The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-04

improvement conferred
on Congress-namey, that which empowers II +" to
else exclusive legislation In all Whatsoever
such district mot e.ceeding ten miles square) may
Congress, become the seat Of the government of the
United States aud to exercise like authority all
places purchased by the oil the Legislature Of
the State in which the shall be- for the erection OF
forts, magazines arsenals dockyards, and other need
10 be Mben s Se
mined and compared with other parts of the consti
tuition.
It is undoubtedly true that like authority refers
back to exclusive Legislation In all Whatever
applied to the District Of Columba ana there is in
the district no division OF powers as between the general
and the State governments.
In those places which the United States has purchased
or retains within any Of the for dock
forts for examplelega process Of the given State is
still permitted to run for some purposes and therefore
the jurisdiction Of the United States is absolutely
that the jurisdiction Of the United States tract OF
land coded to for the purpose Of dockyar or fort
by them for the seat Of and then proceed
to analyze this clause Of the constitution.
1t provides that Congress- shall have certain legisla.
States for certain purposes II implies that Congress
has otherwise the to purchose But where does
must be from some other clause Of the constitution for
it is not conferred by this one Now as 1t funda
mental principle that the constitution Is Of limited
powers the authority to purchase must be conferred In
Of the enumeraons Legislative power that the
power TO- purchase Is itself not an unlimited one but
limited BY the objects in regard to which legislative
The other expressions Of the clause in question
places for certain enumerated objects or pur
poses. OF these the FIRST great division orts, maya
zines arsenas and dockyards are obviously referable
ings" Wherefore needfulS Needful for any possible
ciety and Of governmentS Clearly not but only such
"budings" are ''needfuln to the United States in
the exercise Of any Of the powers conferred Con-
gress.
Thus the United States need in the exercise of ad
mitted powers not only forts magazines, arsenals ana
docky ards, but also court houses, prisons. custom
houses and post Offices within the respective States
Places for the erection Of such buildings the general
government may constitutonaly purchase, and having
purchased them, the Jurisdiction over them belongs 70
the United States So II the general government has
the power to build Lighthouse or beacon IT may pur
chase place for that object and having It,
then this clause of the constitut gives jurisdiction
over it, STILL the power to purchase for the purpose of
erecting lighthouse or beacon must depend the
stence Of the power to erect and II that power exists
1t must be sought after in some other clause Of the
stitution.
From whatever point of view, therefore, the subject
regarded, whether as question of express implied
power the conclusion is the same that Congress- has
constitutional authority to carry on system Of inter-
nal improvements and in this conviction the system has
been steadily opposed by the soundest exposors Of the
functions Of the government.
1t is not to be supposed that in no conceivable case
shall there be doubt to whether given object be
not necessary incident of the military, naval any
other power AS man is imperfect so his methods
Of uttering his thoughts. Human language save in
pressons for the exact sciences must always fail to pre-
branch Of the subecthe question of the power of
Congress to make appropriations in aid OF nayiyaton
there IS less OF positive conviction than in regard to the
general subject and it therefore proper in this
respect to to the history Of the practice of the
government.
Among the very ealiest acts OF the first session of
Congress that for the establishment support OF
lighthouses approved by President Washington on the
9TH OF August 1883, which contains the following provi
That all expenses which shall accrue from and after
the fifteenth day of August, one thousand hun
nil In fln ,nrt in
tenance and repairs Of all lighthouses beacons buoy
and public piers, erected placed, sunk before The
bay inlet harbor or port Of the United states for rem
derng the navigation thereof easy and SAFE shall be de-
ayed out of the treasury OF the United States Provided
nevertheless That of the said expenses shall
tnue to be defraye1 after the praon Of
snevs na pub ~ Sos
be coded to- and vested in the United States by the State
or States respectively in which the may be, to-
gether with the anis and tenements thereunto belong
ing, and together with the jurisdiction Of the same"
Acts containing appropriations for this class of public
works were passed in 1871, 1892 1793 and on from
year year down TO the present time and the tenor of
these acts when examined with reference to other parts
of the subject, is worthy OF special consideration.
IL IL remarkable fact that for period Of than
thirty years after the adoption Of the constitution all
appropriations Of this class confined with scarcely
apparent exception to the construction of hight.
houses beacons, buoys and public PIERS and the stake
age Of channels to render navigation safe and easy
i is true but only by indicating to the navigator obsta
cles in his way not by removing those obstacles in
any other respect changing artfcaly the preexisng
natural condition Of the earth and 1t is obvious
however, that works OF art for the removal of natural
iinpedments to navigation TO prevent their lorna.
on for supplying harbors where these do not exist
also Of rendering navigation safe and easy
and may, in supposable cases. be the most efficient
well as the most economical Of such Neverthe
less is not until the year 1924 that in act improve
the navigation OF the rivers Ohio and Ms isspp and In
another act making appropriations for deepening the
channel leading into the harbor Of Presque Isle Lake
Erie, and for repairing Plymouth bea:h in Massachusetts,
bay we have any example Of appropriation for the
improvement OF haboIs the nature OF those provided
for in the bill returned by to the House Of Repre-
sentatives.
II appears not probable that the abstinence Of Con.
gress In this respect is attributable altogether cons
deratons Of economy to any failure perceive that
the removal OF obstacle TO navigation might be not
les useful than the indication of it for avoidance and
Il may well assumed that the course of so
Iorg pursued induced whole in part by soil.
ctous consideration in regard TO the constitutional
power over such matters vested in Congress,
One other popularity in this Of legislation Is
not less remark able. is, that when the general go
vernmen first took charge Of lighthouses and beacons
II required the works themselves, aud the In
which they were situated to be ceded to the United
States; and although for time this precaution was
neglected IN the case OF new works in the sequel was
provided by general laws that lighthouse should be
constructed any site previous TO the jurisdiction over
the same being coded to the United States.
Constitutional authority for the construction and sup
port Of many OF the public works OF this nature It is
certain, may be found In the power OF Congress to
maintain navy and provide for the general defence
but their numbtr, and in many instances their loca
ton preclude the idea Of their being fully justified
necessary and proper incidents Of that power. And
they do not susceptible Of being referred 10 any
other OF the specific powers vested In Congress by the
constitution, unless II be that to raise revenue In
Tar as this relates to navigation The practice under
all predecessors In Office, the express admissions Of
some OF them, and absence Of denial by any sufficiently
manifest their behef that the power to erect light
houses beacons and piers is possessed by the general
government. In the acts OF Congress, as we have
already seen the inducement and object OF the appro
priaons are expressly declared those appropriations
being for Lighthouses, beacons, buoys, and public
piers erected or placed within any bay, inlet harbor
port Of the United States for rendering the navigation
thereof easy and safe"
IL be contended that this review Of the history Of
appropriations Of this class leads 70 the inference that
beyond the purposes Of nation al defence and maintain
anee Of navy there Is authority In the constitution
construct certain works in aid OF navigation Is at the
time TO be remembered that the conclusions thus
dedufed from cotemporaneous construction and long
continued acquiescence themselves suggestive
OF imtat Of utionaty as well AZ sxpediencv