Columbia gazette., 1854-01-14

| 'oAeCo, do ioS :" "''uu"i y eCIuAy III Iuc ycdi
l845, declared that "T'he power o1
Congress over navigation and its power
to make all needful rules and regula-
tions, for the sale and disposition of the
public lands, conferred no power to
grant lands, below high-water mark, in
my State admitted into the Union; that
the shores Of all navigable waters, and
the soil under them were not granted
by the Constitution, but were reserved
by the States respectively, and that the
new States have the same rights, sover-
eighty and jurisdiction as the original
States" It cannot therefore, be doubt
ed, that on admission of California into
the Union, the exclusive right to dispose
of all the lands, "below high-water
mark' within her limits passed to the
States.
The Supreme and Circuit Courts ol
the United States, it may be proper
here to remark, have also we'll settled
the principle that no separate or exclu-
sivc right, adverse to the sovereign and
public right, is acquired by city or
town to the tide waters or the soil under
them, by virtue Of an act Of the Legis-
lature, merely extending the limits of
such town or city over such waters. An
act extending the bounds of city or
town over bay, merely for the purpose
of jurisdiction, is no evidence of a grant
Of property in the "soil covered by wa
ter" Numerous decisions could be
here cited in support of this position,
but it is not deemed necessary.
Permit me in this connection, howev-
er, to suggest, that in carrying into ef
feet the recommendation to extend the
Water Front of the City of San Fran
cisco, it would be advisable to provide
for Board of Commissioners, with such
checks and limitations as may be ncces-
sary, and that without prescribing an ar
bitrary line, authority be given them to
extend at such points and to such dis
tance, as may, after careful examination,
be deemed proper and expedient; pro-
vided, that at no point shall the exten-
sion exceed given number of feet; and
further that the said Board be required
to provide for as many slips, to be kept
free and unobstructed, as may be neces-
sary for the wants and requirements of
commerce.
It is believed that extension can be
made at various points, and in such
manner as will not only cause no injury
to the harbor, but result in positive ben
eft. BY providing proper slips to be
kept open and unobstructed for the con-
venience Of commerce, sufficient drain
age can be obtained, and the expense
and Inconvenience incident to charee of
the present grade of the city avoided.
The practicability of this measure
cannot be questioned, and the fact that
from judicious sale of the property
within the limits of the proposed extern
sion, sufficient means will be realized to
pay the State debt, and relieve our peo-
pie from the burthen of onerous taxa
ton, must commend it to the favorable
consideration of the Representatives of
the people. And, as these facts are
better understood and appreciated by
the citizens Of San Francisco, there can
be no doubt that they will hail the ex-
tension. not only as an act beneficial to
themselves, but as imperiously demand
ed by the future wants and interests of
the great and populous emporium of the
Pacific.
The consumation of the measure of
extension, in the manner contemplated,
in truth, must result directly to the ad-
vantage of the residents of the city Of
San Francisco, and, indirectly, benefit
the whole people of the State.
The limited space now occupied by
the business portion of the city, de-
mands extention for the accommodation
of her present commerce, which, is now
in its infancy, aud small, indeed, COM
pared with that which we have every
reason to believe will, at no remote pc
riod, be centered in the harbor Of San
Francisco. To assume that commerce
can be conveniently, or advantageously,
transacted within the present contracted
limits, or that it will recede from, rather
than encroach upon the water, is alike
contrary to well-matured public opinion
and past experience.
The sale, from time to time, as deem
ed expedient, of such an amount Of wa
ter property, adapted as it is to the wants
and requirements of commerce, must ex-
ercise wholesome infuenc in regulat-
ing rent-charges, which, in the increas-
ed price of goods, are eventually paid
by customers throug ghout the State.
The harbor of San Francisco, from its
position and capacity, is Of more impor-
tance to the commerce Of the world than
any other within our confederacy, and
it is therefore hoped, that Congress,
| during the nreseut session. will adont