Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1881-03-16

hVIOS uuh tlaihS hlulpiJ HOlu YIN
State by water.courso at its 1ooC
into another without the power and
means of returning, but also an oppor
tunity for the productions of that othel
State to traverse the highway and carry
its products to market. Anavigablt
highway is water which possesse,
the capacity Of ascending as well al
Of descending.
Intercourse means interstate traffic
When we find a liver that has at itt
flood a descending navigation, but is
naturally in such a condition that it is
not navigable in theother direction, then
we have mo navigable water OF the Uni.
ted States within meaning OF the Con,
stitution and the decisions under it to
which we can lawfully appropriate
money The general principle is that
where a river is hot navigable in fact
that Congress has no control over it,
but that its control belongs exclusively
to the States, and that whether such
q stream Is part Of q continuous line
from a navigable stream, naturally
navigable, into another State, OF
whether titles wholly within the State,
is immatenal If a river be navigable
in fact within a State as a part of a
continuous line of communication Con.
gress has power to appropriate money
to improve it so far as it is so navigable
under the power to regulate commerce,
Ifit lie wholly within O State and be nav
igable in fact ,ifnota part ofa continuous
line Of communication, Congress has
no control over it, and it belongs to the
State TO regulate its commerce. If il
be q part of a continuous line from
without to within q State, but its char.
acter is such that no ascending navi.
cation in fact exists, nor can naturally
exist then Congress has no control over
it under this power, but the Jurisdiction
Of the State is exclusive.
Apply these doctrines, these rules of
law, the now settled law, not the
theories and dogmas Of fifty years ago,
but the law that has grown up from
the necessities of your ever-expanding
commerce, that which has come from
the growth of your country, that
which has crystalized itself through
the decisions of the Supreme Court
upon the power to regulate commerce
among the States. Apply these doc
trines to our present bill for improving
rivers, for appropriating money to that
object, and we have the equestion settled.
The rivers to which we may give
the money of the United States are
those which the Constitution of the
United States as interpreted by the
Supreme Court have recognized to be
navigable waters Of the United States,
and those, and those alone, are such as
are navigable in fact and are avenues Of
interstate commerce.
In this bill there are many instances
Of appropriations of money to rivers
which are not navigable rivers within
the meaning of the Constitution and
laws. 1t is not question of short
river reaching from a lake into State.
Such a stream may be navigable for
but ten miles and still be within the
purview of the general power. The
doctrines of the Constitution as in.
terpreted by the Supreme Court are
our platform, and the decisions Of the
Court have followed the progressive
march Of that commerce which the
intense desire Of our countrymen for
gain has pushed to its furthest limits
in the development OF the natural
highways and internal arteries Of our
great network of lakes and rivers.
Mr.. Bailey--I concur in a largo de.
gree with what the Senator has said
but is there any Constitutional obiec.
tion TO the passage of such bill ?
Mr.. Nallace-What | understand to
be the law and the Constitution as de.
clared by the Supreme Court is that
rivers and streams that are not in
themselves navigable cannot be i'm.
proved by the federal government, but
that they are exclusively within the
control of the States.
Mr.. Hereiord-li the Senator will
allow me, | will say that there is a
decision OF the Supreme Court directly
the opposite.
Mr.. Wallace Gentlemen are enti-
tied to their opinion of what the law
is, and am entitled to mine.
Mr.. Bailey-Will the Senator per.
nit me to ask him the question, whoth.
er the admiralty jurisdiction has not
been extended over all the navigable
streams Of the country, navigable from
the ocean up to the very source itself,
provided they are navigable ?
Mr.. Wallace--True; but then it
comes back TO the question, what is o
navigable stream? When stream in
the Spring of the year has merely dc.
scendng navigation and no navigation
Of any character at any other season
of the year, | do not understand it to
be navigable in the sense of federal
control.
Mr.. Bailey-Will the Senator permit
mo to ask him TO what extent The bill
provides for streams that are naviga
bic in the manner he speaks Of?
Mr.. Walllace--There is one appro.
priation in the bill for improvement Of
part Of stream two hundred miles
from tide, and you could not get to
that point with soow IN August.
Mr.. Bailey-W Which stream is that 2
Mr.. Wallace-A part Of river in
Pennsylvania.
Mr.. Herciord-Then | ask the Sen.
ator why he does not move TO strike
IL outY 1t is in the Senator's own
State, let him move to strike il out.
| Mr.. Wallace-lt has come here in
the bill from the House.
Mr.. Horeford-l will inform tho
Senator that that very appropriation
was put in there at his request.
Mr.. Wallace-The Senator is utterly
mistaken. | have never asked for such
an appropriation or any other Of such
q character.
Mr.. Hereiord-Last year the Sena.
tor did
The Presiding Oflicer--Sonators will
please address the chair. The Senator
from Pennsylvania has the floor
Mr.. Wallace--The Senator is utterly
mistaken. never asked for any ap.
preparation for the State of Pennsyl.
vania except for the navigable streams
thereof; Tor the Delaware and Scbuyl.
kill up to the city, by which to send orr
great commerce from Philadelphia to
the sea for tho barbor Of Eric and
therivers Ohio, Monongahela and Ale.