\ [y)i> sj 50th Congress Jst Sens loNGRESS, A ( SENATE. ) ■ f j Ex. Doc. LETTER FHOM THE ACTING SECRETARY OF WAR, * I{ECOMMKXI)IN(J Legislation relath-e io ilte regulation of the Saint Glair Flats Canal. Ski'TEMUKk 10, 18S8. — ReiernMl to tlie C'oiiiinittoe on Commerce and ordered to bo printed. War Department, Washington City, September 8, 1888. Sir : The Acting Secretary of War has the lionor to transmit herewith » a copy of a letter of the 7th in.staut from the Acting Chief of Engineers, reUitive to the blocking of commerce through the Saint Chiir Flats Canal, Michigan, caused bj' the grounding of certain vessels presumed to be due to the carelessness, recklessness, or obstinacy of the pilots or masters of the vessels and their failure to observe the rules and reg- ulations for the navigation of the canal established by the Secretary of War under section 3 of the act of August ll, 187(5, chapter 207, and to recommend that section 7 of the river and harbor act of July 5, 1884, be amended so as to include the Saint Clair Flats Canal in its provisions, in order that he may have authority to prescril)e rules and regulations in respect to its use and administration. K. Maofeely, Acting Secretary of War. The President pro tempore United States Senate. Office of the Chief of Engineers, U. S. Army, Washington, D. C, September 7, 1888. Sir : A letter from Col. O. M. Poe, Corps of Engineers, reinforced by telegrams to the President and Postmaster-General of this date from prominent citizens .»nd oflicers of chamber of commerce and shipping associations, shows that by the grounding of certain vessels the entire commerce through the Saint Clair Flats Canal is, temporarily at least, completely blocked. I have no information as to the primary cause of the grounding of the vessels, but presume that it is due to the carelessness, recklessness, or obstinacy of the pilots or masters of the vessels, and their failure to observe the rules and regulations for the navi^iition *()^' the canal es- tablished by the Secretary'of War Decei-iber G, 1877, and amended by indorsements of December 4 and 10, 1878, under the third section of the act of Congress of August 14, 1870, chapter 207. This section im- SAINT CLAIR FLATS CANAL. poses a poimlty of $1,000 lino for willfully and unlawfully in.jiiriiisf any pier, breakwater, or other work of the United States for the improve- uient of rivers and harbors or navigation in the United States. In the l)racti(!al enforcement of this act at particular localities it is found that the act does not sr^Iiciontly provide for the juotection of navigation against blockades, which, whil'> not injuring any i)ublic work of im- ])roveiMent may cause great loss and inconVenienco to commerce. Con- gress has recognized this fact by i)assing laws relating to particular works or localities. , Section 7, river and harbor act approved July 5, 1884, makes it the duty of the Secretary of War to prescribe rules and regulations in re- spect to the use and .administration of the Des Moines Rapids Canal, Saint Mary's Fulls Canal, and the Louisville and Portland Canal, and ex- acts a i)enalty of tine or imi>risonnient for the violation of said rules and regulations. Section 5 of the river and harbor act of August 11, 1^88, authorizes the Secretary of War to make rules and regulations for the navigation of the South Pass ol the Mississippi Kiver and imposes fine and imprison- ment for their violation. On i)ages 22 and 23 of the same act a similar provision is made as to the lules and regulations for the use and administration of the reser- voirs at the headwaters of the Mississippi liiver. There appears to be no good reason why the navigation of the Saint Clair Flats Canal should not be guarded and protected by an act of like import as that relating to the Saint Mary's Falls Canal, both being links in the same commercial chain. It is therefore earnestly recommended that Congress be asked to pass an act to accomplish this end, in substance as follows, viz: That section 7 of an act making appro2)riations for the construction, repair, and preservation of certain public works on rivers and liarbors, and for other purposes, approved July 5, 1884, be amended so as to include in its provisions the Saint Clair Flats Canal, Michigan. Very respectfully, your obedient servant, Clinton B. Sears, Captain of Engineers U. S. A., in charge of Office. Brig. Gen. Egbert Macfeely, U. S. A., Acting Secret ray of War.