Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-10-14
THE VETO POWER.
Opinion Of Lage 4. p. Upsh,

Duiing III. last winter we procured snal vo-
lume entitl.d. "A brief enquiry into the true nature
and character Of our Federal Government" which,
we we're ,dormed by personal friend oil Judge Abel
p Upshur, was wrien BY that genleman-aud IN,
deed there is doub, Of The laet. That work was
suicn Consequence Of the developments Of The
last few yeas by which il rendered manifest hat
the PRACTICAL epiencns 81 our political system IS 10
The Absorption Of all power by the Re eral Eaecutre
while the principle of direct responsibility 10 the PEG
pie Is scarcely felt by the incumbent Of The P,esi.
dental char-beog elected Cor four years, and II
lie desire TO be- reelected relying upon The
nuente Of his patronage ihon upon fidelity to The
principles which cIev ted HIM To power; the bugbear
OF Impeachment having 10 terfofs FOR linn and in
StruetioDS beng utteily impossible. Judge Upshur
well conended in that work, that The powers hire
tofore clan ed i'r tie Pres dent wire such only rs
beloag 10 desPot-"puwers which are holly IN
known IN an, hunted monarchy IN the aorld."-
Whatever other tissues" were, or wtre nni, invul-
we'd IN the result e The last Presidential election II
neytr has been denied that The aJridgment Of his
orershddouine and dangerous E1ecuhve po,oer was
enc Indeed, Gov. Gmer lin self, IN ole OF his
speeches during the txlra session OF Congress, while
endeavoring 10 show The heterogeneous elements of
which the Wing party is composed, broadly assert
ed that the diminuon Of Executive power was an
| Object common TO erery Wing, and was indeed the
great cemeDt,ng influence which, 10 the absence of
every other principle OF cohesion, bound them to
gether. How shall this great object be accomplish.
ed There are several means-but we do not hest
'ute to say, that, mex, to rendering The assent of the
eua ppfP IN lhp all a..
appointment of public ficers the modification oCthe
Ieto potcer Is the most obvious mode oCefecting this
important refotm. And rejoice that in this o.
pn'on "e are fortified by the suggestions of one
whom Pfsid nj Tyler has recently called 10 a seat
in his Cablne "a position VIII ch will enable him 10
enforce his views upon the Chief Mags rate, mnl,-
out 'odecacy, aud We hope with all The weight OF
his official posilion and his acknowledged talents.
In The ln,le volume referred 10, Judge Ulshur
after commenting upoa the loose and unguarded
tern,s IN winch the duties and powers Of the PresI.
dent are pointed out by the constitution, aud the
IN n testify deleierlous effects which had resulted
from this defective org IMITATION of The Federal Ex-
ecuuse, says:
"A other striking imper(eorion Of the CnDsi'u-
tlon as respects the executive department, found
III the veto power. The right to fo,btd the people
/" pass whatever laws they please. Is the right de-
prve them OF self government. 1t IS power which
can never BE- entrusted 10 one man, any numht
OF men. short of The people themselves, t0,ihout he
certain destruction Of pubhc Hbrty. 1t Is tue that
each department OF the Government should De arm
edwHh u cenan power OF self protection against the
assaults OF the other departments; and the executive
probably sianls most IN need o such projections
But the veto power, as ii stands IN the CONSUMPTION
goes idI beyoed ihls object. H. IF CT, powe,
|
any other II IS true that, notwithstanding The veto
OF The president, law may sil be passed, provided
te0 MtFdS 81 each house Of congress agree therein
bui II IS obvious that the cases very rare Incl
| such concurrence could be- expected In cases o
plan Necessity policy III" veto would not be ai,
! Piled; and hose oi doubtful necessary pole,
would rarely be carried b, majority large u.
Two tn rds OF zach house. Aud YET III these II may
ot isl as important that the puhlic will should be
CARED out, III OF less doubt and diff
II may be. also, that president may up o.,
The passage # laws e Tie PLANE aud r,s,m.
Necessity. Aud II he should do s., would CERTAIN
" give HIM most lmpropsr pow over the people
To enable HIM 10 prevent The most necessary legsla
ZION, with only Que tlllrd OF each nousr Of congress
! II hrs favor. There is SOM hing incOugfuous M
hs UNION OF legislative and ;uilve pUwers In the
same man. Perhaps II Is proper that there shoult
be power somewhere, 10 check basty and ilcOn
s'de'ed legislation, and thar po"e, may be as wei
entrusted 10 the ,sment as to any Other authority
Blu II IS MOI ry that should be great enougt
to prevent all leg station, MOI TO control ~ any res
p ct The Tree exercise OF the legislative vii.
would be quite EN- ugh for The secuil, OF The nghu
oil the executive, and quite enough 10 ensure TEN
perate and wise legislation, To authorize the piesi
dem merely 10 send back 10 the Legislature ion re
. conslderaInn any law which he disapproved. b,
thus atiordlng To that body lime and o porunlty T.,
ref ctou, VI Ii all the additional hglds winch TIT
presid nj self could throw upon the subj CT w
shunld have every reasonable security for the du
exercise If The leg Isatlye wisdom aud lair expires
SION OF the public will But #, after all thls th'
legislature III both its branches, should slIll adhei
To thei opinion, the thenty aud The sound piaclic
oi all our INSTITUTIONS require that their decision
should b. bindlng and final"
These were the sentiments of Judge Upshu
when private cltizen-we hope they will be hi.
guide, now that he is in POSITION as we'll by his
Official character as by his influence over the mint
of The President, 10 give them practical effect
Judge Upshur's opnion is perfectly in accord
ance with that of the early champions Of the corsli
III ion. When the trainers Of that instrument con
ierred the veto power upon the President, is man
iitst from the tenor of their arguments n lis favor
that they did not anticipate the abuses OF which i
has been The prol fc source.They did foesee tina
| the President would, by his immense and almos
boundless pa ronago. be able TO subdue Congress to
his will, AS have done at least on one nccason
and 10 evade the constitutional action Of that body
| by putting bill into his pocket, a we done up.
on another wheI he knew that majority oil two