Presidents -- United States -- Messages; United States -- Politics and government -- Sources
There should be a general law of Congress prohibiting the construction of
bridges over navigable waters in such manner as to obstruct navigation,
with provisions for preventing the same. It seems that under existing
statutes the Government can not intervene to prevent such a construction
when entered upon without its consent, though when such consent is asked
and granted upon condition the authority to insist upon such condition is
clear. Thus it is represented that while the officers of the Government are
with great care guarding against the obstruction of navigation by a bridge
across the Mississippi River at St. Paul a large pier for a bridge has been
built just below this place directly in the navigable channel of the river.
If such things are to be permitted, a strong argument is presented against
the appropriation of large sums of money to improve the navigation of this
and other important highways of commerce.
The report of the Secretary of the Navy gives a history of the operations
of his Department and the present condition of the work committed to his
charge.
He details in full the course pursued by him to protect the rights of the
Government in respect of certain vessels unfinished at the time of his
accession to office, and also concerning the dispatch boat Dolphin, claimed
to be completed and awaiting the acceptance of the Department. No one can
fail to see from recitals contained in this report that only the
application of business principles has been insisted upon in the treatment
of these subjects, and that whatever controversy has arisen was caused by
the exaction on the part of the Department of contract obligations as they
were legally construed. In the case of the Dolphin, with entire justice to
the contractor, an agreement has been entered into providing for the
ascertainment by a judicial inquiry of the complete or partial compliance
with the contract in her construction, and further providing for the
assessment of any damages to which the Government may be entitled on
account of a partial failure to perform such contract, or the payment of
the sum still remaining unpaid upon her price in case a full performance is
adjudged.
The contractor, by reason of his failure in business, being unable to
complete the other three vessels, they were taken possession of by the
Government in their unfinished state under a clause in the contract
permitting such a course, and are now in process of completion in the yard
of the contractor, but under the supervision of the Navy Department.
Public-domain text, read in full here on John Shaqi.
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