The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1853-12-14


.ssnni u shs judicial tribunals. 1 therefore
a,oomm end 10 your consideration this important
y subIocl. which in my judgment, demands me
2 speedy eciioh Of G ngrosa.
Twill present 20 you, II deemed desisahles a
) Plaza which / am prepared TO recommend Tor the
: enlargement and modiaeatien Of the present Ju-
dieial nyslom. The act Of congress establishing
: the Smithsonian Institution provided that the
= pra.ident Of tho United States and other pcrsonsr
herein dpslgaatcd should constitute an e.tab-
liahment b. that name, and that the members
1hoaId hold stated and special NEE hngs lot the
.anorrision of the ailairs Of the Inslituuen. me
. faaniaation not having inkon place, u seemed
. 70 me proper that il should be elected without
: delay. This has been done aad an occasion wa.
thereby presented for Inspecting The condiuon 2,
he instintipn aud ascortaining, is 'saccessiuh
progress thus far, and.its high promise OF great
and General useiol nesssI hayeaomitted 10 ask
Z yohr favorable consideration for tue estimates
! Or worta OF adoculc h~aracter IN twenly-seyen o.
the fhiriY,ono Smtes, amounting to one miinon
seven hundied and fft yfour thousand hye nun
drod doflafs, because, Independently OF inc
arounds which have so ofen been urged against
, tho application Of tho federal reye nue. ior WORKS
'. OF this character, inequality WIN cousequen. ln-
' iusice IL inherentin the aaiure ofthe proposition,
=. and because the PLAZA has proved entirely made
quaise testhe accomplishment. OF the opJecla
sought.
.Gfhs subject Of Internal improvements claim
, ing alike tue interest and good viii OF all, mas
. nevertheless been the basis of much pollucai as
: cussion, and has stood as a deep craven me o'
division. between statesmen OF emlnent aonty
sand patriotism. The rule Of strict con 'rucnons
/ of all powers delegated by the States to the gen
eral government, has arranged itselrirom time 70
time against the rapid progress OF expenditures
from abe national treasury on works OIL 'ocai
character, within the States. Memorable as an
. sp0ob in the parties Of this subject Is the message
= of President Jackson OF The 9Th oftMay, iSJO,
Ssmhichsmet the spiritnf Internal III provements 10
. IT, comparative infancy but so rapid hadt cen us
= growth, that the projected appropriations IN tnat
y year for works OF this character, has risen 10 inc
alarming amount of more than one hundred nil
; lions of dollars. In that messaget the President
= admitted the difficulty Of bringing back the aP-
preparations Of the government to the consecr%
), ton Of the Constitution set up IN Iido, anu
: marked il as on administrative proof OF the neces-
:. sity Of guarding that instrument with s'eepIcss
sayigiignee against the authority OF Preccdcnts
' which had'Notsthe sanction OF most plainly oe-
fined overs Our; government exists, unucr a
= written contract between sovereign states, unit
ng,fogspeeifc objects and with, spetiiio grants TO
: theirsEeneral agent. II then in tho progress OF
llits admihistEabon there have been departures
from the terms and intent Of the compact, It u.s.
and will ever beg proper, to refer back TO the
. fixed standard which our tslhers 'leit' US, and TO
make a strong effort to conform ouraction TO H.
Sit would seem that the fact Of Il principle, having
, been resisted from the first, by many OF the WIS
,.nol;cy havin, nrovoked constant s,rlf, without ar
yiviny.a, 4 conclu.ion which can be regarded as
,a,i.isctorv ~, IL mos, earnest admirers, should
,.r.oas, ~ ;,o,;,v ,vhe,he, f,ere NAV not be a
rls1w.ra III aIv NJ he c,owned Inv HAMMER results
wi,hor, nsraeivfinc any sound destination or cyi.
sdencr,ap assert nny principIe ms opposed to i'm.
n,oysmsn,s needed ir he. nroIeetiou of in.
,ltsr, al commerce which does moi equally apply 70
;wnroyemau,sn non The seoboard far die nro,ectior
ID F,,e;rn commerce., I .ul mil 10 yeu whether
,,it.nny M, he safely anticipated thstIf the polio,
vere onre-settled against appropriations by III,
cenerai Covernment Tor Local improvements. fol
tho benefit q fcomme,ce. Localities recurring
srnenditures would moi bvmo Ies and means cleni
tv iegitimate and proper. raisc the funds uecessar,
lar svch construction ns the safely or either inter
se.,ao Of THAR oommerce NAV roou re. If that can
Iberee.rded as a system wbicb.in the experience,
.ofmoreshan thirty wears has al no time 50 com.
manded the public iadrment as TO piyeit the char
ssctor az a settled 1oIiey which. though II has pro
%1uced some. works of conceded inheritance hal
been attended .wah an expenJiture ouite disnro
nortiouat 10 their value. and has resulted il
souanderinp large sumrnnes al irc,, which have
answered no valuable poroose' The interest,
..of all States require il 10 be abaedoned. miles,
homes NAV be INDUCED for the future which find
no warrant in the past.
With an Aazians das;eo esr the completion o
thossosks which are regarded by all good cit ZEN
with siOcee interest, | have deemed il my duty
to ask at your hands a deliberate reconsidcra
ton Of the. question with a hope that amin ted b,
radesire to promote the permanent and snbstan,
ttial interests Of the country. your wisdom may
Nprove equal to the task Of devising and maturing
a plan which is applied to thissubject may prom.
tise-something better than constant STRIFE. the
ssuspansian 'oi the powers Of local enterprise,
the excihng'of vain hopes, and the disappoiut
Iment OF cherished expectations.
In cEpending appropriations made by the last
Congress, several cases have arisen in relation
ITO works for the improvements of HlrbOrS, which
Involves qestions as to the light of local aud
jurisdiction, and have threatened conflict be.
tween the authority Of the local and general
Governments.
.Tho right to construct a ~breakwater, jetty, OF
dam would seem necessary TO carry with IT tho
tPower topfotcct and preserve such constuc-
tions. This can only be efectuhlly dune by
shaving jurisdiction over the soil. BIT no clause
fof the constitution is found on which TO rest the
.claim OF the United States TO exercise jurisdic
ton over the soil Of a State, except that con.
ierrod by the eighth section Of the first article
rof the constitution. II is then' Submitted whctller
tin al cases where constructions are to be erect.
cd ny Tue General Government The right OF soil
should not be hfst obtained and Legislative pro
vision be made to cover all such cases. For the
progress made m the construction Of roads with.
ia the appropriations ofthe last Congress.
refer you to the report oEthe Secretary N War.
h;an f. ~ uoneauc hatu''
Mmn o" y '".snse |Po.tanee anu inc man.
ilntotcstthB Iucsu"ho " lutuTc polcJ winch I
r1 ,H..h"' 'Ih " Iene,'e Sou' cary Aueh
y 49, : 'no mems u commnpIeauo'
~ ""e" eio pHs " ~ Woe eAPanse 0
our cohutfy are 70 DC pla eu ~ clio or connec