Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1855-01-04

only by indicating to the navigator obstacles in
his way, not by removing those obstacles, nor in
any other respect changing arthcially the pre-ex-
isting natural conditioner the earth and sea. Ii
Is obvious, however that works Of art for the re-
movai oil natural impediments 10 navigation, or
70 prevent their formation, or for supplying har-
pors Where these do not exist, are also means oil
rendering navigation safe and easy, and may, in
supposable cases, be the most efficient as well as
the most economical, of such means Neverthe-
less, II Is not until the year 1924 that in an act 10
improve the navigation of the rivers Ohio and
mississippi, and In another act making appropria-
iions Tor deepening the channel Leading into the
harDor OF Pressure Isle. on Lake Erie and for re-
pairing Plymouth beach, in Massachusetts Bay,
we have any example of an appropriation for the
Improvement OF harbors, IN the nature of those
provided for in the bill returned by me 10 The
House Of Representatives.
II appears not probable, that the abstinence OF
congress IN this respect is attributable altogether
10 considerations OF economy, or TO any failure 10
perceive that the removal of an obsta 10 nayi-
gallon, might be not less useful than the indica-
ton OF Il for avoidance; aud il may be well as.
sumed that the course Of legislation 50 long pur-
sued, was induced, IN whole or in part, by solicit
tous considerations in regard TO the consr uiional
power over such matters vested in Congress
One other peculiarly in this course of lepisla.
ton Is not less remarkable. It's, that when the
general government first took charge of light.
houses and beacons, II required the works them
selves, and the lands on which they were situated
10 be coded TO the United States. And, although
for time, this precauton was neglected in The
case OF new works, in the sequel il was provided
by general laws, that no lighthouse should be
constructed on any site previous 10 the iurisdic.
ton over the same being ceded TO the United
States.
Constitutional authority for the construction
and support OF many Of the public works OF this
nature, II Is certain, may be found in the power Of
Congress 70 maintain navy and provide for the
general defense but their number, and, in MANY
instances, their location preclude the idea OF their
being fully justified as necessary and proper Incl
dents Of that power. And they do not seem sus.
ceptible OF being referred TO any other Of the.spe-
cifc powers vested in Congress by the Constirll.
ton, unless il be that to raise revenue, in SO far
as this relates to navigation. The practice under
All my predecessors IN office, the express admis-
sions OF some OF them, and absence Of denial by
any, sufficiently manifests their belief that The
power 10 erect lighthouses, beacons, and piers is
possessed by The general government In the acts
OF Congress, as we have already seen the induce
ment and object ofthe appropriations are expressly
declared those appropriations being for !. light
houses, beacons. bnoys, and public piers" erected
or placed within any bay, inlet, harbor, or port
OF The United States for rendering the navigation
thereof easy and safe"
II i be contended that this review of The history
OF appropriations OF this class leads 10 The infer
Tense and maintenance of a navy there il an
thorlty IN the Constitution TO construct certain
works IN aid OF navigation, il is, at the same time
10 be remembered, that the conclusions thus de.
duced from cotemporaneous construction and long
continued acquiescence, are themselves drectly
suggestive OF limitations Of constitutonality as
well as expectancy, regarding the nature and the
description OF those aids 10 navigation, which
Congress may provide as incident 10 the revenue
power. FOR, at tins point controversy begins, not
so much as TO the principle as to its application
In accordance with long established legislative
usage, Congress may construct lighthouses and
beacons, and provide, it does, other means to
prevent shipwrecks on the coasts of the United
States. But the general government cannot go
beyond this, and make improvements Of rivers and
harbors, OF the nature, and 10 the degres Of all
the provisions Of the bill of the last session OF
Congress
To Justify such extended power, il has been
urged that, II II be Constitutional TO appropriate
money for the purpose OF pointing out, by the con.
strnction OF lighthouses or beacons, where an OBJ
stacle to navigation exists, il is equally so TO re-
move such obstacle, or 10 avoid il by the creation
OF an artificial channel; that if the object be law
ful, then the means adopted solely with reference
to the end must be lawful and that therefore il is
not material, Consilutionally speaking whether
given obstruction TO navigation be indicated for
avoidance, or be actually avoided by excavating a
new channel that If il be legitimate object Of
expenditure to preserve a ship from wreck by
means OF a beacon, or of revenue cutters il must
be not less so 10 provide places Of safety by the
improvement OF harbors, or where none exist by
their artificial construction; and thence the argu.
ment naturally passes 10 the proprety Of imrrov-
ing rivers for the benefit Of internal navigation
because all these objects are of more or less I'M
portance 10 the commercial as well as the naval
interests of the United States.
The answer to all this is that the question of
opening speedy and easy communication 10 and
"a rte nf 4 NJ IL. Ill,
the same, whether done by land or water; that
the uses OF roads and canals in facilitating COM
mercal intercourse, and uniting by community OF
interests the most remote quarters of the country
by land communication, the same in their ma.
ture as the uses OF navigabe waters; and thai,
therefore the question of the facilities and aids 10
be provided TO navigation, by whatsoever means
IS but subdivision of the great question OF the
constitnlionality aud expediency of internal i'm.
provements by the general government. In con-
hrmatlon OF this, II is 10 be remarked, that one of
the most important acts OF appropriation OF this
class, that OF the year 1888, under The admnistra
ton OF President Jackson, by including together
and providing for, in one bill, as well river and
harbor works as road works implicitly recognizes
the TACT mat they are alike branches of the same
great subject OF internal improvements.
As the population, territory, and wealth Of the
country increased, and settlements extended into
remote regions, the necessity for additional means
OF communication, impressed itself upon all minds
with force, which had not been experienced at
the date.of the formation Of the Constitution, and
more and more embarrassed those who were most
anxious TO abstain, scrupulously, from any exer.
else oil doubtful power. Hence the recognition, in
the messages Of Presidents jefferson, Madison
and Monroe, OF the eminent desirableness Of such
works, with admission that some Of them could
lawfully and should be conducted by the general
government, but with obvious uncertainty OF opin-
ion as 10 the line between such as are consttu.
tionsl and such as are not snch as ought 10 re-
ceive appropriations from Congress- and such as
ought TO be consigned TO private enterprise or the
legislation Of the several States.
This uncertainty has not been removed by the
practical working ofour institutions in later times
for although the acquisition Of additional territory
and the application Of steam to the propulsion OF
vessels, have greatly magni6ed the Importance OF
internal commerce, this fact has, at the same time,
complicated the question Of the power Of the gen.
eral government over the present subject.
In fine, careful review Of the opinions of all
my predecessors, and OF the legislative history oil
the country, does not indicate any fixed rule by
which TO decide what, Of the infinite variety OF
sibla river and harbor mr. ara h