The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-01-03


- rich ~ in the former with ports Of foreign
entry and delivery TO sanction distinction artificial
and unjust because regardless Of the re fact Of navga
biiity.
We may conceive that some such considerations Ted 10
the enactment in the year 1916 of act In addition
that of 1889 declaring that the district courts Of the Un
ted States shall have possess and exercise the urs
dcton in matters OF contract and tort arising in upon
steamboats, and other vessels Of twenty
burden and upwards enrolled and licensed for the coast
ing trade and Al the time employed in business Of COM
merce and navigation between ports and places in differ
emit States and Territories upon the lakes and nsygabe
waters connecting said lakes is possessed and
ersed BIZ the said courts in of the like steamboats, and
other vessels employed in navigation and commerce upon
the high tde-waters within the admiralty and
thine jurisdiction Of the United States
Ii is observable that the act of 1850 applies the ursdc
ton OF the United States TO all waterg which naygs
bic from the for vessels of ten burden aud that
Of ls45 extends the jurisdiction to enrolled vessels of TWEEN
~ tons burden the lakes and navigable waters
meeting said lakes though not waters navigable from the
provided such vessels be employed between places in
different States and Territories.
Thus IL appears that these provisions of law in effect
prescribe conditions by which to determine whether any
waters are public navgabe waters subject 10 the auhor-
ty OF the federal government The conditions include all
waters whether salt fresh and whether of lake
river provided they be capable OF navigation by vessels OF
certain tonn4ge and for either between the
United States and foreign countries between any two
OF the States Territories OF the Union This excludes
water wholly within any particular State, and used
the means of commercial communication with any other
State and subject 10 be improved DISTRACTED WILL by
The consaonality of these provisions Of statute has
been called in question Their consttuonaity has been
maintained however by repeated decisions OF the Supreme
Court OF the United States and they therefore, the law
Of the land by the act OF the legislative the
ecntive and the judicial departments of the government
Regarded as atiordng criterion Of what is navigable
water and such subject to the maritime jurisdiction Of
the Supreme Court and Of Congress these obec
onable in this that the rule of nayigabity is arbitrary
one that Congress may repeal M present rule and adopt
new one and that thus legislative definition will be
able to restrict enlarge the limits Of constitutional power
Yet this yariableness Of standard inherent in the
ture OF things At any rate neither the first Congress-
composed OF the statesmen OF the when the consu-
ton adopted any subsequent Congress has afford
ed the Of attaining greater precision of
ton as to this part of the constitution.
This reflection may TO relieve from undeserved
proach idea of Of the greatest of the republic
President Jackson He seeking amid all the difficulties Of
the subject for some practical rule of action in regard to
appropriations for the improvement of rivers aud harbor
prescribed for his official conduct the rule Of combining
such appropriations to pace below the ports of entry or
delivery established by law He clearly the au-
hors OF the aforementioned acts of 1889 and 845 did
that there is nexibe natural line Of discrimination
between what is national and what local. by means of
which to determine absolutely and unerringy what
point on river the jurisdiction of the United States shall
end He perceived and Of admitted that the con-
stituton while comforting the general government
some power OF action to render navigation safe and easy
had of necessity left Congress much of discretion in
this matter He conded in the patriotism Of Congress to
exercise that discretion wisely not permitting himself to
suppose it possible that port Of entry delivery would
pose Of evadng the constitution.
1t remains, therefore, to consider the question OF the
measure of discretion in the exercise by Congress of the
power to provide for the improvement of rivers and har-
bors and also that of the legitimate responsibility Of the
Executive in the relation.
In matters of legislation of the most unquestionabe
stitutonay 1t is always material to consider what
public money shall be appropriated for any particular
object The Same consideration applies with augmented
force to class appropriations which their nature
peculiarly prone TO run to excess and which being made
to oversep the bounds Of constitutionality.
If an appropriation for improving the naygabiity of
river deepening protecting harbor have reference
to military naval purposes then Its righulness whet
er in amount In the objects to which it IL applied de-
ponds manifesy the military naval exigency and
the affords M own r u a Ia dee
have distinct relation to the military naval wants Of
the country and is wholly mainly, intended TO
promote tine from commerce. then the very vague
ness of the proposed purpose Of the expenditure constitutes
perpetual admonition OF reserve and ctuon Through
disregard Of this it s undeniabe that in many cases a-
propriaons Of this nature have been made unwisey With
out accomplishing beneficial resplis commensurate with
the cost and sometimes for evil rather than good indie
pendently OF their dubious relation to the constitution
Among the radical changes of the course of legislation
in these matters which my Judgment the public interest
demands one Is return to the primitive idea oepngreas
which required in this class of public works al all 9TH
ers, conveyance of the SOIL and cession OF the irsc-
ton to the United States think this condition ought
nser to have been waived in the Of any harbor I'M
provement OF permanent nature as where piers eea
sea-walls and other like works are u 10 constructed and
maintained II would powerfully tend TO counterfeit en-
deayors to obtain appropriations Of local character and
chiefly calculated to promote individual interests The
want of such provision is the occasion Of abuses Ia re-
gard to existing works exposing them private encroac
ment without sufficient of redress by law Indeed
the absence in such of ccsson of Jurisdiction has
constituted Of the constitutional objections to appro
praons OF this class 1t is easy to perceive any suH
Gent for requiring it in the OF arsenas or forts
which docs no equally apply 70 all other public works I'll
70 be constructed and maintained by Congress In the eyer
else OF constitutional power Of appropriation they should
be brought within the jurisdiction of the United States
There IS another measure Of precanon in regard to such
appropriations which seems % me be worthy Of the
Of Congress II u.s. make appropriation
Tor every work in separate bill that each one shall
stand its independent merits and If il pass shall
do under circumstances Of legislative scrutiny emitting
t TO be regarded of general interest and proper sub
ect Of charge on the treasury of the Union.
During thai period Of time in which the country had NOT
,ome TO look 70 Congress for appropriations * ts nature
eVera of the States whose productions or geographical
position invited foreign commerce. had entered upon plans
or the Improvement OF their hathors nv themselves and
through means of support drawn directly from that COM
nerce in virtue of express constitutional power need
ng for It's exercise only the permission OF Congress ar
nor improvements thus constructed and maintained the
expenditures upon them being deayed by the very fcl
they Afford voluntary charge on those only who
ee 6t to avail themeves cf such facilities and can be
Justly complained OF by none On tbs otter band "a ono
8 these Improvements carried by arpropr ations
rom the treasury the benefits win continue to inure To-
hose alone who enjoy the facilities afforded while The cx
enditnre viii he burden upon the whole country and
he discrimination double injury to places equally re-
uiring Improvement but not equally favored by appro