The daily union., 1852-08-19

II
government, and has succeeded in Withdrawing it from
both roads and canals, mere objects OF internal i'm
proyement And a conviction OF the danger 10 which
such loose system was liable seems also TO have taken
possession OF many of our political opponents AS TO
rivers and harbors, they present different considerations
well shown by Mr. Calhoun, and il is indispen.
sable that the national and truly important objects of this
nature should be provided for by Congress- | have
more doubt OF the constitutionay than have of the
necessity OF such legislation; still concede the system
has such tendency 10 abuse that its operation should be
vgilantly watched
have said. sir that this application has no relation 10
any oil those questions OF improvements but 10 the de-
fence OF The country 1t has indeed, been urged and with
perfect truth that the contemplated work would have
direct tendency to improve the value OF the public lands
IN The Lake Superior country amounting to not less than
2o0OO0O oil acres, containing OF the richest min
ea land in copper and iron 10 be found in the world by
opening communication between Lakes Superior and
Haron and thus avoiding the expensive interruption
which eves heavy upon the prosperity of that re-
gon Such work would operate railroads do TO and
through the public lands, and would facilitate their set
llement, and add greatly 10 their value; and in similar
manner would be advantageous TO the commerce OF the
country like the improvement OF harbor and river
! shall not enlarge upon these considerations at this
time, because dwelt upon them at length in my open
ing remarks upon this subject then endeavoed TO show
the present and prospective value OF that great region
wha, il is, and, still more, what il would be, and the
to the public land which is in fact almost all the land in
that country And since then the senator from Connect
cut Mr. SMITH has gone still more fully into all these
details, and has collected with care. and spread before
the Senate with ability great mass OF statistical in
formation, which leaves to others necessity of
peatng his work These considerations, commercial and
fiscal, are accesslons, and just oo 10 the principal
proposition OF the protective nature OF this work. which
should be the more readily made, not only because
frontier has stronger claims to defence, the weaker and
exposed it is, and the greater its products and
It's promises. but because prudent legislature should be
more willing to undertake such precautionary work. if
while it answered the great purpose of naval commune
uon II would promote the interests oil commerce in all
time 10 come and add to the national treasury far
greater than the required expenditure by the augmented
value and more rapid sale secured for the national do
main. II il will subserve at once the great purposes Of
peace and war, the appeal may be the more confidently
made for It's construction.
Without entering unnecessarily into any vexed ques-
ton is enough to say that that frontier needs and
its protection and that il is the right and duty OF Congress
to protect it; and that we have full constitutional power
10 do so.
understand from the senator from Connecticut Mr..
ToucEYl that he proposes to offer preamble TO the BILL
which shows the defensive and proper character OF this
proposition, and lis just claims upon the attention OF the
national legislature, and with his permssionl will read
il 10 the Senate.
Whereas the falls of the river St, Mary, which is the
outlet OF Lake Superior, and forms the only commnnca
ton between that lake and Lake Huron, interrupt the
navigation that vessels ascend descend the
land owned by the United States around the said
falls would greatly strengthen the deences OF the north
ted States pass from Of the id lakes the other
for the purpose OF offensive defensive warfare as the
crou instances require thus rendering the same mill
tay marine competent act the four akesSuperor
Huron Michigan, and Erie therefore, be itenacted, Sc
Now, the work the Senate is asked TO provide for is
urged defensive work for the weakest part OF the
northwestern frontier In this state of the matter there
are two questions for our consideration.
The first is, has Congress the right TO authorize such
work, under the circumstances of this case! And
the second is, whether this is truly and fairly work OF
defence 7
With respect to the first proposition choose TO con-
fine myself 10 the circumstances OF this edehat ls, oil
case where the United States the land through
which the proposed canal OF about three fourihs OF
mile in length, 10 pass the site being yet part OF the
public domain.
must be permitted 10 express my surprise that any
doubts could have arisen upon this subject The right TO
construct works OF defence is derived from The
king power which carries with ita general authority take
all proper justly incident 10 such state OF things
for the prosecution OF hosies by offensive defensive
operations In the practical exercise OF this power in
county, owing TO the duplicate nature OF our political
institutions question may arise as 10 the site OF work
and as TO civil jurisdiction overit II The United States
own the place. they may erect defensive work or any
other needfm building upon it, without asking the per
mission ot any Stale authority have, IN conversation
here IN the Senate, heard the power 10 construct fohca
tons derived from the 18th clause oi The Sh section OF
the LIST article OF the constitution, which provides thai
Congress may exercise exclusive legislation &c, "over
all places purchased by the consent OF the legislature Of
the Sate IN which the shall be for the erection OF
FORTS magazines. arsenas, dock-yards and other need
fu buildings"
Now, sir, this derivation Of the power in question
from this clause is owing think, to entire misap
prebension II has no reference to the question OF prop
erty, but OF jurisdiction. n the United States own a
piece of land, or purchase one, without application TO
erect any nedi buildings, or other constructions upon
it, necessary TO the execution OF their constitutional
powers. But il they desire to add the right OF ursdlc
ton to the right OF property, then application must be
made TO the legislature OF the proper State for It's consent
The clause, will be seen, on analyzng il, does not
confer the right 10 purchase but regulates the mode in
which jurisdiction may be obtained by conhnlng II 10
purchases made with the of the proper legsla
lure And fact, in the practical administration Of
the neui buildings OF the United States erected upon
land purchased with the pf the legislature
OF Stale. have made some inquryas TO the sites OF
the fohcatons, but the necessary materials for deier
mining how many Of these have been ceded TO the gem
era government not TO be found in the War Depart
ment The practice has heretofore been quite loose (;
though recently the proper precautions for cessions
have been observed There are, however, many OF the
forts lands acquired with the consent OF the proper
have not jurisdiction; and the is true and TO a
much greater extent, with respect 10 court houses, Gus
tom houses. post Offices, and minis not ONE oil which,
believe. is within The jurisdiction OF Congress
made application al the Treasury Department on the
subject OF light houses; for will be observed, Mr. Pres
dent, that these buildings all in the category
and that the constitutional provision applies equally
TO all OF Them. Foris mogaStncs, oranaf,, dock yards
and other netdfi buildings. Such are the words. The
answer to my inquiry was, that IRON 1922 to 1877 ces-
sions OF jurisdiction not required by law. Provis
ion for that purpose then made by legislation, since
when the assent OF the legislature of the proper State
has been obtained before the construction of the work.
and cessions OF sites previously built upon
have also been obtained but many yet remain the prop
erty only of the United States, jurisdiction still resting
the States for the want OF the assent Of the proper ess
laiure.
Now, sir, iu no aspect 10 which the under consd-
a.. L.. ~ 1.zs