The miners' express. (Dubuque, Iowa) 1849-1854, 1853-12-14

sought was from the great Falls of the Potomac
and consequently gave it my approval. For the c
present condition If this important work and la
for its demand so tar appropriations are con
cerned, refer you to the report OF the sec
! rotary of War.
/ The present judicial system of the United
Safes has now been III operation for so long
| period of ,nc, and his in il. grner, theory and
much of lis details, become familiar to the
| onuntry, and acquired 50 entirely the public con-
fdencr, that if modified in any respect it should
+, only BE- in these particulars which may adapt 1t
to the increased extent. population and legal bu-
sincss Of the United States. In this relation
the organ cation of the courts is now confessed
~ inadequate to the duties to be performed by
them, in consequence of which the St,tcs OF
/ Florida Wisconsin, Iowa, Texas and California,
4 and districts of other Statps are in effect
+ excluded from the full benefits OF the /
! general system, by the functions of the
Circuit C,.uIt b, ing deyolv the Dis |
trrct Judge III Ill these States pr III States !
The spirit OF the CONSTITUTE III in regard t. JUS /
CO requires that all The States of the Union !
should he placed Oh the same footing in regard (
to the judicial tribunals. | therefore commend (;
TO your consideration this importrnt subject,
which in my judgement demands the speedy /
|, action of Congress. will present 10 you, it /
deemed desirable, plan which prepared
10 recommend for the enar cement and modlii-
cation of the present Judicial system.
| i he act OF Congress establishing tHe Siniin-
sonian Institution, provides that the President If
0 the u. S, and other persons herein designated,
should cons; ilute establishment by that name,
5 and that the members shall hold stated and spe
!, cia meetings for tn supervision of the affairs
of the Institute The organization not having
t,ken place, it seemed To me pr that 1t should
!, BE- done without delay.
e This has been done and an occasion was there
:. by presented for Inspecting the condition of thu
: Institute and appr cilting lis successful pro.
/. erosion thus far. and is hi h promise OF great
~ and general useiun s. have omitted to ask
;. your favorable cons deraion for estimates Of
work Of local character in 81 Of the 80 States
(, am uniting to $l,7oi 800, because independent
% # the grounds which have so ofen been found
i. ngansi the Application o. the Federal revenue
for works of this character, qursti, ms of
IN consequent injustice WHEN the niture of the
.. propos II, and because the plan has proved en-
s. tirely inadequate to the accomplishment of the
a object sought The subject of internal im-
to provenlents claiming alike the inteaest and good
H. will Of all never helesS has been the basis OF
n. much political discussion. Il st ,od deep
~ dividing line between statesman Of eminent abil-
nit ity aud patriotism ! he rule of strict construct
lie ION of all powers deleg ated by the States to the
n General Government, has arrayed itself from
er inc t., time against the rapid progress Of ex
II pendure, from the Matt nal Treasury in work.
m of local character within the States Memora
H.
on of President Jackson, of May q, 1880, which
I'll IN It the system Of internal improvements in it
he comparative infancy, but SO rapid had been it
o. growth, that tn. projected appropriations il
that year for woaks Of this character had arts
'c- en- To the Alarming amount of more than on
SO hundred millions Of dollars.
he In That message the President admitted tn
), difficulty Of brMkjng back the operations Of tn
led government to the construction set u
he in 1898. 1t should be marked as an ad
mpntory proof Of the necessity of guarding
al that instrument with sleepess vigilance agains
lly the authority of precedents which had not tn
-ai Sanction of its most plainly defined powers
he Our government exists under written compac
all between Sovereign States, uniting for spc cific
objects and with special grants. If then in ,h
ter progress of its administration, there have bee
by departures fsom the terms or intent of this com
ST. pact, it is and ever will be proper TO refer bac
ate to the fixed standard which fathers left u.
ids and make stern determination 10 conform on
to action to IT.
.cs |. would seem that the fact Of principl
IN having been resisted from the first by many O
~ the wisest and most patriotic men of the Reput
nee lie, and the policy having provoked constaI
the strife without haying arrived at a conclusio
ON which can be regarded as satisfactory to its ca
the nest advocates should suggest the enquiry wht
in ther there may not be plan likely to be atent
m ed by any happier results. Without porceivin
m
&c any principles apt to advance, and needed f
ect the protection OF Internal Improve ments al
us- C ,mmcrce which do not apply to improvement
is on the scaboard, for the projection of forei
commerce., | submit to you whether it may IL
5 Of be s,tely anticipated that if the policy wei
TO-. at once against appropriations by the geneI
the government, and fer the benefit of cotnmerci
pri localities requiring expenditure, would not
ted mad and most clearly, legiimateiy ana Pr"pe
3bo ly to raise the fund necessary for such consrut
res ton as the safety OF other interests of the
153 commerce might require. II that can be re
is gardrd a sys EN- which i'll the experience
- more than thirty years, has at no time SO com
the. manled the public jud gment to give it tn
asc character OF a selilcdpocy which tho 1t Ia
ar produced some wo.ksof considerable importanc
In, has been attended with expenditure dispr
an portionate to their value, and has resulted
,ira sqnandering large sums upon ob]ecS wEc
rh. have answered no valuable purpose, the inte.e
The oi all 'he states require mat IL shpun 3 "os'
nj donrd, unless hopes may be i.duiged for til
the future which find no warrant in the past.
With an anxious desire for the comp leti,n
nod the works which are regarded by all good Cit
I'm. xens with sincere interest, have deemed it II,
nj duty TO ask at your hands Iberate reconsit
of Grafton Of the question with hope that for til
ar substantial interest of the country, your wis
pen com may prove equal to the task of designin
The and maturing plan which if applied to th
81, subject may promise something better tina
-ch suspension of the power of local enter
10 \ prise, the exciting IF warm hopes and the disaI
pontment of expectations.
:, In expending the appropriations made by III
' last Congress, several cases have arisen III re
u" laon to works for improvement OF harbors
n which involve the question as to the right q
sale and jurisdiction, and have threatened con
y" ii,ct between the authority Of the State an
Ia General Government The right TO construc
akpx vntp i.trv do
IA. as sally to carry with it the power TO protec
.he presence of such constructions. This can on
%, y be ettectually done by having jurisdiction
over the soil, hut no clause of the Consttutio
VS. is fonnd on whcq 10 rest the claim of the U
tx To exercise jurisdiction the soil of stat
les except that contained in the eighth section Q
as the first article of the Constitution 1t is the
US submitted whether in all cases where construc
TO tons a-e to be erected by the General Govern
nd ment, the right of soil should nat first be oh
he tanned and the legislative provision be made t
mp cover such cases.
on For the progress made with construction O
the roads within the territories, provided for II
ing the appropriations of the last Congress, | re
re- fer you To the report of the Secretary Of War
10 There is one subject ola domestic nature
'e' which from its intrinsic importance and tn
g many interesting questions of future polio
Lhe which it involves, cannot fail to receive you
'us early attention. | alude TO the means of com
md municaion of which different parts OF the W idt
me expanse by our country are TO be placed IN clos
To connection for purpose boll of defense and
nd commercial intercourse, and more especially
n such as appertan to the communication Of thos
ne great divisions of The Union which lie thu
en- opposite side of the Rocky Mountains. Tha
OF the government has not been unmindtul of thi
ev- heretofore is apparent from the aid it has afor
lie ded through appropriations for mail facilities an
To- other purposes Bat the general subject will nov
CT present tse If under aspect more inIposin.
me and more purely national, by each of the sur
IDS veys ordered by Congress and now in the,proces
De of completion for communication by railwa,
ir' across the Continent, contained within the lin
&C. its Of the United States The power to ,ciar'
of war TO raise and support an army. and MAINTAIN
SITS n Nayy and 10 call forth the Militia To execut,
eh the laws, suppress Instructions and repel inva
OF sions, was conferred upon Congress, IS means