The Columbia Democrat. [volume] (Bloomsburg, Pa.) 1837-1850, 1841-03-13


he one case than in the other, in the obi
cations of ultimate decision there can be no
difference In the language of the Consti
luton, "all the Legislative powers" which ii
grants "are vested in the Congress of the
United States" 1t would be a solecism in
language to say that any portion Of these is
no, included in the whole.
1t may be said, indeed that the Consttu-
ton has given to the Executive the power
to annul the scts of the legislative body, by !
refusing 10 them his assent. So similar
power has necessarily resulted from that in
strument TO the Judiciary, ,and yet the Judi |
ciarv forms no 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 Legis-
lature for other cause than that OF want of
conformity TO the Constitution, whilst the
Judiciary can only declare void those which
violate that instrument. But the decision of
the Judiciary is final in such case, where
as, in every instance where the veto of the
Executive is applied, il may be overcome
by vote of two-thrds of both Houses Of
Congress. The negati"e upon the acts of
the Legislative by the Executive authority,
and that in the hands of one individual,
would seem to be an incongruity in our sys-
tenn. Like some others OF a similar char
acter, however, it appears 10 be highly eX-
pedent, and if used only with the lorbear-
ance, and in the spirit which was intended
| by It's authors, it may be productive of grea,
good, aod be found one of the best safeguards
20 the Union. At the period of the lorna
ton of the Constitution, the principle does
not appear to have enjoyed much favor in
the Stale 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
framed the Constitution, for the adoption of
provision SO apparently repugnant 10 the
leading Democratic principle that the major
Ity should govern, we 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 inteli.
s--...L L.-i.:-i.-~...--.-.s'.. I,ovIrv, INV
the enlightened character of the State Legis-
atures, not to Aave the fullest confidence
that the two bodies elected by them would
be worthy representatives of such cons,itn-
|
no aid in oonceving and maturing the mea-
sures which tie circumstances of the coun.
try might require; and it is preposlerous 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
immediate representatives., who spend a
part Of every year among them, living with
them, often laborlng with them, and bound
to them by the triple tie Of interest, duty,
and affection. 10 assist or control Con-
gress, then, in its ordinary legislation, could
comforting the veto power on the President.
This argument acquires additional force
from the fact of its never having been thus
used by the first six Presidents; and two
of them were members of the convention,
one presiding over lis deliberations, ,and the
other having larger share in consummat-
ing the labors of that august body than any
other person. But if bills were never re-
turned to Congress by either of the Pres-
dents above referred to, upon the ground of
their being inexpedent,or not as well adapt
ed as they might be to the wants of the peo-
pie, the veto was applied upon that of want
of conformity to the Constitution, or because
errors had been committed from too has!y
enactment.
There is another ground for the adoption
of the veto principle. which had probably
more influence in recommending it to the
Convention than any other. refer to the
security which it gives TO the Just and
equitable action of the Legislature upon all
paris of the Union. 1t could not but have
occurred 10 the Convention that, In a coun-
try so extensive, embracing so great va
riety of soil and climate. and, consequently,
OF products, AMI which, from the same eau
ses, must ever exhbita great difference in
the amount of the population of its various
sections. calling for great diversity in the
employments Of the people, that the legsla-
tion Of the majority might not always Justly
regard the rights and interests of the minor
ity-and that acts Of this character might be
passed,under an express grant by The words
of the Constitution; and, therefore, not with
in the competency of the judiciary 10 de-
clare void; that, however enlightened and
patriotic they might suppose, from pasi ex-
perience, The members of Congress might
be, and however largely partaking in the
general Of the liberal feelings of the people,
it was impossible TO expect that bodies so