Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-04-08

states, ueing considered such cesslon oil Jurlsdlc
ton as the declaratory law of 1850 required.
On following this Legislation up it will be found
that enumerated objects are increased beyond those
of the first law of 1889, as "slakes," stakage o.
channels" and OF /" sand bars !" and, on the 27ll
April, 1898, law viii be found " TO cause the
channel OF Warren river, from Narraganset bay e
the port OF Warren, in the State of Rhode Island
to be staked out and marked" Here, therefore
is direct case of the improvement of the channel
OF river above its bay, and within the interior of
State.
We do not perceive any difference in the power
which can erect any kind of work to indicate chan
nel bar, or rock, and the power to authorize
operations for the amelioraton Of that channel or
for the removal of the bar or rock. Ii would be
singular. indeed if Congress had the power to erect
lighthouse or beacon, in order TO indicate to the
mariner danger 10 navigation, and yet had not the
power TO remove the bar or rock, and thereby rem
der the expense of lighthouse beacon at that To-
cality Tor 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 instru-
ment, equally unknown to sound reasoning, and
disavowed by the practice Of the Government from
its origin to the present day.
The progress OF legislation on these subjects con-
tinues to exhibit an extension of objects up to a
law of the Sd March, 1901, in which the whole
subject is covered by an extremely broad express
sion. An appropriation is made in this law for
lighthouses, beacons, buoys, and public PIERS and
for :" other improvements in navigation" The
whole ground is here covered. All that is necessa-
ry to make navigation easy and safe - is here au-
thorized, without reference locality or to the kind
of work.
In 1902 there is the customary appropriation for
lighthouses, beacons, buoys, and public piers, and
tba ILL n
and shoals and for piers in the river Delaware.
In 1909 and 1904 the appropriation is limited TO
that of previous years.
In 1905 we find the customary appropriation
and various specific appropriations for similar OBJ
jects in localities not heretofore named the wants
OF which became known as commerce extended it
self. The law of this year also contains an appro-
priation for erecting public piers in the river
Delaware
From 1906 to the present day we have the legis-
lation these subjects, in the Senate document be-
fore noticed, gradually extending under the princ-
pie of the decaratory 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
unbroken series of the most grave and the high
est authority, and Of the practice of the Govern
ment under all administrations, from the first Con-
gress of 1889 up 10 and including that of lS45. IT,
therefore, the practice of the Government from its
origin to the present day, under every party can be
considered as settling constitutional question, we
do not perceive how the most fastdous reasoner
can longer entertain doubt of the power Of Con-
gress over these Subjects unless, indeed, he be Of
that incurable class which has respect for no opn-
ions but its own.
During part Of this period, however-namey.
from 1898 to l822-there is an occasional legisla
Of kx.
TO notice. We refer to that peculiar legislation
which gave the consent of Congress to certain acts
of State legislation in reference to tonnage duties
for specific purposes. An examination into this
legislation cancreae other impression than that the
consent of Congress is given with reluctance, gene
rally for very short periods, renewed required at
subsequent sessions, and that the objects of the
legislation were frequently, and indeed chiefly, as
far as the greater number OF these acts is concern
ed, support health officers to ports, and for sick
and disabled seameu. The Legislation is evidently
temporary substitute until Congress could digest
and adopt its own course. The latter laws on these
subjects also show that the State agents employed
had to render their accounts of expenditures to the
United States Treasury Department. After 1922
we do not perceive any more OF this legislation,
if there be any has escaped our investigations and
the laws 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 Congress had TO be invoked and
granted in all cases, and, of consequence, the plan
4 and object had 10 be such as Congress should APP
prove, as the consent Of Congress was given to the
law of State in which the plan and object were
I exposed. This consent is also frequently accom-
I panied with statement in the United States law of
the object and always with special reference TO
the State law that is approved.
1 Secondly, the legislation also shows that it was
not merely temporary, but very limited kind Of
Legislation, sort Of substitute until Congress could
act directly, in which State authorities were
made agents Of Congress, and were obliged as con-
sent was renewed, to render accounts Of expendi-
ture to the United States Treasury Department II
may also not be out Of place to remark that no body
4 OF United States Engineers existed till 1902.
One leading principle, unequivocaly 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 va
lidty TO the act, or TO authorize the expenditure,
whether the plan were that of using State authori-
ties agents or United States engineers 1t is in all
cases the power Of Congress. Now, do we not
perceive how il can be fattering to State
pride 10 be the mere agents Of Congress in such
matters, or how any who pretends to reason on
these matters can admit the constitutional power Of
Congress to State authorities its agents, and
yet not be able select other agents better adapted