Madison Whig advocate., 1840-05-09


from whatever cause they may arse;n or IN
other words, by another issue OF Treasury
notes. or loan in some other form, 20 lnc1r
s.that very creation OF public debit with the
denunciation Of which ne had embelllshed his
discourse at the opening of the session OF
Congress.
/ Let US look little farther into the Presi-
dents late annual message TO Congress, 10 see
/ IT II furnishes TO the Conservatives any ground
10 expect change either of policy or doctrine
on any OF the questions on which they have
d. d.tfered with him. Does he renounce any OF
those dangerous and anti-republican claims OF
eTecuttre Poaoer, which We have seen, have been
/ heretofore advanced BY him and his friends =
SO far from IL, he has, IN the onIinous declara-
| tioDs he makes in his messag ge s-that the Execa-
| tive forms component part of the legislative
/ pOweF,r put forth new and bs tar the boldest
and most unconstitutional preTeRsion, in behalf
of Executive power, that ever was ayowed or
eountenanced by any Statesman in this coun-
try. Where can the President find any thing
10 give color 10 SO dangerous dogmat The
rery first line of the constitution of the United
ciarng thar s'au LsgIstatIUe poceTs herein grant
/ ed shall be vested IN the Congress of the Unit
ed States, which sh al consist OF Senate and
| House of Representatices." Will the President
endeavor to mad some sanction to this bold pre-
| tension in that provision of the Constitution,
which directs that hen "a Bill ha. passed the
| two Houses of Congress, II shall be presented
TO the President for his Signature, snd II he re-
fuse 10 sign 1t, he NAV return II with his obIec
| tions the House in which il originated l''-
But this very same provision expressly dt clares
| that though he has refused TO sign II, vet the
Bill 'sshGH become L4ig,' lcittotEt hs sIndtlGrc
| if two-thIrds of both Houses oyeF-ruie his
| objections. The same provision, also declares
that If "a Bill be not returned BY tie President
| within ten days, after il shall have been pre-
sented to him, the same shall be .aw, IN like
manner as if he had signed it." This very
provisian of the Constitution, then, showing
| that a Bill may S'become a law" without the
| concurrence of the President, gives the
slightest support TO the sweep claim now
brought forward by him, that the "executIye
forms a component part of the Legislative
power" while that claim, as already remarked,
| is most emphatIcally repudIated and condemn
ed by the tIl<t ttge of the Constitution, which
declares that ''aH lsgisiaiire powers herein
| granted" are vested1n the two Houses of Con-
gress.
If this extraordinary declaration of the Pre-
sident were a mere barren theory, revolving as
II Is to the understanding, 1t might be permit
ted to pass without the expression of any other
sentiment than that of Especial wonder'' that
a statesman who had passed through a success
sioa OF public trusts to the very highest known
TO the Constitution, should so strangely have
mistaken the text and the spirit of the 'sgreaI
chaTter' by which he holds his office, and which
IN limiting and defining the powers and duties
OF public functIonanes, intended to give the
highest practical security to. the public Ilber-
ties. But II IS no empty speculation, on the
part OF the President. Ii shews the overyveen-
ing anxiety with which he is intent on the as
sertion OF eTeeutire prerogGtfge, and how prone
he Is to contound the abuses of executive ~
huence over the Legislative department IN the
practical administration of the government,
(which he himself by his system OF party dis
clplIne, has SO largely contributed 10 IntrOduce)
with the sacred text of the Constitution itself
| This new Executive reading of the COnstitu-
ton was, doubtless, intended and has been So
interpreted by the Presidents party, 10
claim a wide latitude IN the use and appiica-
ton OF the reto power: for, the 'sExecutIve
be a component part of the Legislative power,''
ne would be justified in Withholding ms a9gro-
raj of any act of Legislation, on the same
principles which would Justify the non-concur-
renee of any other component part'i OF the
Legislature-of the Senate or House of Rep
| resentatives, for example, in respectively de-
Gliding on Bills sent from one House 70 the
other. nd a mere difference of opinion
as 10 the expectancy of the measure proposed,
has ever been held TO Justify one House in re-
jecting Bill passed by the orher,.so a like diff
| ference of opinion, under this reading of
the Constitution, would Justify the President.
as component part of the Legislative power.'
in apply ing the qualified negative or veto, which
the Constitution gives him for special and ex-
traordInary occasions, to any act of Legislation
passed by the Houses, of the expediency
of which, he may not entertain the same views
that they do.
To shew how utterly inconsistent this new
view of the applications OF the Presidential
veto, is with the old republican doctrines, |
need only refer YOU TO Mr.. Jefferson's Official
opinion presented TO Gen. Washington on the
consfitutionality of the Bank charter in 1871,
in which he says, the veto as intended b. the
Constitution shield 10 protect the cOnstltu-
tional rights of the States and of the co-Ord.-
nate departments OF the government from the
invasions of the Legislature, and even IN such
cases, it ought not TO be intcrposed, unless the
question should appear 10 the mind of the Pre-
sIdent TO be a s-clsGr'' one. and free from all
| reasonable doubt. If however, under the no.
vel theory preached By the present Chief Ma
gistlate, this high and delicate power, from be-
| ing s'the extreme medicine. is 10 become the
daily food of the Constitution" and NAV be
| legitlmately used TO arrest an ordinary act Of
| Legislation, upon mere difference OF opinion
as TO its ex pedency, il is plain. that il WORKS
| at ence a fundamental revolution IN our Re
publican system, imparting 10 the Executive
power in irresistible energy, and enabling the
| President, in practice. habituallY TO SET al
/ naught the decisions of the Legislative depart
menf; for, with the great influence his station
confeTs, he can rarely. II ever. tail TO Command
| the support Of oae-tsird of one or the other OF
tne two Houses of Congress, which would De
sufficient TO sustain MS negative, aud thus put
il IN his power, BY his single nat, 10 control al
| the rest both bodies Of the Legislature
| In relation TO the dangerous schemes OF rad
icai innovation heretofore Recommended and
encouraged By the President on the subject OF
the currency. and 50 deeply affecting The daily
interests of life which sscone home 10 the husI-
ness aud bo=oms of men, the late Message.
| instead of disclosing any salurary modification
of his former opinions, re-pToduces those opin-
/ ions in more naked, unequIvocai and alarm
| ing form than they have ever. heretofore. been
| presented II is evident. whatever may have
been said by his paTtizans to the contrary. that
he aims total overthrow and destruction vi
| the erisrIua monetary system OF the country.
| and not merely safe and prudent reform oi
| the errors and abuses which may have attend
| ed it. After speaking OF certain gross irrsgu-
| laritiss in the course of business lately pnr-
sned by the Pennsylvania Bank of the United
States. and one or two other banks. Irregular
| tiles for which the system, IN general, Cannot
with Justice. be held snswerabIe, for taey CON
~isted IN an acknowledged abandonment Of the
| fundamental principles and designs of banking
and "a deviation,r a. the President himssli
saws, <<frorn the former course OF business II
| this counfry,,s) he proceeds the exhibit hi Oh
| ly wrought picture of the evils and calawir1ea