The Shasta courier., 1853-12-03
Gov. BigIer's Letter 10 Nr. Latham.

pONs 10
Governor Bigler has written letter to Mr..
Latham, and the other members of the Calitor-
mia delegation, in which he urges upon their at
iention. with great earnestness the right of this
State to certain claims against the General Gov
ernment. The letter is written with his accus-
toned ability and in that forcible, bold and per-
spicuous style that has characterized every docu-
ment emanating from the gnbernatorial chair
since its occupancy by the present incumbent.
And first, he called their attention to the fact
that Notwithstanding the parent government had
failed to extend "that protection guaran-
teed to us by the Constitution of the United
States Tin not defending citizens against the
aggressions of the hostile savages); that not
withstapding, when this enemy was preying
uron the property and destroying the lives of
our people in the years 1850 and 81, her officer
in command on this coast, for the want of ade-
quate means, failed to respond to the demands
of our chief executive by furnishing that protec-
ton to which we were consttutionally and of
right entitled, and thus forced our State Govern
ment into an expenditure of hundreds of thou
sands Of dollars to effect that which it was the
imperative duty of the Federal Government to
accomplish = that notwithstanding all these
derelictions on her part, she has up to this time
utterly neglected or refused to take single step
for the purpose of relieving our people from the
unjust and oppressive debt thus incurred-a
debt amounting we believe to some six or eight
hundred thousand dollars.
He next reminds them of the clear and un-
questionable right of our State to the unexpend-
ed balance of the Civil Fund, amounting to some
two hundred and fifty thousand dollars, This
fund.- it will be recolIected by those who read
the Governor special message upon this subject
last winter, was collected, without authority of
law, under the administration of Gen. Riley,
prior to the first election under the Constitu-
tion, and anterior to the extension of the United
States revenue laws over California. According
to every rule of justice these monies belong to
this State, but they still lie idly on deposit in the
Treasury Department at Washington, and until
some disposition is made of them by act of Con-
gress, they will there remain. The Senate last
winter refused to return this balance to us.
A plethorc National Treasury, however,
would at present seem to lend some plausibifity
to the hope that tardy Justice will be vouch-
safed to us the ensuing session, and these claims
allowed if properly presented to Congress.
He also argues the great necessity for the i'm
provement of the harbor of San Francisco. and
the Sacramento and San Joaquin rivers, to the
highest ports OF entry which within the in
fuence of the ebb and flood tides. He would
bava fba w +Lo
moved, and the channel of the San Joaquin for
n distance of twenty-five thirty miles, i'm
proved by the General Government To con-
summate these improvements, he thinks, wonld
require the expenditure of but few hundred
thousand dollars.
This may all be very true. The removal of
the instructions referred to in these rivers might
be effected by expenditure of few hundred
thousand dollars, but has Congress the Consti-
tutional power to make appropriation of this
81 few hundred thousand dollars for such pur-
pose7 Is she authorized by the Constitution to
make these improvements If So why is she
not also possessed of the power to make appro-
priations for the improving of these rivers above
the highest ports of entry! An appropriation of
" few hundred thousand dollars for the re-
moval of snags and other distractions to the
navigation of the Sacramento river, between
Tehama and Colusa, would benefit directly eve-
ry in this portion of the State. to the
amount of three or four cents per pound on eve-
ry article in any manner consumed by them.
The benefits resulting from this up-river i'm
provement, would be ten fold greater than those
consequent upon a removal of the "Hog's
Back" Why then restrict appropriations to
point so low down the rivcr' If the power ex-
lists for portion, it must of necessty exist for
the other. For ourselves we do not believe the
Constitution anywhere gives to Congress the
power to make any appropriations for the re-
moval of the distractions referred to. Mr. Polk
in his Internal Improvement Message of Dec.
l5, 1917, argues this question at length He
there holds
If the power to improve harbor be admitted
IT is not easy to perceive how the power to
deepen every inlet the ocean or the lakes
aud make harbors where there are none can be
henled. 1t the power to clear ont deepen the
cuannel OF rivers near their mouths be admitted
is not easy to perceive how the power to i'm
prove them 10 their fountain bead, and make
mem naviSable to their sources can be denied
"here snail the exercise of the power if il b,
assumed, stop3 Nav IL inprove rivers
deep enough already to float ships and steam
boats and has 1t no power TO improve those.