The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-10-02
Communications.
ARIsTIDES TO THE WIGS.
No. 3.

THE vETo-THE BANK BILLS, NOS. / AND
The great experiment which the American people
entered upon, shortly after the close Of tho Revou
tionary war, in the science of Government has thus
far trumphed over all the pers dangers and difficulties
which have arisen to arrest its march to successful and
glorious result confedersted Republic Of twenty six
Independent States each sovereign in their respective
geographical limits, bound together in bond of
union and governed by written Constitution form
ed by the original States, and sanctioned by such as
have been subsequently admitted; is Government
complex in Its machinery and character, In the admin
isration of which il is essential TO look with cautious
TO the fundamental law; and while the
powers delegated ought to be fully executed, care
should be taken not to transcend these BARRIERS and
thereby encroach on the powers preexisting in and
expressly reserved by the tenth amendment in the
Constitution to the States respectively to the peo
pie. The several departments, Legislative, Execu-
tive and Judicial, should each move within its own
orbit uncontrolled by the Others except in spe
ciay provided for in the Constitution and each with
in its legitimate sphere Of action should be held ac-
countable, either directly indirectly to the great
body of the American people. To preserve the beau
ty and symmetry Of this system and transmit il UNI
impaired to the latest posterty, is object dear to
the heart Of the patriot; and the best adapted
to the accomplishment Of this desirable end are be
found in the moderation, forbearance, justice and
equality in every measure involving the general well
fare, but above all the limitations on the powers Of
Congress, contained in the Constitution should be
held sacred and involate The guards placed around
the powers delegated by the States the compact Of
union to the Federal head, to prevent an abuse Of
them either by corrupt combinations from accidental
causes the more frequent occurrence Of erroneous
conclusions, drawn from undeniabe premises, are nu.
merous and judciously arranged to afford cer-
tain and sautary check to every attempt to exercise
constructive usurped powers not to be found in the
Constitution. Among these guards is the qualified
Veto on all laws passed by the two Houses of Con-
gress with which the Executive.D Department is invest
ed. Like all other powers essential to Government,
it may he abused; but it cannot, for that reason be
proper to abrogate it. because such principle would
in the end annhilate all the granted powers In the
Constitution they all liable to abuse, and all have
been abused from time to tme in the practical opera
ton Of system. readily admit that this power il
in its nature regal that its frequent exercise is apt to
become odous in the eyes Of free people, who live
under Government purely representative but it is
part of the Constitution. Let it be remembered
that President Tyler, when a member of the Sc
nate, condemned, in strong language a resort to
this power by the Executive, except in cases of
high Constitutional import. Whether the bills
recently returned with objections to the Senate
and House of Representatives, were Of this cha
racter must in tn is and all other like cases forever re-
main question for the exclusive consideration apd
judgment of the Chief Magistrate for the time being
What man can claim to be the keeper of the consc-
ence of the Presidents and who is there that can
swer to his God for breach Of his official oath D.
There none, no. not capable of dischargng this
high trust but he who has incurred the obligation TO
support, protect and defend the Constitution" If it
had been the pleasure Of the President to ask my adj
vice and opinion upon the constitutional point intro
duced into his Veto messages, respecting Bank of
discounts to be created by Congress and operate
all the States of the Union, should, without doubt,
have given him answer, affirming the existence Of
the power and the expediency of its exercise ;such
are my opinions. But il was not my conscience
which was to be satisfied ] had taken no oath held
no power the subject, and my opinions although
honestly entertained and expressed could form rule
of action or justification for President Tyler, whose
convictions equally honest were precisely opposite to
my own. The questions then which arise are, ought
this power granted in the Constitution to the Presi
dent to become obsolete in practicea Has it been SO
considered at any time since the Government es-
tablished and went into operation So far from the
Executive Veto being Dormant power, il has been
from the days Of Washington throughout every sue
cessive administration down to the late session of Con-
gress an active and efficient cheek on the win Of the
National Legislature, which no Chief Magistrate has
failed to interpose all subjects oflegsaton, which
in the judgment of EACH required il for the protection
of the Com titution or the public good.