Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-12-02

though supported by these gentlemen. il was ON.
posed by DR.. Franklin, Roger Sherman, Of Con
nec'icu,, Madison, Butler of South Carolina. and
Mason OF Virginia; and was therefore neg,,ived
MIR. Butler and DIR. Franklin then wished TO
give suspending instead of a negative power
but this was overrulcd, and the blank of Mr.. Ger
rvs resolution was filled up, SUB silcnfio. with
tao thirds, and the question being taken on :he
motion, as thus stated, 1t received the votes of
eight States, Connecticut aud MARYLAND vo,iny
In the negative. On the 9th June, accord;uy 10
previous notice, MIR. Wilson and Mr.. Madison
moved to reconsider the vote, excludinu the iudi-
ciary from share in the revision and neuatiye nj
the Executive, with the view Of reinforcinu the
latter with the influence of the former. But tho
Mr.. Madison urged the plan of associatipo the
judges in the revisionary function of the ESecu.
tive. or thereby doubling the ADVANTAGES and di.
minshing the dangers, and as enabling the Judi
ciary better to defend itself against Legislative en-
e!oachments, was as eloquently opposed by Mr..
Jerry and others, who thought that the Execu-
tive, while standing alone, would be more i'm
partial than when he could be covered by the
sanction and seduced by the sophistry of the iud
ges; and 1t was finally rejected. Two DAYS af.
Ter, AT the conclusion OF an animated debate the
subject of giving the National Legislature neg
alive on The several State laws, which was first
suggested to the convention by Mr. Rapdolpb's
resolutions, and subsequently, brouuh, up for re-
consideration by MIR. PInckney and Mr. Madison,
was also voted down, three states in the aflirna-
tive, seven in the negative, Delaware divided.
On the 18th of June, MIR. Hamilton offered to
me convention plan OF government, i'm the 4ih
| article OF which the veto power was unouaIf,d-
| y conferred on the Executive. The next day.
MIR. Gorham, from Mass, reported from the con-
mittee appointed TO reconsider the various promo
sitions before the convention, and the tenth reso.
iuuoh OF that report says: '''rhat the National
EAscuuVe snail have right to negative any le-
gisiative act which shall not be afterwards pas
seu, unless by two-thirds of each branch of the
National Legislature" The convention proceed
ca to take up the several articles and clauses of
hs report, and it was not till the 18th July that
!he tenth resolution became the order of the day;
II was then passed mem. con. On the 2lst how
| ever Mr.. Wilson still entertaining his original
views as TO the union of the Judiciary with the
| Executive on the veto power moved an amend
nent to the resolution, which gave rise TO most
interesting debate, in which MIR. Ellsworth, from
Conn, Mr. Mason, from Va, and Mr. Madison
ana Mr. Governenr Morris, of Penn, sustained
| thesviews of Mr. Wilson; and Messrs. Gorham.
gerry, and Strong, of Mass, Mr.. Martin, of Md.
aud Nr. Rutledge, of S. e.. opposed them, and
the amendment was lost The original resolu-
tion therefore, was again passed.
Having gone critically through the report of
the committee, the various resolutions which had
Deen agreed to We're, on Thursday, Goth july re-
Tered to Committee of Detail, 20 report on Mon
DAY, August 9th, draught of the Constitution.
Tins committee, OF which Mr.. Rutledge was
chairman, reported on the day assigned, and the
! veto power was conferred by the 18th section ut
9th article. This paragraph, as reported bv the
! committee came, under discussion on Wednes.
DAY, l3th August, when MIR. Madison moved an
amendment which revived the previously agita
ted question of uniting the Judges of the Su-
Preme Court with the President in his revision
ana rejection OF laws passed by Congress- Much
debate followed. Mr.. Wilson and Mr.. Mercer
supported MIR. Madison, and Mr.. Pinckney on
posed. The amendment was ost-three states
voting Tor 1t, and eight against it. HAVING TINS
surveyed the subject in all its bearings. the Con-
st'ution, amended, altered, and perfected, was,
on the 18th September 1887, signed by the Con
vention, and constitutes to this day the basis of
our government. The veto power in this Con-
suintion Is thus expressed, article |, section 7:
EVERY bill which shall have passed the House
OF Representatives shall, before it becomes a
| raw, be presented to the President of the Uni
Yea States; II he approve it he shall sign il; but
~ not, he snail return ii with his objections, to
mat house In which it shall have originated who
snail enter the objections large on their journal
and proceed TO reconsider it,"
The first use of this constitutional power was
oy washington, who, on the 9Th April 1899, We
toed the Misrepresentation Bill' which ORIGINATED
IN the House of Representatives. AS this. from
us priority, is an event worthy of extended no.
'ce, we give the circumstance of the case as brief
~ related by Jefferson, then Secretary Of State:
".Ip'1f 6M.-l'he President called on me before
iva" ito', anu htSt introduced some other matter,
,hen Tell on the Representation Bill, which he
MAD now In his possession for the 10Th day. I
hau before gwen him my opinion in writing that
tne inethod oil appointment was contrary TO the
constitution. He agreed that it was contrary TO
the common understanding of that instrument,
ana 10 what was understood at the time bv the
makers OF IT. that yet it would bear the construc-
tlon which the bill put; and he observed that the
Vole for and against the bill was perfectly peo.
graPhical-a Northern againsta Southern Vote
ana he feared he should be thought TO be takinu
SIDE with Southern party. / admitted the mo-
1--WE oil dellcacy, but that it should not induce
MN 10 DO wrong, and urged the dangers to which
the scramble Tor the iractionary members would
always lead lie here expressed his fear that
there would ere long, be separation of the Uni
on; that the public mind seemed dissatisfied and
lending TO this. He went home sent for Ran
HolPh, the Attorney General, desired him TO get
MI Madison Immediately, and come TO me and
II we three concurred in opinion, that he would
negative the bill. He desired to hear nothing
more abontit, but that we would draw up the in |
strnnent for him to sign. They came-our minds
had been before made up-we drew the instru- |
ment: Randolph carried i. TO him, and told him |
we all concurred in it. He walked with him to
the door, and, as if he still wished to get of, he
SAID And you say you approve of this your
sell s! YES, sir" says Randolph, II do, upon |
my honor. He sent it to the House of Repre- |
sentaives instantly. A few of the hottest friends
OF the bill expressed passion, but the majority |
were satisfied, and both in and out of doors il |
gave pleasure to have at length an instance of the
negative being exercised. Written this the OH
April"