Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-10-18
WATCHMAN g. STATE JOURNAL.
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For The Wdichmdn and Journal.
THE VETO pow ER,--No. 2,

THE VETO PoWER,--No. 2.
Our objections to the power conferred by our
constitution on the President Of the United States
to negative law passed by Congress are the fol-
lowng:-
I. Il is incompatible with tho theory of re-
publican government. Wha, is a republic +? 1t
is government in which the supreme power, or
the power OF enacting laws is vested in the hands
of representatives, elected by The people. In ev-
cry well regulated government there must be n
legislature to enact, an executive TO enforce, and
Judiciary to interpret and define the laws. A
combination of ali these powers in the hands of
one, or body Of men, is a tyranny. la n rcpub-
lcan government. The cW of The people is The ialo
Of the land The powers exercised, by the exec
utiye, legislative and judicial departments of the
government are dsrjred from the people How is
the Will ot the people expressed, in regard to le
gslation, or the enactment OF lawsY Most Ger
taiuly, through the medium OF their Representa-
tlveS. No one man can be supposed to represent,
the wishes OF majority OF the people, for the
simple reason that no one man. probably, enter
nms opinions on all topics OF legislation conform
able 10 the opinions OF majority In II conv enion
OF an hundred individuals, for instance, major
lily may be found in favor ola distribution Of the
proceeds OF the public lands, of general system
OF bankruptcy, of protective thrift, of system
OF internal improvements aud of national bank,
aud yet no one pan, perhaps can he found, who
Is IN favor of all those projects. 1t is clear then
the power of controlling all those subjects the
hands of any one OF its MEMBERS unless that one
would bind himself faithfully TO carry out the
wishes of majority. The same objection, how
ever, applies to entrusting the power of n mega
tive on lie acts of Congress to the President Of
the United States.
1t is necessary there should be a check on the
representatives of the people? Must the people
be saved from themselves, or their own rrpresen.
tatives? This check may be found in the SEN
ale, where, instead of the people, the states are e.
qually represented. If when the people and the
states have both spoken we need the still farther
check OF executive approbaon, even after the de-
hbeI ate will OF n majority has been expressed in
fovor OF a measure, would it not be advisable to
destroy every republican feature of our govern
ment, so that the people may be more effecually
saved from themselves? Is it any argument in
favor OF this power in the President to say that
the people have giren him this power by their
constitution So TOO the people may have given
him the power of a dictator for liIe Would this
be an argument in favor Of dictatoria power !?
MIR. Hamilton proposed in the federal Convention
that the President and the Senate hold their office
during good behavior. Suppose the Convention
had inserted this, among its provisions in the fed
era Constitution, and The people had seen fit TO
adopt It, would the provision have been less anti
republican on that account? The people in Eng
land consent to be governed by Il hereditary SOW
ereIgn Is The government OF Great Britain there
fore republican? Ifthe people have given to their
President the power of thwarting their own will
and of Defeating tbeir measures is the pow
er, thus conferred, less despotc aud arbitrary? 1t
oniy proves fliat the people are afraid of their
own lower have they any reason Tor ibis fear |?
Are the people incapable of self government
Are NOT ma Ority of their representatives. elect
by themselves, as good judges of constitution
al law, as their President, who has been similarly
elected?
g This power in the President prevents uni
formity of decisions, all questions of consti-
tutonal law. In all well regulated governments
it becomes important that the law should be seu-
led, established and known Ii is an Oft quoted
maxim ".Nisera est seruitus ubi jus est vagum aut
incogntum." Ii is for this reason that Judicial
precedents, formed on due discussion and consd
Grafton, are regarded of authoritative force IN
settling the meaning of The law. Mr. Madison,
in his celebrated letter TO Mr.. lngefsoll, dated June
25, 1881, says:
"Can it be of less consequence that The mean
ing of a constitution should be fixed and known:
than that the meaning of a law should be so !?
Can indeed law be fixed in its meaning and oI,-
Grafton, unless the Constitution be 50 /? On the
contrary, if particular legislature, differing in
the construction of the constitution from series
of preceding constructions proceed to act on that
difference, they not only introduce uncertainty
and instability IN the constitution, but in the law S
themselves; inasmucl as all laws preceding tile
new construction and inconsistent with it are NOT
only annulled Tor tie luturc, but virtually pro
nOunced utilities from the beginning
1t was in conformity with these views that MIR.
Madison saw fit to approve the Bank of the Uni
ted States in 1917, though on the original ques-
ton, he had held il to be unconstitutional. He
believed the constitutional question already settled
by repeated acts of legislative recognilions Gin one
instance indeed, with positive ranhcation OF il
into new state" Under these circutn Stances he
did moi feel himself at liberty 10 raise consItu =
tional objection Tor the reason that The question
had once been raised and had been settled.
Such was the reasoning of Mr.. Madison. He
has since been overruled in his opinion by Messrs
Jackson aud Tyler. They are governed by the
constitution as THEY understand it, They seem
TO understand The constitution much better than
its framers who if we can believe in the wisdom
OF modern politicians, were an ignorant pack OF
hlockheads, not understanding the work OF theii
own hands. We must acknowledge however
that by YES ing this power in the hands of the
President it is enabling him 10 disturb long sclt-
led questions of constitutional law, which have
been acquesced in by The people, aud all the de
parlnlents of government WAsHINGToN ant
MADISON may hesitate 10 do this, hut
Fools rush in, where angels quotc to ucad.n
This power in the hands OF ambitious lnan--&
ambitious men man, fhey have been not hitherto
be elected The Presidency must he danger
Gus power. Elec ed by the people for mte,
period, he deems it expedieni to play ths tyranI OF
grand scale. He has little time TO act and tia
time must be employed TO good purpose. lie will
do whata hereditary monarch, who occupies tn
executive chair for life, would not da,e TO do. Sine
1892, none of The nonarchs OF Great Britain hav
employed the veto, whilst in the United States
for the last dozen years, the veto has been as IA
mar in our mouths as household words.
ANXIOUS PoPULI.
=---=------=---------=-----
Hon. Walter Forloard Secretary u The Treasury
We nre disposed 10 look upon lie appointment q