The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-07

The Veto Of the River ana KaxAsr DnI-
Strikes CsWss1uesssn.
The Rive and Hsrbor bill, " q prompt-
tude which must have excited the admiration
tuton, was cruci6ed by the Bx cutige veto.
General Pierce returned he bill as soon as
possible to the House, m ly ugges ing his
objections for the present, hu prouis ng full
exposition Of his view ON the ice distinctions
of the subject against the reas EN- ling Of the
two houses on the first Monday In December
next.
It is due to the present incambent o. the
White House to recollect that In this veto Glow
ever inconsistent it may be with his OPP Mons
upon other subjects,) it is per ectly consistent
with his votes in Congress heretofore upon all
measures involving the issue Of Internal i'm
provements by the federal government. He
even opposed some bills that were ap-
proved by General jackson, the very
founder of the strict construction party upon
this and other subjects. So in the en-
ployment Of the veto General Pierce goes be
yond Old Hickory in the halr-splitting dis
ordinations Of his constitutional scrupuiosity.
In fact our present Executive bids fair to
eclipse even Captain John Tyler, not OILY in
the distribution Of the spoils in his peculiar
style, but in the number and pungenoy of his
vetoea
In the veto of the River and Harbor bill
General Pierce admonishes the House that he
has not had time, during the expiring mo
ments of the session, to illuminate the House
touching those delicate microscopic distinc-
tions, which are to be found only by dint Of the
most powerful magnifyiDg lenses in the letter
and spirit of the constitution. He ntimases,
| however, that there are some objects in the
bill which are constitutional, though there are
others which are otherwise, and that he will
sign River and Harbor bill if it is only limit
ed to objects which are unquestionably consti-
tutional. And here the question arises, what
are they?
The constitution says that Congress shall
have power to regulate commerce, to lay and
collect taxes upon imports, and all the powers
necessary to carry out the intent Of these spe-
cifc powers. The collection of duties and other
taxes from our commerce carries with it the
obligation of providing for it certain securities
and facilities. Hence lighthouses are established
and maintained by Congress-, hence buoys are
located upon dangerous shoals, and hence, too
rocks and eandbars have been removed, aud
the channels have been deepened in our navi-
oroh1o riuoro oud hnrhoru iun1u1;nr 1orro
number in late years tabooed and vetoed by
Col Polk and Gen. Pierce.
Now, can any body tell what is Gen. Pierce's
line Of demarcation as to constitutional appro-
priations for rivers and harbors. Is it limited
to the point where the salt water ceases in our
seaboard rivers? If 60 the overslaugh at Al
bany is an unconstitutional sandbar Or does
If so, the overslaugh is covered by the con-
stitution and may be removed by its authority.
Or does the constitution, pyeprio vigori, pene-
,rate to every custom house and port of entry
by the river, lake, or canal line, by which such
custom house is reached. If so, the Mississippi
liz constitutional river all the way up to St.
Louis, and the Ohio all the way up to Pits
now, may become constitutional by aud bye.
Establish port Of e1try and custom house
st the Gates of the Rocky Mountains and the
turbid Missouri becomes clearly constitutional
all the way up.
Gen. Pierce, we apprehend, however, is Q
little tighter than this, or there would have
been no legal difficulty in signing the House
bill. Mr.. Richardson, Of Illinois, has expressed
the opinion that Pierce is salt water constitu-
tonalst, OF that at the very bes', he rises and
falls with the tide; and that like regular old
salt, he has constitutional prejudice against
all frs sh water craft and the landlubbcrs Who
pull the oars. This is perhaps the true ground
which our present scrupulous Executive occu-
pies. Else why are the Mississippi and its tri-
butaries and the great lakes cut off from the
Treasury by the merciless veto?
But there are others who think that General
Pierce will agree to Mr.. Calhoun's idea that
the Mississippi and two or three of its tributa-
ries are inland seas, and are therefore within
the reach OF Congress in removing the snags
and sandbars. Gen. Cass has also ventured the
opinion, after frequently travelling over them
in rough weather, that the great lakes are also
inland seas, because they will make . man sea
sick in gale a good deal quicker than the
sluggish current Of the Mississippi. But it is
very likely that the harbors of the great lakes
had much to do with the veto of the bill of
the House.
Upon all these delicate points Congress and
the country must continue in the dark till next
December. Then we are promised food Of
constitutional ]igh, upon the subject; and we
shall undoubtedly get it, extending back TO
the resolutions Of 1913 and '99. Everything
depends upon the interpreted on of the funda-
mental, tor it is as comprehensive or restrictive
apon internal improvements as upon squatter