The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-08-07
WILL. IT STAND:
Sensational Rumors About the River
'.t and Hnrbor Bill.


Sensational Rumors About the River
and Marbor Bill.
WASHINGTON, August ga correspond.
ent writes from this city: The river and
harbor appropriation bill may possibly yet
berendercd ineffective by cabinet action.
Since my dispatch Of last Thursday, giving
the inside history Of the veto have added
to my knowledge Of White House affairs
sufficient to convince that the President
and his immediate advisers arc disgusted
with the way in which the passage Of the
bill was secured, aud mean 10 exhaust
every resource In ascertaining just what
the rights OF tho executive are toward ar.
resting expenditures, the appropria.
tious OF which have been vetoed on
constitutional grounds. My informant
states the case as It now stands IN the Ian.
guage that follows: "The President feels
bis position towards the present Congress
TO be one Of oipeculiar delicacy. Tho Rcpub.
lican majority Is too small to afford tho for.
nation OF an administration purity among
It's members and the executive, being liter
nlly without Congressional backing has
TO go, SO to speak, on his
own hook. II he forms n good de-
termination, and one that meets with pop
ulrr favor, one faction OF the Republican
Congressman will cry out shut 1t is n
trick for 'S4, and do their best to thwart
the Presidential purpose. If he defines
middle and conciliatory policy, the other
faction accuses him Of bargaining with the
Democrats, and resort 10 every partisan
trick to fetch upon his plans discomiit.
ure." 81.
Now, then. laying aside NIL consid.
eration OF what the Presidents original in.
tentions were towards the River and
llarbor bill and all considerations OF the
various stages OF his mind until he
resolved upon the veto, this fact must
stand out, that the way in which the bill
passed over the veto was at least suspi-
cious.
1t is said that when the President had
nearly determined upon the veto, Roscoe
Conkling removed his hesitation by show
ing that even il he did veto, Congress would
over pass the veto and take the responsible
ity, leaving to the President the credit OF the
veto. don't believe the President signed
the veto because he belived the bill'would
pass over it. l have reason to believe that
the President felt rather certain that his
veto would be upheld and know that the
President has been given the opinion OF
one OF the greatest constitutional law
ycrs in the United States upon the Ques.
tion Us TO whether the bill legally over.
passed the veto and all, the weigh. oi this
advice lies against the constitutionality OF
the harbor and river bill rs it now stands,
and the Executive has been counseled OF
the propriety OF devsing means to have
the appropriations withheld. II they be,
there will be contest OF sufficient magni-
tude to either split up the present parties
or to give them both all the issues they
want for 1854.
Upon what grounds can the bill be re.
sisted?
"Why, plenty OF grounds. The Presi-
dent in his veto pronounced certain Of the
appropriations unconstitutional and gave
his reasons for SO pronouncing them. II the
reasons were good, then the appropriations
are unconstitutional and no legislation OF
Congress Gun make them otherwise. II
the appropriations are unconstitutional
they should not be paid, and there are many
ways OF stopping the Treasury from pay.
ing out money OH their account The
President places himself in an attitude
OF constitutional objection to these
appropriations, and Congress, after hear
ing his objections, without argument,
without word OF discussion, vote 10 over.
ride the veto. They virtually say the
Presidents objections are not worthy OF
their consideration. Docs it not look rs
il it were incumbent upon the President
10 show that his objections were sound,
and ure still sound, and 10 put them into
operation? lie has been strongly advised
to do this, and il he should conclude TO do
80 it would teach Congress good lesson
Then there is iar more important CON.
sideration affecting the method by which
The bill was over.passed. No member OF
the present Congress can plead ignorance
OF either the custom, the law, or his rights
in regard to vetoes and the way Of over.
coming them because the present Congress
has had all necessary experience in such
matters. Now the Constitution requires II
two.thirds vote to pass bills over Presiden-
tial vetoes, and the vote must be an actual,
and not merely an apparent, two.thirls
vote. The President has been advised
that the vote in the House passing the River
and Harbor bill oyer his veto was sutli
ciently irregular and has enough good OBJ
jections to it To- raise the question rs to
whether it was an actual constitutional
twO.thirds vote. The advice is based on
the following fact, namely That in the
House the bill received but one vote above
tho necessary twotlirds and that at least
four OF the affirmative votes should not
have counted, because in the announced
pairs at least two OF the opponents OF the
bill were paired each with but one support.
er instead OF two, Us should be the case in
all ballots where two.thirds vote is re-
quired. E-..l. @
The Constitution empowers Congress to
make rules for their own conduct. and
among the customs which have grown
up under Congressional procedure
is that Of pairing to preserve the
representation d members, necessa.
rily absent, it is evidently fair on
bills requiring mere majority to pair one
absentee against one member OF opposite
views in the voting, but it is manifeslly
unfair in ballots requiring two.thirds
majority for the passage Of bills to allow
the vote OF any opposing absenteet to be oil.
set by the unvoted ballot Of but one sup.
porter Of the bill.
In all such cases n supporters vote is
worth but half the vote Of m opponent
and the opposing absentee is entitled to
pair with two supporters, and in ull cases
where he is paired with but one,
the tally will be wrong. Ii it docs
not count his partners vote, this
has been the custom in Congress
and has never been violated until now. In
tho House on the occasion Of passing the
river and harbor bill over the Presidents
veto several OF the opponents OF the bill
were paired singly with supporters,
and it was only by allowing
these to pass as full pairs
and allowing the impaired complement to
cast full votes, that the two.thirds vote was
made out, this cannot be considered either
a fair or constitutional two.thirds vote and
it forms sufficient basis for objection to
IL II.