public
works, as in all others, a conveyance of the soil and a cession of the
jurisdiction to the United States. I think this condition ought never to
have been waived in the case of any harbor improvement of a permanent
nature, as where piers, jetties, sea walls, and other like works are to
be constructed and maintained. It would powerfully tend to counteract
endeavors to obtain appropriations of a local character and chiefly
calculated to promote individual interests. The want of such a provision
is the occasion of abuses in regard to existing works, exposing them to
private encroachment without sufficient means of redress by law. Indeed,
the absence in such cases of a cession of jurisdiction has constituted
one of the constitutional objections to appropriations of this class.
It is not easy to perceive any sufficient reason for requiring it in
the case of arsenals or forts which does not equally apply to all other
public works. If to be constructed and maintained by Congress in the
exercise of a constitutional power of appropriation, they should be
brought within the jurisdiction of the United States.

There is another measure of precaution in regard to such appropriations
which seems to me to be worthy of the consideration of Congress. It is
to make appropriation for every work in a separate bill, so that each
one shall stand on its own independent merits, and if it pass shall
do so under circumstances of legislative scrutiny entitling it to be
regarded as of general interest and a proper subject of charge on the
Treasury of the Union.

During that period of time in which the country had not come to look to
Congress for appropriations of this nature several of the States whose
productions or geographical position invited foreign commerce had
entered upon plans for the improvement of their harbors by themselves
and through means of support drawn directly from that commerce, in
virtue of an express constitutional power, needing for its exercise
only the permission of Congress. Harbor improvements thus constructed
and maintained, the expenditures upon them being defrayed by the very
facilities they afford, are a voluntary charge on those only who see fit
to avail themselves of such facilities, and can be justly complained of
by none. On the other hand, so long as these improvements are carried on
by appropriations from the Treasury the benefits will continue to inure
to those alone who enjoy the facilities afforded, w