Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1853-12-14


which may adapt it to the increased extent,
population and legal business of the United
States. In this relation the organization of the
courts is now confessedly inadequate to the
duties to be performed by them, in conse-
quence of which the States of Florida Wiscon-
sin, Iowa, Texas and California. and districts
Of other States, are in effect excluded from the
full benefits of the genera system, BY the func
tons of the circuit being devolved on the Dis.
trict Judge, in all these States or parts of
States. The spirit of the Constitution in re.
gard to justice requires that all the States
Of the Union should be placed on the same
footing in regard to the judicial tribunals. l
therefore commend to your consideration this
important subject, which in my Judgment de-
mands the speedy action of Congress. l will
present to you, if deemed desirable, plan
which am prepared to recommend for the
enlargement aud modification oil tie present
judicial system.
The act Of Congress establishing the Smith
sonian Institute, provided that the President
of the United States, and other persons therein
designated should constitute an establishment
by that name and that the members shall hold
stated and special meetings for the supervision
of the affairs of the Institution. The organ-
cation not having taken place, it seemed to
me proper that it should be done without de-
lay. This has been done. and an occasion was
thereby presented for inspecting the condition
of the Institution, and approaching its sue
cessful progress thus far, and its high promise
of great and general usefulness.
have omitted to ask your favorable consul.
tation for the estimates of work of local
character in twenty seven of the thirty States,
amounting to ST. ,754 800; because, indepen-
| IDENTIFY of the grounds which have SO often
been found against the application of the Fed
| eral Revenue for the works of this character,
inequality with consequen, injustice, is inherent
in the nature of the proposal, and because the
plan has proved entirely inadequate to the ac-
complishment of the objects sought.
The subject Of internal Improvements,
| claiming alike the interests and good will OF
all has nevertheless been the basis of much
political discussion 1t has stood deep
craven line between statesmen of eminent abil.
ity and patriotism.
The rule of strict construction of all pow.
ers delegated by the States to the General
Government has arrayed itself from time to
time against the rapid progress Of expendi.
a local character. Memorable as an epoch il
the history of this subject is the message Of
President Jackson of the 9th of May 1885
which met the system of internal ir--.nroye
ments in it's comparative infancy: t,ut SO rapid
had been its growth that the r...oiected appro.
pria'ions in that year for W orss Of this charac
yer had risen TO ine EARNING amount Of more
thah one huhared .n.iiions Of dollars. In that
message the .esident admitted the difficulty
.
menu 20 che construction set up in l79o- 1t
s'.culd be marked as an admonitory proof OF
the necessity of guarding that instrument with
s!eepess vigilance against the authority OF
precedents which had not the sanction OF its
, most plainly defined power.
Our government exists under a written com
pact between sovereign states uniting for spe
cIal objects and with special grants If then
in the progress of its administration there have
8 been departures from the terms and intent OF
T the compact, it is and ever will be proper to
refer back to the fixed standard which Oui
fathers left US and make a stern determination
to conform our action to it. 1t would seem
that the fact Of principle having been resis
+ ted at first by many of The wisest and most pa
triotc men of the republic, and the policy
f having provoked constant strife, without hay.
ing arrived at conclusions which ,can be reg ar
. ded as satisfactory to its mos: earnest ad
G vocates, should suggest the inquiry whether
r there may not be plan likely to be crowned
i, by any happier results! Without perceivine
any sound distinction or intending TO assert
any principle as apt to advance and needed
for tho protection of internal improvements
and commerce, which does not apply to i'm
t provements upon the seaboard for the protec
ton of foreign commerce, submit to YOU
whether it may not be safely anticipated thai
a if the policy were at once against the appropri
3 ations by the general government for local i'm
4 provemepts, and for the benefit Of commercial
, localities. requiring expenditures, it would not
e be made most clearly, legitimately and proper
ly to raise the funds necessary for such con
strucion as the safety of other interests of the
: commerce might req uire.
! If that can be regarded as system which in
the experience of more than thirty years has al
no time so commanded the pnblic judgment as
to give it the character of a settled policy
which though it has produced some works o.
: conceded importance, has been attended with
an expenditure quite disproport onate to thei
values, and has resulted in squandering large
sums upon objects which have answered ne
valuable purpose, the interests of all the
states require that it should be abandoned un.
less hopes may be INDUCED for the future which
find no warrant in the past.
, With an anxious desire for the completion
Of the works which are regarded by all good
citizens with sincere interest, l have deemed
it my duty 10 ask at your hands deliberate
reconsideration Of the question with a hope
for the substantial interests of the country your
wisdom may prove equal to the task Of DIES
igning and maturing plan, which if applied
, to this subject may promise something better
than constraint, The suspension of the power
! of local enterprise, the exciting of warm hopes
and the disappointment of cherished expecta
tions.
In expanding the appropriation made by the
last Congress, several cases have arisen in re.
lation to works for the Improvement Of Har.
bors, which involve the question as to the
right Of sale and jurisdiction, and have threat
ened conflict between the authority Of the
State and General Government.
J The right to construct a break alter, ietty
or dam, would seem necessarily to carry with
ii the power to protect in presence of such con.
structions. This can only be effectually done
by having jurisdiction over the soil; but nc
clause of the constitution is found on which
to rest the claim Of the United States to exer-
else jurisdiction over the soil, except that con.
tanned in the 9Th section of the lst Article OF
; the Constitution. 1t is then submitted whelh
er in all cases, where constructions are to be
erected by the General Government, the right
of soil should not first be obtained, and legis-
lative provisions be made to cover such cases.
For the progress made in the construction OF
roads within the Territories as provided for in
the appropriations Of the last Congress. ! refer
to your report of the Secretary Of War;
There is one subject Of a domestic nature
which from its intrinsic importance and the
many interesting ques ions of future policy it
involves, cannot fail to receive your early at
teution. allude to the means of communica.
ton by which different parts of the wide ex-
panse of our country are APT to be placed in
close connection for the purpose both OF
defence and commercial intercourse, and more
especially such as appertain to the communi-
cation of these great divisions of the Union
which lie on the opposite sides of the 70 ky
Mountains. That the Government has not
been unmindful OF this heretofore is apparent
from the aid it has afforded through appro-
pria'ons for mail facilities and other purposes
! But the general subjec. viii now present it.
self under an aspect more imposing and more
purely national by each of the surveys ordered
i by Congress, and now in tie process of COM
pletion for communication by railroad across