Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-03-04

navigation the naygabe rivers and harbors Of the United
States derived from the constitution, and the legislation of
Congress prescbes the regulations by which the right may be
exercised The citizens complying with the acts of Congress
exercise the right and their vessels sail and navigate under
the flag Of the Union the naygabe rivers and the habors
thereof
This right of navigation in the navigable Of the Uni
ted States being vested in the sovereignty Of the Union for the
benefit OF all the citizens naenabe and constitutes what
called the puJhcum JUS right Of all the citizens
IT. them Improvements essential for the protection and
curly OF navigation in its legitimate channels, the sovereign
power acts not for the purpose Of creating comforting any
right but only for the advantage of existing public right
equally beneficial and common all.
five advert artificial ways made for commerce, such
roads and canals the lands of State ii be APP
paen. that the principles applicable such improvements are
like the works Of that character altogether different from those
| have been considering The whole machinery controlling
and regulating roads and canals acts under State authority
The right make and construct pay be granted by the State
and enjoyed franchise 1t may be held under act Of
incorporation, orby individual, and may create monopo
y and the and benefit thereof common, but only
capable Of being obtained by payment Of the price changed
Being franchises, capable of grant, aienabe and the subjects
OF private property liable sale and disposition such, it
must be admitted they fail in all that characterizes and dis
,incy defines the right which is pubeum JUS. Hence APP
pears the distinctions which vers the remark of Lord Coke
I "quod amie est idept."
In the distinction have made it not intended that the
power Of the United States should questioned when called
into exercise, for military naval improvements The re-
marks relate exclusively the improvements for the public
benefit Of commerce and navigation.
shall now consider the question of jurisdiction The re-
mova of casual distractions which may interrupt the enjoy
msn OF the right may not be considered conflicting with
State jurisdiction but such improvements piers and break
waters being of and fixed character and attach
ed to the soil, occasion the difficulty.
The impedmens in the way of the exercise of the right
arise either from Stale jurisdiction the existence of private
right or from both combined The State may have iusdic-
ton oil the ubaqueous SOIL and private right intervene
the land on which the Improvement requisite may belong 10
citizen, and be within State jurisdiction admit the uris
dicicn of State with the soil and territory
thereof but it also be conceded that as member of the
unon the State subject the provisions of the constitution
Of the United States.
In the amendments, article fifth, il provided, shall
private property be taken for public without just compen
saton It requires argument to explain the effect and
operation of this provision 1t clearly authorizes the direct
action of Congress taking private property when required
for public just compensation being made Under title
thus acquired the United States may the property
whatever Improvements may be needed for the benefit and
advantage of the pbleun the right of navigation The
process under this clause of the constitution secures the object
for national advantage without detrment jurisdiction
Should portions OF The subaqueou soil be needed for erecting
piers constructing brakwaes, is sanctioned by the
stuon authorizing Congress exercise exclusive legislation
all places purchased by the consent OF the Legislature of
the State in which the shall be- &c. This grant of
power TO obtain private property for public USE and when
cessay the exclusive jurisdiction the only mode which
exclusive jurisdiction be Obtained and with respect the
title, when acquired under the constitution the thereof
49, - -c.
poses IT. in the application of the Presidential process by
State should be found necessary exinguish the private
right obtain IT. then the authority would be derived from
similar provision the State constitution and the power
acting by State legislation could only acquire the property
the public Of the Stale In the former case the title is
qucd by the United States for national objects aud purposes
and the compensation price is paid from the Treasury Of the
Union in the later the title in the State and payment
is made by it. In the case the improvements made would
belong the United States and the use and benefit thereof
be public to and for the whole Union in the other the use
would be subject TO State hoy and constitute part Of
the pubic property Of the State From what has been said
appears that the constitution has provided all the and
/ conferred ample authority TO render them available
Having explained the defective action Of State power in Sc
curing either the title of property national purposes
shall advert inability to collect and apply the tom
mage duty for the benefit of the commerce and navigation Of
the Union By the Presidential process He saws with
the OF Congress State may levy and collect tom
duty. In this he is but the power acting is
confined within State jurisdiction Let us test the practical
operation Of this process The harbors the Delaware river
within the State Of Delaware Of essential Importance al
places Of safety in ansu, for the and navigation
Of the city Of Philadelphia the State Of New Jersey the coast
ing trade Of the Unon and especially the foreign trade An
act Of the Delaware Legislature with the consent Of Congress
would be fuess tonnage paid, would accrue and
become payable that would pay the expense Of collection II
the should be given to legislative Of Pennyva
MIA, and the tonnage duty collected Philadelphia the Lee
gaure Of that State could expend appropriate to be
expended teyond their jurisdiction, and certainly within
the State Of Delaware The difficulty would be expe-
renced IN applying the Presidential process improvements
upon toe lakes the extensive rivers Of the West which,
under every aspect Of the question, the great national high
ways Of the and navigation Of the Union espe-
ciaiy entitled the attention Of the General Government
The President further remarks that, "by returning TO the
early and approved construction Of the constitution and to
The Prncice under it, inequality will be avoided and at the
same time all the really important improvements will be
made less than they would be ty the agency or OIL
Gers Of the United States" He has referred 10 cases in
which State legislation has been applied for local and State
benefit a. that of Massachusetts, building pier ia Kennebunk
uver and Of Maryland improving the harbcr Of Baltimore and
Dn pf La ~.