The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-12-08
THE NATIONAL ERA WASHINGTON, D. c. DECEMBER s. 1853

I
In this relation the organization OF the courts is
conessedly inadequate 10 the duties 10 be performed
by them in consequence Of which the States Of Flor
ida. Wisconsin, Iowa. Texas, and California, and dis
ricts Of other States in effect excluded from the
full benefits oltho general system by the functions Of
the circuit court being deyoivcd the district judges
/ in all those States parts Of States.
The spirit Of the Constitution and a due regard 10
justice require that all the States Of the Union should
be placed on the footing in regard to the judi
! cial Tribunals. therefore commend 10 your consid-
GRAFTON this important subject which. in my judg
ment, demands the speedy action Of Congress | will
present to you, il deemed desirable plan which
am prepared to recommend for the enlargement and
modification of the present judicial system.
The act Of Congress establishing the Smithsonian
institution provided that the President OF the United
States and other persons therein designated should
| constitute establishment by that name and
that the members should hold stated and special
meetings for the supervision of the affairs Of the In
stltution The organization not having taken place,
IL seemed to me proper that II should be effected
without delay This has been done; and an occasion
was thereby presented for inspecting the condition Of
the Institution, and approaching its successful prog
ress thus far, and its high promise of great and gen
| cral usefulness.
have omitted to ask your favorable consideration
for tho estimates of works of local character in
twenty seven of the thirty States amounting to
one million seven hundred and fifty four thousand
five hundred dollars, because, independently Of the
grounds which have SO often been urged against the
OF the FEDERAL revenue Tor WORKS OF TINS
character inequality with consequent injustice is in
hcrent in the nature Of the proposition, and because
the plan has proved entirely inadequate to the ac-
compishment of the objects sought
The subec of internal improvements, claiming
alike the interest and good will of all has neverhe-
less, been the basis of much political discussion and
has stood a deep craven line of division between
statesmen of eminent ability and patriotism. The
rule of strict construction of all powers delegated by
! the States to the General Government has arrayed
| i'm Ia inn INST hr nid
of expenditures from the atonal Treasury works
Of local char actcr within the States Memorable as
an epo:h in the history of this the message
of President Jackson of the 9th of May 1880 which
met tho subject of internal improvements in its
parative infancy; hut so rapid had been its growth
that the projected appropriations in that year for
works of this character had risen 10 the alarming
amount OF more than one hundred millions of dol.
lars.
In that message the President admitted the diff
Guilty OF bringing back the operations of the Govern.
mcn 10 the construction of the Constitution set up
in l19s and marked il an admonitory proof of the
necessity of guarding that instrument with sleeplcss
vigilance against the authority of precedents which
had not the sanction of it, most plainly defined
powers.
Our Government exists under a written compact
between sovereign States uniting for specific objects
and with specific grants to their general agent IT,
then in the progress of its administration there have
been departures from the terms and intent of the
compact it is, and will ever be- proper to refer back
to the fixed standard which fathers left and to
make a stern effort to conform our action to il. 1t
would seem that the fact of a principle having been
resisted from the first by many of the wsos and most
patriotic men of the Republic, and policy having
provoked constant strife, without arriving at con
clusion which can be regarded satisfactory to its
most earnest advocates, should suggest the inquiry
whether there may not he plan likely to be crown
ed by happier results Without perceving any sound
distinction or intending to assert any principle OPP
posed to improvements needed for the protection of
internal commerce, which does not equally apply TO
improvements upon the seaboard for the protection
OF foreign commerce, submit to YOU whether il may
not be safely anticipated that If the policy were once
settled against appropriations by the General Gov
eminent for local Improvements for the benefit OF
commerce, localities requiring expenditures would
not, by modes and means clearly legitimate and
proper raise the fund necessary for such constructions
as tho safety or other interests of their commerce
might require.
If that can be regarded as a system, which in the
experience of more than thirty years has at time
commanded the public Judgment as to give it the
character of n settled policy-which though it has
produced some works of conceded importance, has
been attended with an expenditure quite dispropOr
tomato to their value-and has resulted in squander
ing large upon Obi ects which have answered no
valuable purposo-the interests of all the States
quire it to be abandoned unless hopes may he ndulg-
cd for the future, which find warrant in the past
With an anxious desire for the completion of the
works which regarded by all good citizens with
sincere interest have deemed IL my duty 10 ask Mt
your hands deliberate reconsideration OF the ques
ton, with the hope that animated by desire to pro-
mote the permanent alf substantial interests of the
country your wisdom MY prove equal to tho task Of
dcvising and maturing plan, which, applied to this
subject, may promise something better than constant
strife the suspension of the powers of local enterprise
the exciting of vain hopes and the disappointment
of cherished expectations.
In expanding the appropriations made by the last
Congress. several eases have arisen in relation to
works for the improvement of harbos, which involve
question to the right of soil and jurisdiction, and
have threatened conflict between the authority of the
. State and General Governments. The right to con
o struct breakwa,er, jetty, or dam, would seem
cessarly to carry with it the power to protect and
preserve such constructions This only be effect
ually done by having jurisdiction over the soil Blu
no clause of the Constitution is found which
rest the claim of the United States to exercise urs
dction over the soil of state except that conferre,
by tho eighth section of the first article of the Con
stitution II is hcn submitted whether in all ease,
where constructions to be erected by the Genera
Government the right of soil should not first be oh
tanned and legislative provision be made to all
such cases
For the progress made in the construction of ronds
within the Territories provided for in the apprOpr
atoms of the last Congress refer you to the report
y Of the Secretary Of War.
\ There is one subject of n domestic nature, which
from its intrinsic Importance, and tho many inter
1 ostng questions Of future policy which it involves
Q cannot fail to receive your early attention. alude
to the means Of communication by which different
parts Of the wide expanso Of country 10 be
placed in closer connection for purposes both obedience
and commercial intercourse and moro especially such
as appeftain to the communication Of those great di.
visions of the Union which lie on the opposite sides
Of the Rocky Mountains.
, That the Government has not been unmindful Of
this heretofore is apparent from the aid II has afford
ed through appropriations for mail facilities and other
purposes But the general subject will now present
itself under aspects imposing and moro purely
National, by reason Of the surveys ordered by Con
gress and In the process OF completion, for com
muncation by railway across the continent, and
wholly within the limits Of the United States.
The power 10 declare war to raise and support
armies 10 provide and maintain navy, and to call
forth the militia to execute the laws suppress nsur
recons and rcpc nvasions was conferred upon Con-
gress, ms means to provide for the common defence,
and to protect territory and population now wide
|, spread and vastly multiplied As incidental to and
indispensable for the exercise Of this power il must
sometimes be necessary 10 construct military roads
and protect harbors Of refuge. To appropriations by
Congress for such objects, sound objection can be
rasod Happily for our country its peaceful policy
and rapidly increasing population impose upon us no
urgent necessity for preparation, and leave but few
trackes deserts between assaablc points and patrl.
otto people, ever ready and generally able to protect
them These necessary links the enterprise and encr-
Ky Of our people steadily and boldly struggling to
supply. All experience affrms that wherever private
enterprise will avail it is most wise for the General
Government TO loave TO that and individual watchful
ness the location and execution of all means OF com
munication.
The surveys before alluded TO were designed to as
certain the most practicable and economical route for
railroad from the river Mississippi 10 the Paciic
ocean. Parties arc now In the field making explOra
tons, where previous examinations had not supplied
sufficient data and where there the best reason to
hope the object sought might be found. The means
and time being both limited it is not to be expected
that ell the accurate knowledge desired will be obtain
ed but II is hoped that much and important informa
ton will be added to the stock previously possessed
and that partial If not full reports Of tho surveys or
dered will he received in time for transmission TO the
two Houses Of Congress. on or before the first Mon
day in February next ms required by the act OF APP
preparation. The magnitude Of the enterprise con
tempated has aroused and will doubtless continue to
excite very general interest throughout tho coun-
try In it's political its commercial and its military