If it may make a road
upon the soil of the States, it may protect it from destruction or
injury by penal laws. So of canals, rivers, and harbors. If it may put
a dam in a river, it may protect that dam from removal or injury, in
direct opposition to the laws, authorities, and people of the State in
which it is situated. If it may deepen a harbor, it may by its own laws
protect its agents, and contractors from being driven from their work
even by the laws and authorities of the State. The power to make a road
or canal or to dig up the bottom of a harbor or river implies a right in
the soil of the State and a jurisdiction over it, for which it would be
impossible to find any warrant.
The States were particularly jealous of conceding to the General
Government any right of jurisdiction over their soil, and in the
Constitution restricted the exclusive legislation of Congress to such
places as might be "purchased with the consent of the States in which
the same shall be, for the erection of forts, magazines, dockyards, and
other needful buildings.
Pages:
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633