The Shasta courier. [volume] (Shasta, Calif.) 1852-1872, 1853-04-09

to citizen the title to the shores and the soils
under the navigable waters, would be placing
in their hands weapon which might be WELD
ed greatly to the injury OF State sovereignty,
and deprive the States OF the power to exercise
numerous and important class OF police pow
ers. But, in the hands of the States, this power
can never be used so as to affect the exercise of
any material right of eminent domain or juris-
diction with which the United States has been
invested by the Constitution"
The Court declare, that by the preceding
course of reasoning, we have arrived at these
conclusions: First-The shores of navigable
waters aud the soils under them, were not grant
ed by the Constitution of the United States, but
were reserved to the States respectively. Sec
ondly-The new States have the same rights,
sovereignty, and jurisdiction over the subject,
as the original States. Thirdly-The right OF the
United States to the public lands, and the power
of Congress to make all needful rules and regu-
lations for the sale and disposition Thereof con-
ferred no power over the shores of navigable
waters, and the soils under them" See How
ard 90.
At the January term, 1850, the Supreme Court
of the United States re-affirmed the above case
and the opinion of the Court was delivered by
Chief Justice fancy.
These decisions, as well as many others which
might be cited, to say nothing of the universal
tablsh the right of the State of California to dis
pose of the shores of all navigaple waters and
the soils under Them" within her limits; and
that the State alone has the dominion and con-
troll of this property.
In regard to the opinion that an extension of
the city front of San francisco would seriously
injure that harbor, the Message says:
To demonstrate the error of this opinion, it is
only necessary, it is believed, to direct your at
Itention to the existing state of things at that
point
1t is a well known fact that. at this time, full
one half OF the more valuable vessels in the har-
Dor of San Francisco are anchored out in the bay
more than half mile from the end of Long
Wharf These vessels. it is understood, have
suffered no injury, though constantly exposed to
all the dangers which can possibly exist, even
if the water front was extended double the dis
lance contemplated. The owners Of these ves-
sells, to say nothing of the duties enjoined on the
Harbor Master, it is fair to presume, are pru-
dent as well as experienced men, who would
not permit their ships, laden with immensely
valuable cargoes, to be moored in dangerous
position.
To assume that the water front of the CITY of
San Francisco will not be extended, is to pre-
sumo that the immense commerce, now rapidly
concentrating at that point, can be transacted
Within It's present comparatively contracted
limits or that its operation will recede from, in
stead of epcroach upon the water. The con-
structon Of the contemplated railroad from the
Pacific to the Atlantic Ocean, will undoubtedly
concentrate at San Francisco an amount of COM
mercial business, which will require for its safe,
convenient and cheap transaction, more than
five times the area at present occupied. The
correctness OF this opinion, it is assumed, will
not be questioned by those who have given the
subject proper consideration.