The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-12-03
From the National Gazette,
THE VETO POWER.

Governor Paine, after charging Washington and
his associates in the Convention that devised he
Federal Constitution, with predictions for mo n
archy, and want of due reflection upon conse
quences, says that the veto power of the British
crown was des gned only TO protect its own pre-
negatives, AS the British Constitution is not one
written instrument, but consists Of Magma Char
Ia and various acts of Parliament, neither of
which grants any such power, we know not how
Governor Paine could have ascertaned that it
was limited to this one object. According to the
theory Of the British Constitution, the crown is the
sovereign and the people are The subjects, and
consequently that tho powers of the crown ure in.
herent, and the powers of the peop''e are grants
from the crown Notwithstanding tho equivica-
tons and subterlages Of Blackstone, the Norman
conquest was conquest of the liberties Of Eng
land, and not mere change of kings, But as the
English barons would not stay conquered they
continually exlorted different grants from different
kings, which were frequently resumed or violated,
ill they eAtorted Magma Charta from King John
This, however liberal its terms, was merely
grant, and the pr, icges which the barons derived
from it, and they alone derived any, were n gift by
the crown. Therefore whatever was not given,
was reserved land whatever was reserved was con-
sdcred as inherent in the crown. Among the res
eryatons which are called prerogalives, is the un-
qualified, absolute negative upon all bills, or reso-
lutons passed by both houses of Parliament. AS
this is reservation of inherent power il would be
unlimited unless confirmed by some Of the grants;
and us it extends to all bills and resolutions it
cannot be so confirmed, II therefore covers the
whole ground, is reserved without limitation, and
can be used TO prevent encroachnents on the roy
al prerogatve, and for every other purpose. How
then can Governor Paine suppose that the veto
power of the British crown can be exercised only
to'prevent encroachmens upon the royal preroga-
tive' The sovereignty Of the crown would imply
the contrary, and compel him 10 show such limila
ton in Magma Charia or some other document;
aud as the king can veto all bills, us Blackstone
would have told him, had he read it, he nigh,
have perceived that it could be used 10 proven,
popular rights through hasly legislation.
lie says that even for this purpose il has not
been exercised by the king for more than two CEN
turtles Perhaps he can find few cases in The
quarrelsome reign Of Charles l.; for until the Par
lament drew its sword against that peridous and
blundeIng tyrant, his whole reign was series of
demands oy his subjects and denials by himself.
But 80 soon us the sword was drawn, the reign of
Charles was ended; and his son was permitted TO
reign as limited monarch. With the restoration
Of Charles IT, began the present English monarchy;
for the muck Wanted revolution Of 1868 was on
~ confirmation Of the popular rights secured by
that restoration, the ministry must be supported
by minority Of the commons, they would pro-
pose nothing which would not be passed in that boz
DIV and which tho crown would not sanction.-
Therefore in practice, the crown can have no OPP
portunity for exercising the veto power. These
facts will show Governor Paine why the veto pow
rhas not been exercised again. Such exercise
would be in fact, n veto, BY the minister's of their
own act Of Parliament. Then it Governor Paine
would cite this misuse Of the crown in England MS
IN example of the United States, and infer from
it the ex2adiency Of abolishing the Presidents vc-
to power, he must introduce into the Federal Con-
s,iuiion the machinery for the disusc md uoi on
ly transfer the Presidents responsibility to tho
cabinet, but render the members Of the cabinet ell
igible to Congress. American would stare at the
proposition to make the Secretary of the Treasury
member and leader Of the House Of Represen-
ives, and the Secretary of State a member and
leader Of the Senate.
lie SAYS that the early settlers Of Vermont were
too jealous Of liberty 10 nllow such Il power place
IN their Constitution. Were they more Jealous Of
liberty than tho early settlers Of Massachusetts,
New Hampshire or Connecticut Were thew more
so than the people Of New York or Pennsylvania
when they adopted their present constitutions
Yet in each of these FIVE states, as in many more.
does the veto power exist. If it is to be REGARDED
ns a test Of jealousy for liberty, turbulent Massa-
chusets and obstinate Pennsylvania must be rath-
er tame on that subject! II exists 10 in majority
OF the States and therefore, according 10 Govern
or Paine, a majority of the States; are not so.
Jealous Of liberty as Vermont.
we give due credit TO the manly virtues of the
"Green Mountain Boys" whom we hold in very
high respect; but without the least disparagement
OF them, we cannot allow their Governor 10 claim