The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-04

power to provice for the improvement Of sty of IN
bors, and also that OF the Legitimate rc.poaA.
executive In the same relation .,ionab
In matters OF Legislation OF the met uuyu, n WIN
eonstitutionalty II In always material 10 eon4 " An
amount Of public money shall be appropriss~ik III,
with augmented force TO class OF appropristbons vh
are in their nature peculiarly prone 10 10
an' which, being made In the exercise OF incidental pv
ers nave intrinsic tendency to oyerstep The bounds ~
constiiutionality.
II an appropriation for improving the navieaby Of
river, or deepening protecting harbor have refer
ence to military naval purposes then its
whether in amount In the objects TO which il ap
piled, depends mapifestly on the military naval
exgency and the subject matter affords its own mea
sures at legislative discretion Bat II the
for such an object have distinct relation TO the mill
tary or naval wants III the country, and Il wholly
even mainly intended to promote the revenue from
meee then the vagueness OF the proposed
OF the expenditure constitutes perpetual admon Of
reserve and caution. Through disregard Of this It IL
undenabe that In many cases propriations OF this
nature have been made unwiseiy without
beneficial results commemorate with the cost, aud
sometimes for evil rather than good, independently Of
theii dubious relation to the constitution.
Among the radical changes Of the of legislation
In these matters, which, In my judgment the public
interest demands, one Ia return to the primitive idea
OF Congress which required in this class of public works
as IN all others conveyance OF the SOIL and cesson
OF the jurisdiction TO the United States think this
condition ought never 10 have been waived In the
OF any harbor Improvement OF permanent nature,
where piers, Jettes, walls and other like works
TO be constructed and maintained 1t would powerfully
tend to counterfeit endeavors to obtain appropriations
q local character, and chiefly calculated to promote
individual interests. The want OF such provision il
the occasion OF abuses In regard to existing works
posing them TO private encroachment without sufficient
means OF redresss by law Indeed The absence In such
cases of cesson OF jurisdiction has constituted one Of
the constitutional objections to appropriations Of this
class 1t not easy to perceive sufficient for
requringi in the Of asenas forts which does
not equally apply to all other public works. IL be con
sructed and maintained by Congress- in the exercise Of
constitutional power OF appropriation, they should be
brought within the jurisdiction Of the United States
There is another Of precaution In regard to
such appropriations which seems 10 10 be worthy Of
the consideration OF Congress- II u.s. to make appropria
ton for every work In separate BILL that each
shall stand on Its own Independent merits and, II IL
pass shall do so under circumstances Of legsatv
tiny, emitting to be regarded OF general interest
and proper subject Of charge the treasury Of the
Union.
During that period Of time in which the country had
not come TO look to Congress for appropriations OF this
nature several OF the States whose
graphical position invited foreign commerce. had enter
ed upon plans for the improvement OF their barbors by
themselves and through means OF support drawn Ill.
rectly from that commerce In virtue OF express con
stitutionsl power needing for s exercise only the per
mission OF Congress-. Harbor improvements thus
structed and maintained the expenditures upon them
being betrayed by the very facilities they Afford are a
voluntary charge on those only who ut 70 avail
themselves OF such facilities, and be justly COM
planned Of by
On the other hand so long these improvements are
carried on by appropriations from the treasury the
efts will continue I, to those alone who enjoy the
facilities Afforded, while the expenditure will be bur
den upon the whole country, and the discrimination
double injury places equally requiring improvement
but not equally favored By. appropriations.
These considerations, added TO the OF
the whole question, amply suffice to suggest the policy
OF combining appropriations by the general government
to works necessary to the execution Of It's undoubted
powers and OF leaving all Others TO
or TO the separate States TO be provided for their
resources by TO the provision Of the
constitution which authorizes the States lay duties OF
FRANKLIN PIERCE
WARRINGTON December 80. 1851.