Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1855-01-12

the State in which the same shall be- for the erection of
forts magazines arsenas and other need 6Ud
when this provision carefully examined and compared
with other parts of the constitution
exclusive legislation in all whatever applied to
District of Columbia and there is in the District no dVl
sion powers between the general and the State govern
In those places which the United States has purchased
retains within any States-stes for dockyards
forts for exampeegal process of the given state still
permitted for some purposes and therefore the JuPs
diction United States not absolutely perfect But
let assume the arguments sake that the jurisdiction
the United States in tract of land ceded to 1t tor the
purpose of dockyard fort by Virginia Maryland is
in that coded by them for the seat
and then proceed to anayze TINS CLAUSE OF tne
authority all places purchased by the United States for
Pes thae G long mas net I
power to purchase Manfey, must be from other
clause the constitution for it is not conferred by this
of the limited the authority to purchase
be conferred IN one OF the OF power
but limited by the object in regard to which legislative
authority is directly conferred
this conclusion, the jurisdiction given places pur
chased for certain enumerated objects purpose Ofhe
the " great division forts magazines arsenals and dock
yards obviously reerabe to recognised heads ofecfc
There only the phrase and
for possible purpose within the whole range of the bus
Of society and Of government Clearly not but only
the exercise of any power conferred on Congress.
Thus the United States need in the exercise of admitted
powers only FORTS magazines arsenals and dock yards
but also court houses prisons, cusomhouse and post
Offices within the respective States Places for the erection
of such buildings the general government may constitution
ally purchase and having purchased them the jurisdiction
belongs to the United States So the general
may purchase place for that object and having
chased it. then this clause of the constitution gives ursdc
ton it. Still the to purchase for the purpose of
erecting lighthouse beacon must depend on the exis
of power erect and if that power exists must
be sought after other clause OF the constitution
From whatever point of view therefore, the subject
garded whether question of express implied power
IT. that
tiona authority to carry ysem improve
men; and in this conviction the system has been steadily
opposed the oundest expostors of the functions of the
1t is not to be supposed that conceivable shall
necessary incident of the military naval other pow
err As is imperfect his methods of uttering his
Sciences always fail to preclude all possibility of
controversy Hence ii is that in branch of the
the question of the power Of Congress to make appropriations
in aid is less positive conviction than
in regard the general subject and it therefore seems
this respect to revert to the history OF the
of the government.
Among very earliest of the first Congress
the establishment and support of lighthouses APP
proved by President Washington the 18th of August l7S9
which contains the following provisions:
fifteenth day August thousand hundred and egh
tnine in the support maintenance and repairs of
all lighthouses, beacons, buoys and public PIERS erected
placed sunk before the passing of this act at the entrance
Of within bay inlet, harbor port of the United
States for rendering the navigation thereof easy and SAFE
shall be betrayed of the treasury of the United States
Provided neUohss That of the said expenses shall
the day aforesaid unless such lighthouses beacons buoy
public piers SHALL in the tme be ceded to, and
ted m the United States by the State States respectively
which the may be- together with the lands and
ments thereunto belonging and together with the jurisdiction
public works were passed in 1871 1892 1893 and so on from
year to year own0 the present time and the tenor of these
ject, is worthy of special consideration.
remarkable fact that for period of more than thir-
t years after the adoption of the constitution all appropa
ons of this class confined with scarcely apparent
exception construction of beacons buoys
and public per and the s,akeagt OF GhaeS to render
ting the navigator obstacles in his by removing
the preexistng condition of the earth and Sea-
obvious however, that works of for the removal of
for supplying harbor where these do not exist also
of rendering navigation safe and easy and may in
economical of such means Nevertheless it not until the
year 1924 that act to improve the navigation of the
rivers Ohio and MsSssppand in another act making appro
priaton deepening the channel leading into the harbor
of Pressure lse Lake Erie and for repairing Plymouth
preparation for the Improvement of harbors in the nature
provided for in the bill returned by to the House of
Representatives.
appears probable tkat the abstinence Congress
this respect is attributable altogether to considerations of
obstacle to might be less useful than the
dication of for avoidance and it may be well assumed
that the of legislation long pursued induced
part by solcitious consideration regard
constitutional power over such matters vested in Con-
gress.
One other popularity in this of legislation is
less remarkable 1t is that when the general
works themselves and the lands which they situated
to be coded the United Sraes and although for time
this precauton neglected in the of Networks in
the sequel provided by general laws that light
house should be constructed any site previous to the
risdcon the being coded to the United States
Constitutional authority for the and support
many of the public works of this nature it certain
be found in the of Congress to maintain and
provide for the general Defence but their number, and in
many instances their location preclude the idea of their
fully justified necessary and proper incidents of that
err And they do not susceptible of being referred to
other of the specific powers vested in Congress by the
constitution unless be that to raise in far
this relates navigation The practice under all my pre-
and absence denial by sufficiently manifest their be-
lief that the power erect lighthouses beacons and PIERS
by the general government In the acts of Con
gre have already the lnducemen and object OF
the appropriations expressly decared those aprropra
tons being for ghhouses beacons buoys, and public
piers erected or placed within any bay inlet harbor
of the United States for rendering the there
/ of easy and SAFE
III cont nded this of the history of appropri
aons this leads the inference that beyond the
purposes of national defence and maintenance of navy
there authority the constitution to construct certain
works aid of navigation it is at the time to be
embered Conclusions thus deduced from coempor
construction and continued acquescence
themselves directly suggestive Limitations of constitution
atty well eXpedency regarding the nature and the de-
scripon those aids navigation which Congress
provide incident to the for at this point
controversy begins much to the principle to its
S plicaton.
In accordance with established legislative usage Con
crest may lighthouses and beacons and provide
shpwrecks the coasts
the United States. But the general cannot
beyond this and make improvements rivers and harbors
and to the degree OF all the provisions of the bill
# of the last session of Congress.
To justify such extended power it has been urged that if
be constitutional to appropriate money for the purpose
pointing OUT by the construction OF or beacons
where obstacle to navigation exists equally to
such obstacle avoid by the creation of at
fetal channel that the object be lawful then the
adopted solely with reference to the end be lawful
that therefore it is not material conttuonay speaking
wherever given obstruction to navigation be indicated fo
lady q ne