The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-02

we are still to gather from H. II IL continues dsfgure
our system. Il may be observed, however, gene
raj remark, that Republics commit greater error
than TO adopt continue any feature in their systems
OF Government which may be calculated TO create or
increase the love OF power In the bosoms OF those 10
whom necessity obliges them to commit the manage
ment OF their affairs. And, surely nothing is more
| likely TO produce such state of mind than the long
continuance of an Office of high trust. Nothing
be more corrupting. Nothing destructive Of all
those noble feelings which belong the character OF
devoted republican patriot When this corupting
passion once takes possession Of the human mind like
the love OF gold il becomes Unsuitable. II Is the never
dying worm his bosom, grows with his growth, and
strengthens with the declining years OF Its victim II
this is true il is the pant Of wisdom for Republic to
limit the service Of that officer at least 10 whom she
has entrusted the management OF her foreign relations,
the execution of her laws and the command OF her ar
mics and navies period short prevent his for
genglhat he the accountable agent not the principal
the servant not the master. Until amendment Of the
Constitution can be effected public opinion may Sc
cure the desired object give my aid to it, by
ing the pledge heretofore given, that under cir
cumstances, will consent to serve second term.
But if there is danger to public liberty from the
knowcdged defects of the Constitution, in the want
of limit TO the continuance Of the Executive power in
the hands, there is, | apprehend, not much less
from misconstruction of that instrument, il re-
CARDS the powers actually given lcannot conceive that
by fair construction, any either of its provisions
would be found to constitute the President part OF the
Legislative power. II cannot be claimed from the
power to recommend since, although enjoned as n
duty upon MIN, it is privilege which he holds in
common with every other citizen And although there
may be something more of confidence in the proprety
of the measures recommended in the than in
the other in the obligations Of ultimate decision there
can be no difference In the language Of the Consti-
tuition, all the legislative powers" which It grants
"are vested in the Congress the United States II
would be soecism in language to say that any por
ton of these is not included in the whole.
1t may be said, indeed, that the Constitution has
given TO the Executive the power to annul the acts
the Legislative body by refusing to them his assent
So similar power has necessarily resulted from that
instrument to the Judiciary and yet the Judiciary
forms part of the Legislature There is it is true,
this difference between these grants Of power; the
Executive can put his negative upon the acts of the
Legislature for other than that Of want of con-
formy to the Constitution, whilst the Judiciary
only declare void those which violate that instrument
But the decision of the Judiciary is final in such
case whereas in every instance where the veto Of the
Executive is applied may be overcome by a,vote of
two thirds of both Houses of Congress- The mega
tive upon the acts the Legislative by the Executive
authority, and that in the hands OF one individual
would seem to be an incongruty in our system. Like
Others of similar character, however appears
to be highly expedent, and if used only with the for
bearance and in the spirit which was intended by its
authors it may be productive of great good, and be
found one Of the best safeguards to the Union. AT
the period Of the formation Of the Constitution, the
principle does not appear to have enjoyed oh favor
in the State Governments. 1t existed but in two and
in one of these there was plural Executive If we
would search for the motives which operated upon the
purely patriotic and enlightened assembly which franz
ed the Constitution, for the adoption of a provision SO
apparently repugnant to the leading democratic princ
pie, that the majority should govern, must reject
the idea that they anticipated from it any benefit to the
ordinary course Of legislation. They knew too well
the high degree Of intelligence which existed
among the people, and the enlightened charac
ter Of the State Legislatures, not TO have the fullest
confidence that the two bodies elected by them would
be worthy representatives of such constituents and of
course that they would require aid in conceving
and maturing the measures which the circumstances of
the country might require. And it is preposterous to
suppose that thought could for moment have been
entertained that the President placed at the Capital
in the centre Of the country could better understand
the wants and wishes Of the people than their own i'm
mediate Representatives who spend part ofevery year
among them, living with them, often iaborng with
them and bound to them by the triple tie of interest,
duty and affection. To assist control Congress then
in its ordinary legislation, could not, conceive have
been the motive for comforting the veto power the
President. This argument acquires additional force
from the fact OF its neverhavng been thus used by the
first six Presdents,-an two of them members
OF the Convention, one presiding its deliberations,
and the other bearing larger share in concentrating
the abors Of that august body than any other person
But if bills were never returned TO Congress by either
ofthe Presidents above referred to- upon the ground
of their being inexpedent, not as well adapted as
they might be TO the wants of the people the veto was
applied upon that of want of conformity to the Constr
tuton because had been committedfrom too
hasty enactment.
There is another ground for the adoption of the We
to principle which had probably more influencein re-
commenting II TO the convention than any other Ire
fei to the security which gives to the just and equ
table action of the Legislature upon all parts OF the
Union. It could not but have occurred to the conven
ton that in country extensive embracing so great
variety Of soil and climate and consequently OF pro-
ducts and which, from the same causes, must ever ex
hbt great difference in the amount OF the population
Of its various sections, calling for great diversity in
the employments of the people, that the Legislation
of the ma jory might not always justly regard the
rights and interests of the minority And that acts OF
this character ght be passed. under express grant
nv the words of the Constitution, and, therefore, not
within the competency of the judiciary to declare
void. That however enlightened and patriotic they
might suppose from past experience, the members OF
Congress might be- and however largely partakng, IN
the general Of the liberal feelings Of the people, was
possibIe to expect that bodies constituted should
moi sometimes be controlled by local interests and sec
tional feelings 1t was proper, therefore, to provide
some umpire, from whose situation and mode 81 APP
continent more independence and freedom from snch
Influences might be expected Such one was aliord
ed by the Executive Department, constituted by the
Constitution person elected to that high Office,
having his constituents in every section State and
subdivision of the Union, must consider himself
bound by the most solemn sanctions & guard, protect
and defend the rights of ALL and OF every portion, great
snail, from the injustice and oppression OF the rest
consider the veto power therefore, gwen ny the Con-
sttulion 70 the Executive Of the United Staes, solely
as a conservative power. To be used only, fist, to
protect the Constitution from violations IDLY, the peo
pie from the effects Of hasty legislation where their will
has been probably dsregarded not well undcrstood
and 3rdIy To prevent the effects OF combinations yio
laye OF the rights OF minorles La reference 10 the
second Of these objects, may observe that ! consider
it the right and privilege Of the people to decide dis
pued points Of the Constitution, arising from the ge
neral grant of power 10 Congress TO carry into effect
the powers expressly given. And believe with Mr.
Madison that repeated recognitions, under varied cir
cumsiances in of the Legislative, Executive, and
Judicial branches OF the Government accompanied by