The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-09-30

ARIsTIDEs TO THE WINGS.

SAaNN sPong snof1iy Atef TIE Close OF ING he'e's
tiOnary war; in the science Of Government, has thus
lar .rumPhsd over all the perls dangers and difficulties
which have arisen to its march to successful and
glorious result confederaiei Republic of twenty six
independent States each sovereign in their respec
geographical limits, bound together in a bond o.
union and governed by written Constitution form
ed by the original States, and sanctioned by such
have been subsequently admitted is Governmen,
complex in its machinery and character in the admin
s,ration Of which it is essential look with cautious
eircumspeclion 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 encrosch on the powers pfe-eIisting in and
expressly reserved by the tenth amendment in the
Constitution to the States respectively the peo-
pie The several departments, legislative, Erecu-
i've, and Judicial, sh ,uld each within its own
orbit, uncontrolled by the Others except in cases spe.
cay provided for in the Constitution and each with
in lis legitimate sphere Of action should be held &C
coun,abe, either directly or Indirectly, to the grea,
body Of the American people. To preserve the beau
~ and symmetry of this system, and transmit un-
impaired to the latest posterty an object dear 10
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 involving the general wei
fare but above all the limitations on the powers OF
Congress, contained in the Constitution should be
held sacred and inviolaie The guards placed around
the powers delegated by the States in the compact OF
union to the Federal head, to prevent an abuse Of
them either by corrupt combinations, from acciden,sI
causes or the more frequent occurrence Of erroneous
conclusions drawn from undeniable premises are M
merous and SO judiciousiy arranged to afford
tain and sauary check 10 every attempt exercise
constructive or usurped powers 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 is invest
| ed Like all other powers essential to Government
it may be abused but il cannot for that reason be
proper to abrogaie it, because such principle would
in the end annhilaie all the granted powers in the
Constitution they are all liable 10 abuse and all have
been abused from time 10 time in the practical opera
ton of our.system. readily admit that this power
in its nature regal that its frequent exercise is apt to
become odous in the eyes Of free people, who live
nnder Government purely representative; bu, il is
a part Of the Constitution. Let it be remembered
that President Tyler, when member of the Sc
nate, condemned, in strong language, 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
racteT must in th is and all other like cases forever re-
main question for the exclusive consideration and
judgment Of the Chief Magistrate for the time being
What man can claim to be the keeper Of the consci-
ence of the PRESIDENT and who there that can an
swer to his God for breach of his official oath p
There is none no, not capable of dischargng this
high trust but he who has incurred the obligation TO
support protect and defend the Constitution" If il
had been the pleasure Of the President to ask my ad
vice and opinion upon the constitutional point intro
duced into his Veto messages, respecting Bank Of
discounts to be created by Congress and operate over
all the States Of the Union, should without doubt
have given him answer, affirming the existence of
the power and the expedency Of its exercise such
are my opinions. But it not my conscience
which to be satisfied had taken no oath held
no power the subject and my opinions although
honestly entertained and expressed could form no rule
of action justification for President Tyler, whose
convictions equally honest were precisely opposite
my own The questions then which arise are, ought
this power granted in the Constitution the Presi-
dent to become obsolete in practice3 Has il been SO
considered at any time since the Government was es
tablished and went into operation So far from the
Executive Veto being dormant power, it has been
from the days of Washington throughout every sue
cessve administration down the late session of Con-
gress active and efficient cheek on the will of the
National Legislature, which no Chief Magistrate has
failed to interpose all subjects of legislation which
in the judgment of EACH required it for the protection
of the Com tit ution the public good.
The cases which may in the progress of the Co
vernment call for the nterposton of the Veto power
must so long as it remains part of the Constitution
of necessity depend the sound discretion of the
President It question which appeals directly 10
the mind OF him whose duty requires him to decide
and to act; and matter how erroneous such deci-
sion and action may be deemed by Others there is
from the nature Of the power, bu, one will TO
consult one judgment to satisfy, and i, is of
complaint that other would have refused TO exer
else the power inthe manner because they hold
differen, opinions, the disputed point The policy
OF making this high preroga,ive power part Of the
Constitution is not drawn in question; it is
enough that il was incorporated into that instrument
by the convention Of 1885, and being power clearly
granted, its application must be left where il was
placed-in the hands OF the Executive, and hold
10 De inconsistent with the principles which ought to
govern the several departments, for either to cast
censure on the other or endeavor to withdraw
from i public confidence when in the exercise
OF powers expressly conferred by the Constitution.
Thus ! regard the movements of the Wings in every
quarter, and moro especially when assembled in
Convention OF the Representative branch of the Go
vernment, as derelicton from sound policy, even in
respect to the integrity of their own party unwise
as its tendency inevitably must be division and defeat
and unjust towards the Chief Magistrate of their