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


tons expressly declared those appropriations being
for Lighthouses beacons buoys 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 be coniended that this review OF the history OF APP
preparations of this class leads the inference THAI be-
yond purposes OF national defence and maintenance OF
navy there is authority in the constitution to construct
certain works in aid OF navigation IS at the same Tune
remembered that the conclusions thus deduoed ron
construction and longeoatnued acqaies
cence themselves directly suggestive OF limitations OF
eonstutonality well as expedency regarding the ma
and the description OF those aids to Navigation ~eh
Congress provide incident to the revenue power
for this point controversy begins not SO much as TO he
principle to its application.
In accordance with long-esaoshed legislative usage
Congress may construct lighthouses and beacons ana
provide il does other prevent shpwrecks on
the Of the United States But the general govern
men cannot go beyond this and make improvements OF
and harbors Of the nature and TO the degree OF all the
provisions Of the bill of the last session OF Congress
To justify such extended power il has been urged that
il 1t be constitutional appropriate for the purpose
of pointing out by the construction of lighthouses or bes
cons where obstacle navigation exstz It Is equally
to such obstacle 10 avoid i BY the creation
of artificial channel that il the object be lawful then
the adopted solely with reference TO the end must
be lawful and that therefore il is not material consttu-
tonaly speaking whether given obstruction to nayga-
ton be indicated for avoidance be actually avoided by
excavating channel that If 1t he legitimate object
expenditure preserve ship from wreck by OF
beacon or of revenue cutters IL mast be not less 50 70
provide places of safety by the Improvement OF harbors
or, where exist by their artificial constructions and
thence the argument naturally passes to the propety Of
improving rivers for the benefit Of internal navigation be-
all these objects of less Importance to the
commercial as we'll AS the naval interests OF the United
States.
The answer ali this is that the question of opening
speedy and easy communication TO and through all parts
Of the country is substantially the same whether done by
land water that the of roads and canals in aci
tating commercial intercourse and uniting by community
interests the most remote quarters Of the country by land
communications the same in their nature as the uses OF
naveabe waters and that therefore the question of the
hp by
means but subdivision of the great question Of
the consutionalty and expedency of internal improve
by the general government In confirmation of this
to be remarked that of the most important acts OF
appropriation of this class that of the 1888 under the
administration of President Jackson by including together
and providing for in one bill as well river and harbor
works as road works implicitly recognises the fact that
they alike branches OF the great subject of inter-
! nal improvements.
As the population territory, and wealth Of the country
increased and settlements extended into remote regions,
the necessity for additional of communication inn
pressed itself upon oil minds with force which had not
been experienced at the date of the formation of the cons
tuition and and more embarrassed those who were
anxious abstain scrupuousy from exercise of
doubtful power Hence the recognition in the messages of
Presidents Jefferson Madison and Monroe of the eminent
disturbances of such works. with the admission that
of them conld lawfully and should be conducted by the
general government but with obvious uncertainty of opn
ion the line between such constitutional and
such notsuch ought to receive appropriations
from Congress- and such ought to be consigned to pri
enterprise the legislation OF the several States
This uncertainty has not been removed by the practical
working of institutions in later times for although
the acquisition of additional territory and the application
Of steam the propulsion of vessels have greatly magned
the Importance q internal commerce this fact has at the
time complicated the question of the power of the
general government over the present subject
In fine careful review of the opinions OF ali my Era1e
and of the legislative history OF the country does
not indicate any Gxed rule by which decide what Of the
infinite variety Of possible river and harbor
are within the scope Of the power delegated by the cons
tuition and the question still remains unsettled President
jackson conceded the consttponali under suitable cir
cumstances Of the improvement Of rivera and harbors
through the agency of Congress and President FOLK ad
nted the proprety of the establishment and support by
appropriations from the treasury of lighthouses beacons
bl2ys and other improvements, within the bays, nles
and harbsrs Of the and lake coasts Immediately
nefef rinih thus made rests Do The differences
between foreign and domestic commerce. it cannot be re-
srcted thereby to the bays inet and harbers of the
oceans and lakes because foreign commerce has already
penetrated thousands Of miles into the interior of the
nent by means of our great rivers and will continue
to extend Itself with the progress Of settlement until it
reaches the limit Of navigablity.
AT the time of the adoption the constitution the vas
valley of the Mississippi teenng with population and
supplying almost boundess resources literally
explored wilderness Our advancement has oustripped
the most sangune antcpaons of the fathers of the
republic and it illustrates the fact that rule is admissi
Bile which undertakes e discriminate, far regards
river and harbcr improvements between the Atlantic
ache coasts and the great lakes and rivers the interior
regions OF North America Indeed ii is quite 10
suppose that any such Discrimination he's existed in
the practice OF the To the contrary which
Is the significant fact before stated that when after alb
staining from all such appropriations for than thirty
years. Congress entered upon the policy of improving the
navigation of rivers and harbors commenced with the
rivers Mississippi and Ohio
The Congress Of the Union adopting in this respect
of the ideas OF that Of the confederation has taken
heed 10 declare from time time occasion required
either IN acis for dsposng of the public lands in the Ter
rores in acts for admitting States that all nav
gable rivers within the sba be deemed to he and
remain public highways"
Ont Of this condition Of things arose question which
at successive periods of public annals has occupied
the attention OF the hest minds in the Union This aues-
ton s what waters public navgable waters so as not
70 be Of State character and jurisdiction but of federal
jurisdiction and character in the intent of the constitution
and Of Congress- proximste but Imperfect answer
this important question is furnished BY The acts Of Con-
and the decisions OF the Supreme Court the United
States defining the constitutional limits OF the maritime
jurisdiction OF the general government Thst Jurisdiction
l. entirely independent of the power Ii is moi
derived from thai nor is il measured thereby.
In that act Of Congress which, in the first year OF the
government, organized judicial system, and which
whether We 70 the subject the comprehensive wisdom
with which was treatee the Difference with which its
provisions have come to be regarded only second
constitution ITSELF there is section in which The sates
who framed the constitution have placed on record
their construction Of it in this matter epacts that the
district courts of the United States shall have exclusive
aognHance OF all civil Of admiralty and maritime
intending all seizures under the Law of inn
post navigation, trade of the United States when the
seizures made waters which are nayigable from
the sea by vessels OF ten tons burden within
their respective districts, well upon the hi0b