Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-12-24


Congress for the defence of the harbor of San Francisco
but the minute examinations requisite before the
mencement of the works, and the inquiries to be mad
as to the places Of supply and the Of procuring
materials have limited operations to the preliminary pre-
parations for construction, such erecting the requisite
accommodation for workmen, levelling sites and making
the detailed surveys for the Notifications.
The Secretary then relates what has been done by tn
Department in execution OF the law of last Congress
making appropriation of $150O00 to ascertain the
most practicable and economical for railroad
the Mississippi river to the Pacific oceanthe results
be laid before Congress by the first Monday in February
next. The time allowed and the money appropriated i
feared win prove insufficient for the complete solution
ofths important problem extent of country was
to be accurately surveyed and lines thousands
of miles in extent to be examined 1t is hardly to be
hoped therefore, that such data be collected as will
satisfactorily the question proposed though it
confidently believed that much information win be added
to the stock previously enough
ternine the practcabity of the proposed enterprise
The Secretary presents general sketch Of the country
to be explored in order to convey idea Of the
nitude of the examination required He then alludes
length to the results Of surveys previously made
well to the operations Of the general surveying parties
in the field 1t has been ascerained that Walker
Pass which considered fxed point in the route is
mpracticabe for railway. Beyond this the information
which has been received is too limited and imperfect
justify opinion the question proposed by the of
Congress The Secretary does not deem proper, in
this communication, to offer his views the by
which the General Government may constitutionay aid
in the attainment of the contemplated object.
The Importance Of this road is argued the grounds
that naygabe streams in the Western country
and great expense is incurred in the transportation of
supplies and in ensurng the services of troops stationed
there protection against the Indians The inconye
nences arising from the of wagons drawn by horses
mules, given fully. The Secretary states
briefly the beneficial results which would arise from an
introduction of the dromedary into the military service
which he argues from the arising from their
poymen in the Eastern countries He also touches upon
the Importance of appropriation being made for the
fort the junction of the rivers ella and California
The works Of harbor and river improvement have made
satisfactory progress during the past season. for the par
culsrs of which the Secretary refers to the reports of
the chiefs of the two corps of engineers having direction
of these works We copy what is further said this
subject by the Secretary:
The appropriations for these works having been made
in August 1852 the arrangements for executing large
majority of them had been made before entered upon
the duties of this Department In determining upon the
few plans that have been submitted to me- my view has
been that such only should be adopted could be
cuted with the existing appropriations The general pro-
vision in regard to these works is simple direction to
apply certain sum to specified object without any in
maon OF an intention on the part of Congress to make
further appropriations and deemed it to be improper
expend those appropriations in commencing works
scale which the Department has to complete,
and which must in good measure be lost unless Con-
gres5 make further appropriations for them. These
views, however, not held by the Department when
most of the works authorized by the Of August 1852
planned but the mode extent, and of the
eral improvements to have been considered
tiers of discretion and the plans adopted for her
tion de not seem to have been governed in regard to
costs, by amounts of the appropriations, but would
qulre for their completion large additional grants
amounting in to almost ten-fold the original
appropriations In some corporations and associa
tons of citizens have forward with offers of younta
ry contributions in aid Of the appropriations made by
Congress; but as it not deemed competent for this
Department to receive money from such sources either
by way of loan or gift regulation adopted under
which States Cities corporations, or individuals de-
string to aid any work permitted por-
tons Of it under the direction of the officer in charge
who superintends their operations and audits the
counts for work done for payment by the contributing
parties but does not receive the money, any
control whatever over it. Such parties moreover have
been distinctly informed that they have claim
whatever upon the Government for reimbursement Of the
expenditure thus made by them.
In the prosecution of these works of internal improve
mept the Department has encountered of those diff
hcuties which to be expected from the indefinite
nature of its powers in regard them In
the right Of the United States pier erected for the
Improvement Of harbor was disputed by the riparian
proprietors. The pier which had originally abutted
their lands, caused accreton which followed its
tension far into the lake. and these parties who
titled to the accreton claimed the pier ALSO attached
thereto The United States having possessed title to
the submerged SOIL other jurisdiction than that claim
ed by the General Government navgable waters the
question involved the power to preserve the work In
another case the improvement of the navigation Of n
river entirely within the limits Of State, and for which
appropriation had been made by Congress- found
already to have been undertaken by o company under
state charter granted for that purpose II happened in
both that circumstances existed which rendered
accommodation easy the riparian proprietors wanting
the pier only for wharf, content to hold posses
sion under the Government waving the question of title
and the navigation company willing that the appro
praton should be expended in furherance Of the object
for which it made the plans of operation fortunate
y concurrng SO that satisfactory terms were agreed
upon. tits manifest, however, that might readily
occur, and probably will occur where the interests of
opposing parties cannot be brought into harmony, and
do not feel that the Government is acting prudenty in
expanding large upon objects which may be con-
verted to individual profit.
Referring to the earlier action of the Government upon
this subject nd in several statutes prior to 1929
the cesson of jurisdiction made condition precedent to
the construction Of particular works of harbor improve
ment and appears by the language Of the act Of May
Z, 1922 % Statutes, 699,) that such cessons
derstood to be necessary in all But the require
men was thereafter discontinued and the practice Of OBJ
tanning cession of jurisdiction ceased also
Subsequently, in view of the danger Of eviction from
public works after the expenditure Of large Of pub
lie money upon them, joint resolution approved Sep
TENDER ii, 1884, required that public money be
pended upon any site land thereafter purchased for
armorie arsenas forts, Notifications, navy yards, GUS
tom-houses lighthouses or other public buildings what
until the written opinion Of the Attorney General
shall be had in favor Of the validity Of the title and also
the consent CT 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