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


submit Eotno remarks H. day on thG bill f9sn-
nte bill No 1856 nppr"printiDg money for
constructing, rehnlIding hnd repairing Ieyses
on tho Mississippi river IN the States ~ Mis-
souri,. Kentucky. tennessee. Arkansas Mis-
sissipp md Ionlsiaun. Tint Bill having been
read twice Is nou bnfpre tho senate ai IN com
mtteH of ths whvln
Mr. En9tis Mr., President, the question
which is presented by the bill ! have intro
huGrd ii whrther money should br npprppri-
ated out of tho Federal treasury for ths pur-
posse 81 building the lnyses on the Mississippi
river. arn aware thht this measure has been
urged on various grounds. II has been said.
for instance, that innsfnuch Ms many ~ these
legses had heen destroyed by tho armies ~
tho United States during military operations.
therefore the government ~ tbs United
States ns nh aGt ~ Justice should rebuild tho
Isyses II has also been urged that ths great
benefita which nre to accrue to the govern
| uent by the reclamation ~ these ovsrHoved
| lanfls constiiutG sufficient rsnson why tho
| government ~ Tho Unltsd States should build
| these lsvees
While do not discard these considerations
or my oihsrs. they do not constitute the posi-
tlon wtdch / take upon this important auss-
|
| United gth'ns has u sufficient proprietary
| right and control and i1risdictDnhl authority
| over this river Il, impose upon tho govern
| ment VI the United States the ordinary obll-
cations. responsibilities and duties oi owner
ship. that where n government Or an indi-
Viduhl has the control ri any property Of any
speces ~ kind. n river or what not, upon that
government or upon that Individual who has
such control the obligation and tho RESPONSE
bllty rest, md cannot bG GVn1sd pi putting
and ksfping the property In such condition
that IL shall not do HARM damage tr Injury
T., the property cf other partles
For instance. Mr.. President. there Is moth
j, ing startling In the proposition that where
the government ~ the United States owns ~
marine hospital H. Is the duty u the United
States government tO establish such guard
aDshp over that hospital, It's property, and
To provide such means That that hospital
shall not become n nest u pestileuth disease.
SO ~ spread in the surrounding conrnu-
nifty. 80 In the chss ~ u powder magazine,
can any ono doubt That II is ths duty of tho
| United Stlths government to exercise such
control md such stewardship over that prop
erty that adjacent md contiguous property
shall not be destroyed by nny accident of s1-
plnsOni
80 It is, Mr.. President 80 far as national
duty and national obligations nre concerned.
In casss even where ths government of tho
| Iuitsd States does not own the property. Is
/ II not the duty ~ the Units1 States govern
rasnt for ths reason II for no other, 10 main
tain discipline in it's army. so that the army
I shall not become mob ~ sndangsr the lives;
and property ~ Ctizsnsi
| And the Onl rule ~ Inv which invoke IL
n rule II universal application. binding upon
governmsnta we'll as upon individuals
rule ~ law which Is chsyal with the owner
, ship ~ property itself which has never been
modified hnd ran never be modified 50 long
ms public order Is considered necessary tp tho
we'll being 81 soGety and that is that every
person. legal, natural or political, shall uss
. md enjoy his property hud kesp 1t In such n
Inn tHui H. tUTGuUH UnUIrff
infllct damage and injury upon tho property
u other parties r. is not necessary for the
. application II thi9 rule H establish that tho
United States government has an hbsolutr,
unqualified title in tbs NJ ssissippi river We
know that that river whs purchased by tho
Federal government, that the money was
taken ont of the Federal trehaHrY and paid
for thAt river and an potgntG certain that,
> MS the sovereign poHer, having acquitted that
| river as IT, did, the government Of tho nited
States has not right even III dlapo9ing ~
that river. that the RoVernm"nt u the United
States has not thn jHs dtspDnendi. am not
prepared tp say that there IL not absolute
ownership Df the river bY the United Stntns
government 80 faT ns the United States gov
, ernncnt can own hHy property. In one sense,
all property that r. owned by the United
Sthtes goyernment is the property Of the IN
tiDn.
But let NJ take this illustration The
United States government purchased lhska
Suppose thht there had been no Individual
vested rights, Alaska became ths property Of
the nation, II became public property It be-
came the property ~ the people of tbs United
= States IL IL not clear that the United States
government by this same right which 1t had
~ acquire that property and although the
American people haven right ~ traverss that
Territory md ~ cnrry on their commerce. In
: that 1srritDryJ would have r. right ~ dispose
n that Territory, which right Of disposal is
the highest test OY Dwnrrshipt
| But suppose you consider that the United
Stars government r. only trustee IT the,
| Ia sryifh Ia. ff,i1 "a
that 1t has only Il fidaclary title hs We call IL
In the civil law, that it has only q qualified
: title for n specific purpose, which h the pur-
poBe of public use and public commerce..
5upptss that 1t be a property which Ia dedIca-
/ ted IN public uSeS and which the government
. of the United States cannot alisnate. and
! therefore that 1t has only q qualified owner
ship u that property. supptsn that the gov
t ernrnent ~ the United States has not the
same title 10 the Mississippi river which
eovereignties on the continent of Europe
have over the rivers within the dornnlons
which they rule maintain that inasmuch
AZ the gOvernnent of the United States,
" the exclusion ~ the States, to tho
exclusion ~ any other authority, has ezcll-
siye jurisdiCtiOnal control over the Mlsslssippf
river the ObligatlOn3 and the respDn8ibitles.
arising from that relation are precisely idfn-
ticAl with those which would arise from ab-
splute ownership. Take the GasH, for instance,
u a puhih street. where even acf1ordlng 10 the,
, original grant street I5 Dedicated IN public
, uaes and the political corporation has no
power " alIenat; that street; yet it has been
repeatedly decided In this country that al
! though the corporation has only the power III
administration and ~ police, which h at,sO-
! l4te in the Federal government a9 regards
the Mississippi river, II that street s not kept
In a proper condition, and damage N property
results from that neglect the corporation "
= liable in damages to the party ln.nred. ana +.
can ste no reason, Mr. President, upon th's \
highest authority why the government of tn u
:. United States i8 not respon5ible In daEhaR' T.
J | " the thousands and thousands 81 people WfO
3 have been ruined In the II Lssi5sippi valley On
, account II the Crevasses, for the reason lat
. IL s the duty Of the United States. even n adj
I ninstratlon and control 81 .t9 authority, 10
Ipoliee the river and Essp IL within CONTROL, 70
. Discipline that river and " incies7e it within
. | its tanks.
D We know, Mr. President, that the jarisdie-
. tiona authority 81 the CniNd States govern
tEt.t Sfafgxft