Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1854-01-12

essary TO purchase land, either with or
without the consent Of the legislature of
the State, for any such purpose.
The Legislation of Congress and the past
action Of this department, both having nee
es,arily received the approval of each Pre-
sident under whose administration they &C.
Cured, did not leave me at liberty TO regard
1t as an open question whether or not the
act does properly include within its mean
ing such constructions as are made for the
protection and improvement of harbors and
rivers. To guard against the conflict of
jurisdiction, which may equally arise on the
site OF pier, jettee, or break water, as
upon that of fort dock-yard, or custom
house, and warned, by recent experience of
the probability Of such occurrence, it is sub
mitled whether future appropriations, if any
shall be made for such constructions, should
not be subjected TO the requirements of the
the act Of lS4l, before referred to, and the
conduct of the government thus be made to
correspond with its earlier action and con-
form more strictly with the provisions Of
the Sth section OF the lst article of the con-
stitution in relation to the purchase Of places
for the erection Of forts, magazines, arse
nails, dock-yards, and other needful build
ings.
The difficulties here referred to would be
readily avoided by adhering to the practice
of the earlier period of the government, in
giving the consent of Congress to the law
ing of tonnage duties by the States for
works of Internal Improvement, or by
pursuing the policy recommended by works
to be commenced and executed under State
authority. The barrier thus sought 10 be
interposed by President Monroe rested on
distinction, which seems soon TO have
been forgotten or dsrcgarded, and in lS4S
President Polk endeavored to restore the
government to It's original policy, proposing
as substitute for appropriations from the
public treasury, that, by State legislation
and with the consent of Congress, tonnage
duties should be laid for purposes Of har-
Dor and river improvement. The mode,
than which none could be more equitable,
none more consistent with that principle of
equal burdens and benefits to every section.
(which pervades the constitution and charac-
atefizes all lis provisions, would certainly
ayoid that conflict of jurisdiction to which
attention has been invited, and in all places
having a considerable commerce subject to
the imposition Of tonnage duties, would be
entirely adequate.
For the protection Of ships. of-war and OF
commerce, from storms and the attacks Of
hostile fleets, lake and sea-coast harbors Of
refuge are essential adiuncts to other means
Of national defence, and Intimately connect
ed with the maintenance Of navy. As
such harbors would sometimes have little or
no commerce, and these special duties and
taxes could not be made available for their
Improvement and protection, it would be
requisite in such cases to treat the construc-
tions as government works, and to acquire
the right Of soil and Jurisdiction over the
site.
The public right Of use Of ali the nayi-
gable waters of the United States, belong
ing equally TO all their citizens, and some Of
the rivers Of our country washing many
States, and consequently not subject to the
jurisdictian of either, these national high
ways bear peculiar relations, as such. TO the
powers and functions Of the general gov
ern!nent; its dependence upon them for the
trans ortatiou indispensable for the defence
OF the frontiers, and the other vast inter
ests which are involved, are'so well known
that it cannot be necessary to enforce or
elucidate them.
In considering these necessities and in
terests, one is forcibly reminded Of the
change which has occurred in the condition
Of our country since the date when the
Union was founded.
The population and commerce are 10
longer confined to tide-waer and the neigh
Lorhood Of the Sea-coast, but the uneXplorcd
wilderness has become the seat Of populous
States and Of commercial cities. The APP
plicltion Of steam 10 river navigation has
borne the Tide of commerce for thousands
of miles beyond the tide Of the sea, and
case is herein presented which the trainers
OF the constitution could not have anticipat-
cd or specifically provided for.
1.-THE enjoyment of this public right, ana
the interest and convenience Of the general
government, shall be deemed sufficient 10
warrant further operations for the renewal
OF temporary and accidental obstruction in
their natural channels, additional appropria-
tons will be required for the expenses of
the am-dredgeS and snag-boats; but if the
Congress shall decide 10 discontinue their
employment for this purpose, it will be adj
vlSablc that directions should be given TO
dispose of the boats, and other means which
have been provided for their use, before
deterioration and decay shall have rendered
them valueless.
Within few years past an unusual num-
Der fsuits have been brought against officers
of this Departmental being actions for
damages for acts done by officers in the
performance of their duty, and others at
lacking the title of the government to public
property of great importance, or involving
rights of more or less consequence. 1t has
been usual, when the department has en-
Ployed counsel, to engage in preference the
services of the district attorneys; but it is
not their duty to attend TO such suits, and it
is therefore necessary TO make special con-
tracts with them, in the same manner as if
they were not in the public service, and to
pay their fees from the contingent fund of
the deparIpnapt II yr,o,,ll