, so far as thattrade was to pass over her territory, she may do so to the extent of imposing her own rates of toll and making her own regulations upon her canals and upon her railroads. But because she exercises her power to that extent that does not authorize Congress to enter into her territory and take possession of those canals and those railroads and establish different tolls and different regulations upon them from what NewJersey by her own authority has established. If, however, the obstruction is so great as to require the exercise of the authority of congress under its power to regulate commerce among the severe States, the only way in which Congress can exercise that power legitimately is by establishing its own lines of communication, either in the form of railroads or canals, or some other form, by which to regulate and facilitate commerce among the several States. But, sir, I utterly deny that the original purpose of this bill is constitutional or comes within the legitimate and constitutional power of Congress. The power vested in Congress by the Constitution to regulate commerce among the several States is not a power that will a sorb the power of a single State to establish its own system of internal improvements. such a power on the part of Congress to regulate commerce will not authorize congress to interfere, in my construction of the Constitution, with the internal system of improvements of any particular State whatever. ith this view of the power of Congress on this subject, I think the bill, with the purpose of taking possession of the works of internal improvement of that State, or of any other State, establishing rates of toll and the transfer of freight upon them, or making regulations to exclude the power of the State over its own internal system of improvements, is altogether an unauthorized power when it is claimed for Congress; and that, if Congress is desired to act upon the subject at all, to act legitimately and within the pale of the Constitution, it must act in the form of Opening up new works of internal improvement, constructed under its own authority. I recollect that this question came up 30 years ago in the polities of that day. The State of Kentucky bade large trade to the State of SCarolina. It ha to pass that trade over the territory of Tennessee; and in the conflicts of polities between the North and the South, an between the West and the South, it was threatened that the roads and channels of communication for that trade over Tennessee would be closed to Kentucky and to Kentucky traders. it might have been le ennessee to dose thgse roa s and channels of trade within her own territory; but when ever the State of Tennessee had proceeded to the exercise of that power, then the power of Congress, under the clause regulating commerce among the several States, would have authorized congress to open new roads and new channels O commerce over the territory of the State of Tennessee for the purpose of regulating trade between Kentucky and other western States and the southern States. The amendments were orderengross, and the bill to he read the 3rd time. It was read the 3rd time.