Year: 1864

ors of the county where the tolls are
collected, provided, however, that no
charge whatever shall be made for
the use Of any river where such inn
provoment has been made, for any
boat, vessel, raft, or craft Of any de-
scription which might or could have
used said river before said improve
ment had been made.


Under another section there is a
provision "that no vessel, boat or
craft shall be charged toll for entering
any harbor constructed under this act
nor shall such harbor be taxed"


From the foregoing citations it must
be very apparent that those interested
in the drafting of such an act, could
not have once thought of applying it
TO stream the size Of the Saginaw
Yet notice has been given by highly
respectable gentlemen that books will
be opened at the Office of G. b, Mott,
in East Saginaw on the 18th inst, for
subscribing the stock of corporation
to be formed for the purpose of inn
proving the navigation of the Saginaw
River, its entire length, at an estima-
ted cost of 100000, under the act
above quoted. The entire length of
the Saginaw River, is from the mouth
of the Cass to the head of Saginaw
Bay, a distance of about twenty miles.
We have not the slightest objection to
any improvement that can be made in
or upon the Saginaw River, along
its entire length, but we would be
glad to be informed by tho projectors
of this corporation what they intend
to do with that portion of the Saginaw
River that runs between Zilwaulue
and its mouth. We are not aware OF
any distractions to navigation in that
paItof IL. The iurgest cruft tiiat ply
tho waters of the lakes find no diff
ficulty. The survey made under the
direction Of the Bureau of Topograph-
ical engineers of the War Department
shows so far as that extended, from
the mouth ofthe river to point above
Bay City, there is depth Of water
varying from thirteen to thirty-two
feet. Opposite Bay City, there is
width enough for the Great Eastern
to make a circuit.


From the fact that advertisement is
made in Bay county the law requir.
ing it to be mado in each county with
inwhich improvements are to be made
we must infer that it is intended to
secure a greater depth within this
county than that mentioned above.


1t is true that work might well be
expended on the bar beyond the mouth
Of the river; but that would be in the
Bay, and not within the 'entire
length" of the river. The act doe:
! - -rri - p--r-- nl-- ---l:-- H..
not advise us that it is designed to con.
struct harbor. If it did, any i'm.
| provement in the Bay would not be an
improvement in the harbor. For il
Saginaw River has harbor, it is not
located in the Bay. A harbor is de-
fined to be ga port or haven for ships, y
or "a place of safety from storms
The harbor, then, in this case, must be
within the river. And so commodious
is it that it would float in safety every
sail Of the Lakes And if it were pos.
sible to give such construction as
would make the Baya harbor, the com
pany could expect no return from any
expenditure, for the act expressly pro-
vides that mo vessel or craft should
he charged toll for entering any har-
Dor constructed under this act If TO
this it is replied that the act is to be
amended by the Legislature, we re-
spond again by saying that the notice
published is for an organization under
the act as it was at that date, and not
as it may be amended.


Moreover, there is, we apprehend,
greater difficulty than this. The
Federal constitution interposes and
says: "Vessels bound to or from one
State, shall not be obliged to pay du-
ties in another. Can the State sup
plant the jurisdiction of the Federal
Government? The United States has
assumed by express statute, admiralty
and maritime jurisdiction over ell wa
ters connected with tho Lakes, in
which vessels of twenty tons burden
be navigated Vessels of that dimen-
sion may not ply the waters of the
Nuskogon, but they may "the entire
length of the Saginaw"


Can this proposed company be act
ing under the impression that duties
may be levied upon the vessel from
Chicago or Buffalo that approaches
Bay City, or upon one that succeeds in
passing the bar in the vicinity of Car
rollton and approaches East Saginaw ?
Would not such vessel contend for
its constitutional rights? If such a
vessel could be charged, then might
all the vessels that pass over the st.
Clair Flats be charged. But that
question has received construction.
Capt Ward once proposed to tho Fed
eral Government, that he would, at his
own expense, clear all distractions
from the st. Clair Flats, if he could
be allowed toll to remunerate him,
based upon an assessment Of damages
during previous years. His offer
could not be accepted. There is anoth-
er difficulty in the terms Of the act
itself 1t is expressly provided "that
no charge whatever shall be made for
the use of any river where such inn
provement has been made for any
boat, vessel, raft or craft Of any de-
scription which might or could have
used said river before said improve
ment had been made. tA - .A


Then, if charges are proposed, they
must be assessed upon steamers larger
than tho City of Cleveland, and upon
craft larger than the Empire or Sui
tana. This Would render the corpora
ton a very innocent thing, and the Pc
cumary returns not remuncrative TO a
high degree.