The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-18
It unless Congress make further appropriation for

them.
These views, however, were not held by the do
partment when most Of the wor & authorized by the
act of August, 1852, were planned; but the mode,
extent and cost OF the several improvements, seem TO
have been considered matter OF discretion, and
the plans adopted for their execution do not seem to
have been governed in regard to cost, by amount OF
the appropriation, but would require for their COM
pleton large additional grants, amounting, in some
cases. to almost ten fold the original appropriations.
In some cases corporations and associations Of citi
zens would come forward with offers OF voluntary
contributions in aid of the appropriations made by
Congress; but as il was not deemed competent for
this department to receive money from such sources
by way OF either loan or gift, regulation was adopt
ed under which States, cities, corporations, ndi
yiduals desiring to aid any work, are permi tied to
construct portions OF it, under the direction of the
officer in charge, who perintends their operations
and audits the accounts for work DONE for payment
by the contributing parties but does not receive the
money or assume any control whatever over It,
Such parties, moreover have been distinctly inform
ed that they were to have no claims whatever upon
the government; for reimbursement Of the eypendi-
lures thus made by them.
In the prosecution OF these works of internal i'm
provemebt, the department has encountered some Of
those difficulties which were to be expected from the
indefinite nature OF its powers in regard to them In
recent case the right OF the United States to pier
erected tor the improvement Of harbor was dispu-
ted by the riparian propretors. The pier which had
originally abutted their lands caused an accreton
which followed its extension far into the lake. and
these parties, who were entitled to the accretions,
claimed the pier also as attached thereto. The Uni
ted States having possessed no title the submerged
soil or other jurisdiction than that claimed by the
general government over navgable waters, the ques
tion involved the power to preserve the work. In
another case, The impr; vemeut OF the navigation oil
river entirely within the limits OF q State. and for
Rhlch an appropriation had been made by Congress,
was found to have been already undertaken by
company undsra State charter granted for tnat pur
pose. IL happened in both that circumstances
a. u IL n
The riparian prpprietOrs wanting the pier only for
wharf, were content to hold possession under the
government, waving the question OF title and the
navigation CO mpaDy were wiling that the appropri-
alton should be expended in furtherence OF the obec.
Tor which 1t was made, the plans OF operation fortu
nately concurring, so that satisfactory terms were
agreed upon " Is manifest, however, that cases
might readily occur, and prob ably will occur
where the interests of the opposing party cannot be
brought into harmony, and do not feel that the
government is acting prudently in expending large
sums upon objects which may be converted to indi-
vidual profit.
Referring to the earlier action Of the government
upon this subject we find in several statutes prior to
1923 the cesson OF jurisdiction OF particular works
of harbor improvement, and i; appears by the Ian.
euage Of the act OF May 1922 g. Statutes 69O) that
such cessions were understood TO be necessary in all
cases. but the requirement was thereafter dcontin
ued ard the practice Of obtaining cession Of urisdc
ton ceased also.
Subsequently, in view oe the danger of eviction
from public works, after the expenditure of large
sums OF public money upon them, joint resolution,
approved September IL, lS4l, required that no pub
lie money be expended upon any site or land there
after purchased for armores, arsenas, forts, fort
cations, navy yards, custom houses, lighthouses, or
other public buildings whatever, until the written
opinion of the Attorney General shall be had in favor
of the validity of the title, also the consent of the
Legislature Of the State in which the land lies shall
have been given to the purchase. But, so far as
am advised, this department has not construed this
act to apply to the sites of structure for the improve
ar IN
purchase land, either with without the consent Of
the Legislature of the State for any such purpose.
The legislation OF Congress, and the past action
of the department, both having received the appro.
val of each President under whose ad niDistraton
they occurred did not leave me at liberty to regard
it as an open question whether or not the act does
properly INCLUDE within its meaning such construc-
tlo2s as are made 70, the protection and improve.
mem of harbors and rivers. To guard against the
conflict Of jurisdiction which may equally arise on
the site OF pier, jettee or breakwater, a. upon
that OF fort, dock yard, or custom house, and
warned by recent experience OF the probabilities of
such occurrences it is submitted whether future ap
preparations If any shall be made for such construc-
tons, should not be subjected to the requirement of
the act Of lS4l before referred to- and the conduct
OF tie government thus be mace to correspond with
the earlier action and conform strictly t. the
provisions Of the eighth .ecton o. the article OF the
constitution relation to the purchase of places for
the erection Of forts maFazines ar.enals dockyards
and other needful buildings,
The difficulties here referred to would be readily
avoided by adheriDg 70 the practice of the earlier
period OF The government, in giving the consent of
Congress in the laying of tonnage duties by the
States for works of internal improve nent or by
pursuing the policy RECOMMENDED by President
MoDroe-resting on distinction which seems soon
to have beer forgotten Or osrea arc ed ali 10 1S4S
Presicent Polk underworld to restore the govern
merit to its original policy-pIoposing substitute
for appropriations from tte publ treasury that by
State legislation and with the consent Of Congress
tonnage outes should be laid for purposes of harbor
and river improvements This mode, than which
DoIe could be more equitable, none more consistent
with that principle OF equal burdens and benefits to
every section, which pervsdes the constitution and
chaIaoterzes all its provisions, would certainly avoid
that conflict OF jurisdiction to which attention has
been invited, and IN all places baviDg considerable
commerce subject to the imposition Of tonnage du.
ties, would be sntirely adequate.
For the protection Of ships Ct war and of com.
merce from sto ms, and the attacks of hostile fleets
lake and sea coast harbors Of refuge are essential
adjuncts to other me ans of national defence init
nately connected with tee maintenance of a navy
as snch harbors would sometimes have little or no
commerce, aud these special duties aud taxes could
not be made available for their improvement and
protection, it would be requisite in such cases to
teach the construction Of government works and to
acquire the right OF sol and jurisdiction the sites
The public right OF use of all the navgable waters
of the United States belonging equally t, all the
citizens aid some of the rivers Of country wash.
ing many States, aud consequently lot subject to
the uIiscict on Of either, these national highways
functions Of the general government its dependence
upon the N for the transportation indispensable for
the defence Of the frontier and the other vast in.
terests which are involved we'll kno vn that it
cannot be necessary to enforce or elucdate them.
In considering these necessities and interests one
is torsby reminded of the change which has occur.
red in The condition of country since the date
when the Union was founded.
The population and commerce is no longer confined
TO tide water and the reghbnrhood Of the sea coast
but the explored wilderness has become the seat OF
popuous States and commercial cities. The appl.
cation of steam to river navigation has borne the tide
OF commerce for thousands Of miles beyond the tide
Of the sea- and is herein presented which the
trainers of the constitution could not have anticipated
or especially provided for
If the enjoyment Of this public right and the in.
terest and convenience OF she general government
shall be deemed suffic Mt to warrant further opera
tons for the removal Of temporary and accidental
obstructions in their natural channels, additional
appropriations will be required for the expense o.
the steam dredses ard stag boats; but if the Con