i9o8 THE CONSTITUTIONAL QUESTION 141 



by such means as were known and ap- Dead Sea. Congress has full power 



propriate." to build or repair the levees of the 



In Cooley's Constitutional Limita- Mississippi River, and to maintain a 



tions it is said : bridge erected over a navigable stream 



"So far as the General Government running between several States; and 

 may deem it important to appropriate if it may maintain, it also may cause to 

 lands or' other property for its own be erected. Indeed, it has exercised 

 purposes, and to enable it to perform this authority several times by author- 

 its functions — as must sometimes be izing the construction of bridges over 

 necessary in the case of forts, light- the Mississippi River, 

 houses and military posts or roads, Wilson vs. Blackbird Creek Com- 

 and other conveniences and necessities pany, 27 U. S. 245, is in relation to a 

 of government — the General Govern- dam which was built under State 

 ment may exercise the authority as authority upon a creek into which the 

 well within the States as within the tide ebbed and flowed, and the ques- 

 territory under its exclusive jurisdic- tion before the court was whether the 

 tion ; and its right to do so may be dam had been built in violation of the 

 supported by the same reasons which power given in the Constitution of the 

 support the right in any case ; that is United States to Congress to regulate 

 to say, the absolute necessity that the commerce, and the Supreme Court of 

 means in the Government for perform- the United States decided in favor of 

 ing its functions and perpetuating its the State upon the ground that Con- 

 existence should not be Hable to be gress had not passed any act in exec- 

 controlled or defeated by the want of ution of this power to regulate this 

 consent of private parties or of any creek, and intimates clearly that if 

 other authority." Congress had passed such an act the 



As Congress has the power to de- State law authorizing a dam to be 



clare war and to create and equip ar- built across the creek would be void, 



mies and navies, it has, the Supreme It is clear that, if Congress under the 



Court says, in U. S. vs. Gettysburg power to regulate commerce may pre- 



El. Rwy. Co., 160 U. S. 681, such oth- vent damming of the creek on the 



er and implied powers as are necessary ground that such a dam would destroy 



and appropriate for the purpose of the navigability of the stream, it also 



carrying the powers expressly given could authorize the building of a dam 



into effect ; and therefore it may take in order to improve such navigability ; 



by right of eminent domain the land and, if it has this right, it certainly 



whereon was fought the battle of Get- can have no less right to guard against 



tysburg, because, this "tends to en- destruction of a navigable river by 



hance the respect and love of the citi- protecting the headwaters and to in- 



zen for the institutions of his country sure a continual supply of water in the 



and to quicken and strengthen his mo- river by the preservation of the forest 



tives to defend them." areas about these headwaters. 



The Constitution gives to the Gov- Mr. Justice Strong says in South 



ernment the power to regulate com- Carolina vs. Georgia, 93 U. S. 4: 



merce. Under this grant Congress "That the power to regulate commerce, 



has enacted laws for the improvement conferred by the Constitution upon 



of harbors, the construction of piers, Congress, extends to the control of 



the dredging of rivers, the erection of navigable rivers between States — riv- 



an astronomical observatory, and the ers that are accessible from_ other 



conduct of a coast survey. It has in- States, at least to the extent of improv- 



vaded the common law by limiting the ing their navigability — has not been 



liability of carriers upon the oceans questioned during the argument nor 



and the great lakes; and it has sent could it be with any show of reason, 



out expeditions to observe an eclipse, From an early period in the history of 



and to explore the topography of the the Government, it has been so under- 



