The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-18


troll or ownership Of the Mississippi rive
Can II be pretended that ne regards the use o
Its property and tho ohligatiu IF It's owner
ship the United States has greater rights
or fewer Responsibilities than any other
sovereign power. that IT may tnap the full
benefit ana enjoyment If - vast and mag
niiicent trust, and yet escape from and re
pldiate the responsibilities which its uaa i'm
poses, that II may lngalatc fo regulate. ~
police, to protect every species If property
floating upon this river, IT, change its chan
mel, 70 deloininn how or nv whom II shnll be
used, and yet that tho government claiming
and exercising these powers, preclaimlng this
absolute and undivided ownership, has 10
power So t. regulate it's flow That its de
vastating waters shall ~ longer he permitted
to destroy the property, The ponce, the happi
moss and The hope " millions If toiliug Amer
lean citi1ena Even whom n foreign nation
owned the soil on both banks Of tho rive,
above Its mouth you asserted not only tho
right IF navigation. hut the right II deposit
ON the foreign soil which then constituted H..
banks. This was called and was admitted II,
be an imperfect right hit Won secured II 10
cause You threatened war against Spain " if
was not conceded
In whose interest, sir did The government
u the United States take this bold stand
In the Interest, Mr.. President, Of those who
were culiivatjng the soil on the banks of the
Ohio aud the Wabash, and the Illinois. ui the
Tennessee, the Cumberland and the kelitueky
nllluents ~ the great river. but not tho rivcf
Itself II was taken IN their interest IL order
that their products might find 81 uumppted
outlet to the sea. And now. sir, the citizens
Of the aluyial States, sir nrn asking this
same government not Ia declare war against
n foreign nation IN their interest not Il, set
armies in the field and navies on the sea IN
order Tat the labor If their hands may be
rendered more profitable and the products of
their lands find an easier highway to their
destined markets. but simply that Won shall
use this great national river this national
highway, this natonal property, IN such u
manner that the labor Of their hands may
have It's legitimate reward, that the products
of their lands may not Year after year be lie
\ strUyad w the unchecked low ~ tho river
/ and that they may not be made starving
paupers on the richest soil on the face of the
Hearth.
| And are we to he told, in answer that the
government might rightfuly declare war IN
the interest Of the cultivators II the valNy Of
the Ohio, and in order TO assure 10 the pro
! lucts of that region an unimpedod acoe;s to
he sea through territory over which this
government had then no control but that II
annOt, In the interests OF the cultivators of
ne aluvial lands of the Lower Miasiaaippi
id to preserve their property and their pro
ICtions from utter ruin and destruction. ON
Oy the resources of science and the agencies
Industry In q war against those natural
'ces which originate within Its jurisdiction
which are entirely within its cuntrol2
Peace we are told by the prince If English
Ia, hath its victories no less renowned
war Who shall Say, sir. that such n
Dry achieved hy peaceful methods over the
lendona forces of nature would not 10
worthy of great nation moro renowned
story, than the bloody triumphs Of armies
field or navlps on the sea-
ia ~ maxim Of law. Mr.. President that
wner Of property shall not SO use il az TO
tho property IF others Sic merc tho
iepum non Lrdne Does our national
lment comply with this obligation IN
duet toward the people of the riparian
IN the Use which u makes ~ that
tDtjDunI Miccic mi
ain, sir that II does not. have shown
Federal government owns that river
ely. entirely, exclusively. I have
that the floods which devastate the
States are rolled down upon them
distances measured by thousands Of
d yet entirely within the Jurisdiction
ederal government, and that those
we no power. acting separately to
themselves against these ioode by
nrt however great, by any
an IT. DO said. then. that |
J uses its property in conformity |
AKIN which ! have quoted that il |
in its ,lsc of that river even n do |
for the rights and property of the |
he aluvial States when II allows |
ttef year to be rayagnd dnaolatpd |
the waters of that stream over |
aims and exercises Undisputed |
a0i EXCLUSIVES control2
Mr.. President. "a tho question of |
risdiCtion Is an important rln- |
consideration Of this subject / |
again to the decisions Of tho Su- |
which ! have already quoted |
nguago Of Justice Wayne in lie
opinion Of the court in Warng |
q, 3 Howard. 49j.
Of tide water within county.
ava. conforms to no code or pre-
marching boldly over all which t
hating whore The ocean nants
n ahunning to mako wide in
irrttorics Of luriee nor pushing
FL ie nautical and commercial
lplausihla apology for II which
Votal misconceptions before al
Wneient aud true rule, which
Vat. at the Same time. tide water
~ the county, on tho high soaa
sh' tluS and reiluv Of The tide on
noh without the body Of tho
IN and ~ SUPPORT which
attsfommon law. have boon
with substituted and TINT
M Of any statute clause in
tdmto torts, tho impulses ~ tho
pcea overy distance from the
nunn,roaching from one to two
NHhehe interior If conntina aud
Sauhg those great pillars most
let ma of the States. And Whist
haIliry. e T. hp gained by sunh
20 oihtton? Not an adharonao
Hthtn u rules. not n respect for
itS ''eAngthaning tho Union. ar
ny nSte assailnd but Weakening
uhneet doubtful. IRRITATING and
system OF an extension of Il good
nautleadmirHlry to he one for all
commehl nnyigahle waters and
oi our put falling short, In sOme
th'hSan inland seas. nearly one ,
ana cutthR haad of navigation. ,
ana esentios with twenty. thirty ,
Intho population.
are such Is said that the bonds |
5a0 timesllst cross the stream ,
This rep@rleans to st Louis. !
river by tlnd rccrossing of the
on It's wahf steamers which ply q
Is fruitflseason of high water l
often becmRer. Crevasses have /
levees due he abrasion OF the 4
disturbed. OF the waters thus Z
radiate frort Of the waves that il
When the Il a passing steamer t
OF the leyces even with the tops il
pie of the Sta levees as the peo- II
able to cOntr have hitherto been |
which promeh eyeeS rs those y
to the calcuccurity, according o
which hamont engineers, to {,
time. say. referred ut such {,
displacement ecmingly innocent .
the level along waters by which il
raised AnI " finn 10 MI L. u