The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-12-11

The OF The legislature OF The State in which The
land lies shall have been gwen 10 Tue purchase But 90
lar as am advised. this department has construed
this apply the sites OF structures Tor The improve
men OF hsrbos rivers deemed necessary put
chase land. either with OF wishou, The consent Of the
legislature OF the State, tor any snch purpose.
The legislation OF Congress and the past action OF this
department, both having necessarily received the approval
OF each Presden, under whose administration they oe-
cured did leave al liberty 10 regard It open
question whether not the act does properly include
within lis meaning such constructions made for The
protection and improvement OF barbors and rivers To
guard against the conflict OF jurisdiction, which may
equally oil the site oil pier. Jetlee, break
water, as upon that OF fort, dock-yard, or custom
house. and warned by recent experience OF the proba
bliy OF such occurrence. tits submitted whether future
appropriations, any shall he made Tor such consruc-
TONS should mol be subjected 10 the requirements OF the
act Of lS4l before referred 10, and the conduct or The
government thus be made 10 correspond with lis earlier
and conform strictly 10 the provisions Of lhr
sh section oi the Isl article OF The constitution rea-
ton 10 the purchase OF places Tor the erection OF ioIls
magazines asenals dock yards, and other needfu build
ings
The difficulties here referred 10 would be readily
avoided By adhelng TO the Practice OF Tue earlier peroa
OF the government 10 giving the consent OF Congress TO
the laying OF tonnage duties by the States Tor works
OF internal Improvement or by pursuing the policy
commended by President Monroe, and restricting The APP
popriaons 10 works to be commenced and executed
der State authority The barrier thus sought TO be inter
posed by President Monroe rested u distinction which
seems soon 10 have been forgotten or disregatded and
lS4o President Polk endeayored 10 restore the govern
menl lis original policy, proposing, as substitute for
appropriations iron the public treasury, that, By State
salon and with the consent oil Congress- tonnage du
ties should be lad tor purposes OF habor aud fver
proveInenI This mode, than which could be
equitable, none consistent with that principle OF
equal burdens and benefits every section. which per-
vaaes and chaIacterZes all It's
would certainly avoid that conflict OF jurisdiction TO
which attention has been invited and, IN all places hav
Ing considerable commerce subject 10 the imposition
Of tonnage duiies would be entirely adequate.
For the protection OF ships-ofwar and OF commerce,
from and The attacks Of hostile fleets, lake and
OF refuge are essential auancs 10 other
means OF national defence, and intimately connected
with the maintenance oil a navy. As such baI bors
would sometimes have little or commences and these
special duties and taxes could mol be made available for
their Improvement and protection, would be requisite
in 10 treat the constructions government
works, and 10 acquire The rgh! OF so and jurisdiction
over The site
The public right of use Of all the navigable waters of
the United States, belonging equally to all their citizens
and some OF The rivers OF our country washing many
Saies and consequently not subject 10 The jurisdiction
OF either these national highways bear peculiar relations,
SUCH TO the powers aud functions oil The general gov
ernmen its dependence upon them tor The transportation
ind s,ensabe Tor the defence Of The frontiers, and the
other vast interests which nvolved weknown
that il cannot be necessary TO enforce euedde them.
In considering these necessities and Interests. is
orcbly reminded OF the change which has occurred IN
the condition oil Our country since The date when The
Union was founded.
The population and no longer confined to
tide and the neghborhood OF the sea-coast, but
The explored wilderness has become the OF pepu-
lous States and OF commercial cities The application OF
navigation has borne the Tile OF commerce
for thousands OF miles beyond the lde OF the and
herein presented which the trainers OF The consl
tuition could not have Anticipated or specifically provided
for.
II the enjoyment of this public right, and the interest
and convenience Of the general government. shall be
deemed sufficient TO further operations Tor the
removal oil temporary and accidental distractions IN their
natural channels, additional appropriations will be
qu,red Tor The expenses OF the seau-ejges and sna
boats bat if the Congress shall decide discontinue
their employment Tor hs purpose, will be advisable
that directions should be gsen 10 dispose of The boats.
other which have been provided Tor their
before deterioration and decay shall have rendered them
valueless
Within few years past an unusual number of suits
have been brought against officers OF TINS depattmenI-
being tor damages for acts done by officers
the performance OF their duty, and others attack ing
the title OF The government 10 public property OF great
importance or involving rights OF less conse-
auenee Ii has been usual, when the department has
employed COUNSEL TO engage IN preferences the services OF
the District attorneys bat lie not their duty 10 attend TO
such suits, and II therefore necessary 10 make special
contracts with ihem the same # they were
not IN The public service, and To pay Their lees IRON the
contingent iund OF the department. II would, my
opnion bs tor the pubic Interest that The district atlor
nvys should be required by law take change OF all
suits involving The interests OF thus Department. and that
Their fees Tor such service, beng regulated by law,
should be audited and settled by the proper accounting
ofhcefs
The survey OF the lakes, as il progresses, continues
TO afford results OF practical usefulness
No appropriations Tor military aud geog raphical sur
veys west OF the Mississippi have been made for some
few years past but with tue remains OF former appTopr
atoms some explorations, promising results OF much
value, have been undertaken. IL is TO be hoped that
Congress will concur ~ the expedency OF continuing
these appropriations, which have Afforded the OF
obtaining that general information respecting the interior
OF tie Continent which is Necessary 10 The govern
ment, and OF such essential advantage to the population
now spreading itself over those letfIiotIes.
Contracts have been made for the continuation OF roads
in Minnesota agreeably 10 the provisions OF the act OF
January T. 1853, making appop iaons therefor An ac,
OF ibe date directs the construction OF Two military
roads in Oregon Each OF these placed in charge OF
a competent officer, with instructions (copies OF which
are annexed) locate and mark the line OF the road
speedily possible, and direct his operations
secure practicable wagon road Tor The benefit Of the fall
em ration and other travel The commencement Of one
OF these works was delayed by The officially with the
Rogue River Indians but contract was made for
derng the Other IRON Waa- Walla to Sleacon passa-
Bile by the 18th OF October last and IL is presumed It's
conditions have been fulfilled.
BY the 81 section OF the law approved March g. 1858,
report 10 Congress whether, IN his opinion, 1t would not
be economical, proper, and advisable TO all
the arms OF the United States TO be made by contract"
In complying with this requirement., shall exclude all
political considerations involved IN The question OF man
uscures by the general government, and, as suppose
intended, conhne The expression OF opinion 10 the
relations the subject bears TO he military service and 10
the relative merit OF the existing system, and that OF
tracing for The manufacture OF all arms. Viewing the
armones part OF The military preparations Tor the
common defence Ia deemed essential that they should
under the control OF The War Department., and ad
vansgeous. 1t not necessary that such establishments
should under The change oi competent and expe
rneed officers of the army, the end that uBilosm
iy may be obtained, and all the Improvements and ti
ciency secured winch professional Zeal and skill would
seek and produce. To ihis, The existing slate OF
the as standard. have referred TO The proposition