Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-01-15
Letter of Judge Douglas to the Governor
OF Illinois.
WASHINGTON. january 2, 1851.

SIR. learn from tie public press that you have
under consideration the proposition TO convene
the legislature in special session. In the event
such step shall be demanded by the public voice
and necessities, desire TO invite your attention
10 subject of great interest 10 our people, which
may require Legislative action. | refer TO the es.
adjustment OF some efficient and permanent sys-
TEN for river and harbor improvements. Those
portions OF the Union most deeply interested in in.
ternal navigation naturally feel that their interests
have been neglected, if not paralized by uncer-
tain. vascillating, and partial policy. Those who
reside upon the banks OF the Mississippi or the
shores Of the grea northern lakes, and whose lives
and properly are frequently exposed to the mercy
OF the elements for want OF harbors of refuge and
means OF safety, have never been able to compre-
bend the force of that distinction between fresh
and salt water, which afIrms the power and duty
OF Congress, under the Constitution, to provide
security TO navigation so far the tide Gibbs and
flows, and denies the existence of the right beyond
the tidal mark. Our lawyers may have read in
English books that the common law, all waters
Were deemed navigable so far as the tide extended
and no further; but they should also have learned
IRON the same authority, that the law was founded
upon reason, aud where the reason failed the rule
ceased TO exist In England, where they have
neither lake nor river, nor other water which is.
IN TACT, navigabe, except where the tide rolls its
briney wave, II was natural that the law should
conform 10 that fact and establish that as rule
which the experience of all men proved 10 be
founded in truth and reason.
But II may well be questioned whether, if the
common law had originated on the shores of Lake
Mlchigan--a vast inland with an average
depth of six hundred tcet-it would have been
deemed mot navgable," merely because the tide
did not flow, and the water was fresh and well
adapted TO the uses and necessities of man. We
therefore feel authorized TO repudiate. as unrea-
sonable and unjust, all injuries, Determinations,
predicted upon salt water aud tidal arguments,
and to insist that if the power of Congress to pro-
d in ha nstif I'M
tlon II reaches every portion of this Union where
the wafer Is IN fact navigable and only ceases
where the fact fails 10 exist. This powerhas been
affirmed in some form and exercised to greater
or less extent by each successive Congress, and
every administration since the edopton of the fed
eral Constitution. All acts of Congress providing
Tor the erection Of lighthouses, the planting of
buoys, the constructions of piers, the removal of
snags, the dredging Of channels the inspection Of
steamboat boilers, the carrying Of lite boats, in
short all enactments for the security Of navigation
and the safety of life and property within our nav-
gable waters, assert the existence of this power
and the proprety of its exercise in some form.
The great and growing interest of navigation is
TWO important TO be overlooked or dsregarded.
Mere negative action will not answer. The irreg-
uar and vascillating policy, which has marked our
Legislation upon this subject, is ruinous When
ever appropriations have been proposed for river
and harbor improvements, and especially on the
northern lakes and the western rivers, there has
We have generally succeeded with an appropria-
ton once in four or five years in other words, we
have, upon an average, been beaten about four
times out of five in one house Of Congress or the
other, or both, or by the presidential veto When
we did succeed, large portion OF the appropria-
ton was expendedin providing dredging machines
and snag boats and other necessary mae hinery and
implements; and by the time the work was fairly
begun, the appropriation was exhausted and
further operations suspended.
Failing TO procure an additional appropriation
al the next session, and perhaps for two three or
four successive sessions. the administration has
construed the refusal Of Congress TO provide the
funds for the prosecution of the works into an
abandonment of the system, and has accordingly
deemed il duty to sell, at public auction, the
dredging machines and snag boats, implements
and materials on hand for whatever they would
bring. Soon the country was again startled BY
frightful accounts Of wrecks and explosions fires
and snags upon the rivers, the lakes, and the sea
coast. The responsibility of these appalling sac
rlfces OF life and property We're charged upon
secution Of the works. sympathy was excited,
and concerted plan Of agitation and organization
formed by the interested sections and parties to
bring their combined influence to bear upon Con-
gress in favor Of the re-estabshment Of the sys-
tenn on an enlarged scale, sufficiently comprehen-
sive TO embrace the local Interests and influences
in majority of The congressional districts Of the
Union. A Legislative omnibus was formed, in
which all sorts of works were crowded together
good and bad, wise and foolish, national and local,
all crammed into one bill, and forced through Con-
gress by the power of an organized majority.
after the fearful and exhausting struggle of night
session. The bill would receive the votes Of
majority in each house not because any one SEN
ator or Representative approved all the items con-
tanned in il, but for the reason that humanity as
well as the stern demands of an injured and suf-
fering constituency, required that they should
make every needful sacrifice Of money to diminish
the terrible loss of human life by the perils Of ma
vgation. The result was simple reenactment
OF the former scenes Machinery, implements,
and materials purchased, the works recommended
the money Observation-Disclosures appropria-
tons withheld-and the operations suspended
without completing the improvements, or contrib
uting materially TO the safety Of navigation. In
deed, i may be well questioned whether, as a
general rule, the money has been wisely and eco
nomicaly applied, and in many cases whether
the expenditure has been productive Of any USE
full results, beyond the mere distribution OF so
much money among contractors, laborers, and
superintendent in the favored localities; and in
others, whether it has not been of positive deri-
ment 10 the navigating interest
Far be II from my purpose to call in question the
the integrity, science, skill of those whose pro-
fessiona duty il was to devise the plan and super.
intend the construction of the works But do
insist that from the nature of their profession and
their habits of life, they could not be expected 10
possess that local knowledge-that knowledge of
currents and tides--the effects Of storms floods, |
and ice, always different and ever changing-in
each locality of this wdely-extended country,
which is essential in determining upon the proper
site and place for an Improvement to the naviga-
ton. Without depreciating the value Of science,
or dlsregarding its precepts have no hesitation
in saying that the opinion Of an intelligent captain
or pilot who, for long series Of years, had sailed
out OF and into given port in fair weather and
foul, and who had carefully and daily watched the
changes produced in the channel by the currents
and storms, wrecks and other distractions would
inspire me with more confidence than that Of the
most eminent professional gentlemen, whose
knowledge and science in the line of his profess !
sion were only equalled by his profound ignorance
of all those local and practical questions which
ought TO determine the site and plan Of the pro- |
posed Improvement To me, therefore il is no |
longer matter Of surprise that errors and blum
ders occur in the mode of constructing the works. |
andt hat follies and extravaganza everywhere an.
pear in the expenditure ofthe money. These evils
seem 10 be inherent in the system; at least, thew
have thus far proven unavoidable, and have be. |
come so palpable and notorious that il is worse
than folly TO close our eyes to their existence.
In addition TO these facts it should be borne in |
mind that large and intelligent portion of the |
American people, comprising, perhaps, majority
OF the democratic Darty. are in The hah,, ,C