Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1848-04-22

he 9th April, 1898, law will be found ito
cause The Channel Of Warren river, from Nara.
yanset bay 10 the port Of Warren, in the State oil
Rhode Island, 10 be stsked out and marked. -
Here, therefore, is a direct case Of the improve.
ment Of the channel OF a river above its bay, and
within the interior Of Stale.
We do not perceive any difference in the power
which can erect any kind Of work to indicate
channel, bar, or a rock, and the power 10 au
thorize operations for the amelioration of that
channel, or for the removal Of the bar or rock.
1t would be singular, indeed, if Congress had the
power TO erect lighthouse or beacon, in order 10
indicate to the mariner danger TO navigation,
and yet had not the power 10 remove the bar or
rock. and thereby render the expense Of lighthouse
or beacon at that locality for ever unnecessary
This distinction OF power, however, singular as
it may seem, is held by some modern reasoners
upon the constitutions distinction unknown to
the trainers Of that instrument, equally unknown
to sound reasoning, and dsavowed by the prac-
tice Of the Government from its origin 10 the pres.
ent day.
The progress Of legislation on these subjects
continues 10 exhibit an extension of objects TO a
law of the Sd March, 1901, in which the whole
subject is covered by an extremely broad express
ion, An appropriation is made in this law for
light houses, beacons buoys and public piers, and
for ''other Improvements in navigation" The
whole ground is here covered. All that is neces.
sary to make navigation, "easy and sale" is here
authorized, without reference TO the locality or to
the kind OF work.
In 1902, there is the customary appropriation
for lighthouses, beacons, buoys, and public piers,
and an extension to the additional subjects Of
"bars and shoals, and for piers in the river Del.
aware. In 1903 and 1904, the appropriation is
limited to that of previous years.
In 1904 we find the customary appropriation
and various specific appropriations for similar oh
jects in localities not heretofore named, the wants
Of which became known as commerce extended
itself. The law Of this year also contains an ap.
preparation "(or erecting public piers in the river
Delaware"
From 1906 to the present day. we have the
legislation on these subjects, in the Senate docu>
ment before noticed, gradually extending under
the principle Of the declaratory law of 1889, as
the commerce Of the country extended, and as the
country itself extended, and as it became inhabited
and better known. These references furnish US
therefore with an unbroken series OF the mos.
grave and the highest authority, and OF the prac.
lice Of the Government under all administrations,
from the first Congress Of 1889 up to and inclu>
ding that Of 1915. II, therefore, the practice oil
the Government from its origin to the present day,
under every party, can be considered as settling a
constitution question, we do not perceive how the
most fastidious reasoner can longer entertain q
doubt Of the power OF Congress over these sub.
iecs, unless, indeed, he be Of that incurable class
which has respect for no opinions but its own.
During part of this period, however, viz -
from 179S to 1S32-there is an occasional legs>
latlon oil different character, which it may be
we'll 10 notice. We refer TO that peculiar legis-
lation which gave the consent Of Congress 10 Ger.
tain acts Of State Legislation in reference to ton.
mage duties Tor specific purposes. An examina.
ton into this legislation can create no other inns
preston than that the consent Of Congress is Civ.
en- with reluctance, generally for very short pc.
RODS, renewed as required at subsequent sessions,
and that the objects OF the legislation were fre.
qnently, and indeed chiefly, as far as the greater
number OF these acts is concerned, 10 support
health officers to ports, and for sick and disabled
seamen The legislation is evidently tempo.
rary substitute, until Congress could digest and
adopt its own course. The latter laws on these
subjects also show that the State agents employed
had 10 render their accounts OF expenditures 10
the United States Treasury Department. After
1852 we do not perceive any more Of this egis>
latlon, or if there be any il has escaped our in.
vesligaon, and the laws on these subjects for
years before 1922 are mere renewals OF consent
previously given. But, be that as it may, these
laws invariably show that the consent OF Con.
gress had to be invoked and granted in all cases,
and OF consequence, the plan and object had to
be such as Congress should approve, as the con>
sent oil Congress was given to the law Of State
in which the plan and object were exposed. This
consent is also frequently accompanied with
statement in the United States law of the object
and always with special reference to the State
law that is approved.
Secondly, the legislation also shows that it
was not merely temporary, but very limited
kind OF legislation, sort OF substitute until Con.
gress could act more directly, in which State au
thorilies were made agents Of Congress. and were
obliged as consent was renewed, to render &C.
counts OF expenditure to the United States Trea-
sury Department. 1t may also not be out Of
place to remark that no body Of United States
Engineers existed till 1902.
One leading principle, unequivocally and with.
out exception, governs the entire legislation on
this subject. 1t is, that throughout and in every
form, the power Of Congress was necessary to
give validity to the act or to authorize the expen
diture, whether the plan were that OF using Stale
authorities as agents or United States engineers.
1t is in all cases the power OF Congress. Now,
we do not perceive how it can be so fattering to
State pride 10 be the mere agents OF Congress 10
such matters, or how any one who pretends to
reason on these matters can admit the constu-
lonal power Of Congress to use State authorities
as its agents, and yet not be able to select other
agents better adapted for the duties. The CUES.
ton involves mere choice Of agents, and is not
a aueSInn of constitutional nnmar. or In othar