The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-03-03


ness between the parties. Mr.. BADGER. Mr..
HAMLIN, Mr.. JEFFERSON DAVIS, and Mr..
JOHN DAVIS, also took part in the general dis
cussiOn.
AS the hours were waxing towards midnight
several bills came in from the House, and the
debate was suspended in order to receive and
refer them They were disposed Of without
objection, till the joint resolution was reached
for the xolief Of Mr.. Richie. This res
olution was read for first time, and Mr.
BADGER called for its second reading. Mr..
TURNKEY objected, and under the rules it could
not be read second time the same day with
out unanimous consent. The bill from the
House for the explanation of the Bounty Land
law, which had been ordered by the Senate to
be engrossed for third reading, with amend
ments, it was then moved to take up, but OBJ
lection was made. The debate on the River
and Harbor bill was then resumed, and all the
amendments proposed were rejected. At this
point it was laid on the table, on motion of Mr.
MANGUM, to enable him to lay on the table a
resolution that the rule of the Senate providing
that bill or joint resolution cannot be read
twice the same day, ifobjected TO, be suspended
The resolution was offered, and lies over
till to-day. The River and Harbor bill was
again taken up, when Mr.. CAss suggested
that the Senate could not pursue the dis
cussion any further without invading the
Sabbath, and at about midnight the Senate
adjourned, leaving the Harbor and River
bill, as we understand, to come up the
first thing this morning as the unfinished bust
ness.
The debate of Saturday was important, as
well as interesting. 1t is now six years since
the power of harbor and river improvements
has ceased to be vital power of the Constitu-
ton. 1t has been extinguished practically by
the vetoes of the Executive From the very
commencement of our Government, down to
the time of Mr.. PoLK's vetoes, harbor and
river bills had been passed without any objec-
ton. They had received the sanction of Con-
gress for half century, and that of every
PRESIDENT, without suggestion Of their being
unconstitutional. When Mr.. Polk was a
member of the House of Representatives he
voted repeatedly for bills Of this description.
without intimating the suggestion of any
constitutional difficulty. The power is de-
rived from the clause Of the Constitution
which authorizes Congress "to regulate
commerce with foreign nations and among the
several States" So largely and literally
was this power construed till very recent pc
Rod, that Mr.. Justice STORY, in his Common
tarics, (writing in 1922 does not hesitate to
say that the power to regulate commerce among
the States extends, under the Constitution, to
" the construction Of lighthouses, the placing
of buoys and beacons, the removal Of obstr1ic-
6 tons to navigation in creeks, riucrs, sounds,
and bays, and the establishment Of securities
to navigation against the inroads of the ocean.
- These powers have been actually ex-
erted by the National Government under a
system of laws, many of which commenced
with the early establishment of the Constitu-
ton; and they have continued unquestioned
unto our day, if not to the utmost range of
their reach, at least to that Of their ordinary
application"
With the authority of this opinion of jurist
so distinguished as Mr.. Justice STORY, we think
that any man who is really DESTROYS of voting
for any river and harbor bill will find himself
hardly justified to his constituents in voting
against the present bill because it contains pro-
visions for removing distractions in the Ten
nessee or Arkansas rivers. We apprehend that
even statesman Of very squeamish and tender
conscience-unless he means, with Mr.. Polk,
to take the broad and general ground that there
is no po,oer in the Legislature under the Con-
stiution to make Improvements Of this description
at al-might vote without conjunction for the
bill now before the Senate, without any
amendment or alteration. The question now
before the Senate is, shall we revivify the
functions which have been suspended by
Baltimore supplements to the Constitution
Or, shall we do what in us lies to extinguish
the beneficial power Of improving the harbors
and internal waters of the United States, by the
suspension of which millions of dollars of pro-
perty, and thousands of valuable lives, have
been lost to the country? For the reply that
the Senate will give to these questions the ma
ton is now looking with intense solicitude.