The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-10-21

frivolous pretexfs have suffered 10 become law ~
retaining the bill until the expiration OF ten days he
might by so doing, have Escaped the deHuHetatioa
which he has incurred by rejecting Il by DONG lie
might have avoided the oboquy 10 which he has been
posed on account Of this rejection, and the IiDtach
ment of his motives, far as Il IL founded thereon
Bu, had he so done in our opinion, he would haze
been guilty Of a cowardly derelieiIon Of his duty
We cannot help thinking, that the man who as
pires 10 the OF true patriot, Is required 10 sup
mort measures which he may view unconstiuli1n0l,
or subyersye of the interests of the country, he
bound by every sentiment OF honor and every prnci
pe OF Justice 10 refuse his sanction 10 IT. adoption BY
consentinp 10 recognize such authority for The ~
ercise of egtmaie power he consents not only 10 an
act which n itself is repugnant To the detaies u an
honorable and elevated spirit, but one which s likely
to produce pernIcious political effects
Firm for your country and become man
Honor'd and loved IL a noble life
To be found dead embracing here.
We attest, with great pleasure, 10 The disnte-
RESIDENCES and purity OF his motives, which dictated lis
political conduct As TO it, wisdom that is matter VI
opinion but ms To his exemption from all ot per-
sona promotion aggrandizemeni the veto messa gcs
contain within themselves internal evidence sufficient
10 demonstrate the want OF foundation for this allie.
CATION.
Law il down as an inconiroyerible truth thai Tho
Constitution has assumed and, indeed how could it do
oherwise) that the Government Of the United States
might and would have occasion. like other Govern
ments of the civilized world contain check on the
proceedings Of the legislative department 10 restrain
popular impulses and inordinate ambition II has said
accordingly thathe President should poss IS this por
ton of national sovereignty II has furthermore given
TO the Chief Magistrate, with The concurrence Of the
Senate, the exclusive creation and control Of the whole
machinery Of diplomacy. Upon the power of the Pre-
sident, therefore, there be no doubt The only
question Is as 10 the extent of the power or IN
other words, TO the subject upon which il may he
exered. The effect Of the power when exerted with
IN Is nsRfn lhRFa IL hayn tb.t at....
But the proceedings of the Wing caucus give birth
TO reflection too solemn to be unuitered thtt In a
meeting Of the members of Congress body di,tir.
guished for patriotism and rich in renown-mcn Of
high station and repule, should be found toncetinp
by organized effort the renovation OF thai explod
ed notion, that the veto power dangerous to the ex
stence OF the Government, and ought TO be pluckel
out from the Constitution, as plant uncongenal 10
the soil Of republican liberty. And does il not add 10
the gloom of this reflection, that large body Of the
Wing party should be found the coates for the era
dieatlon of this conservative power1
Let US now examine the Constitution on the sub
jec OF the Veto power, and from thence learn in what
cases. and in what only the exercise will be in accord
ance with the provisions of the Constitution To
have correct sentiments this subject is OF infinite
importance. An here would be like what i
called in the first connection and wonII ~
wade the entire system
What is the just distinction between Legislative
and Executive functions Is it not that the former !.
To make the law and that the latter is to execute il
IS u nor one OF e fundamental principles of Con
stution and an essential ingredient of free Govern
ments that The Legislative, Judicial and Executive
powers shall be kept distant and separate That the
power OF making the general law that shall never be
blended IN the same hands with that of executing ii
Does not the unioi, of these Two powers in the shmo
hands constitute the worst OF d.spolisrns
The construction Of the Constitution beonps 10 /.
the President as one amply qualified, both from his
and Independence well as from consli-
lutional learning, TO exercise important right
i a h.ra ind,,
of the Constitution, and OF the conformity or non.
fomity of laws to the provisions of it, results from the
very nature ola written Constitution; IT is vain we
have an instrument paramount ordinary legislation
il there is no authority to check encronchmens upon
IT, and there is no department of Government anb .
whom this power can be SO safely lodged or hy whom
i can be SO ably and mparally exercised as the Fl,
ecutive Ii the Legislature, the very branch of Gov
eminent most controlled by the Constitution and in
ended TO be So shall be permitted assume the wide
and unlimited construction the Cons uton will
sink at once into a useless instrument moulded into
various shapes at the will of the National Legisla-
ure.
very strange that this absurdy which makes So
splendid esture in this manifesto should never have
occurred, either TO the statesmen who had princpaI
in forming the Constitution nor the patriots vvh
composed the first Congress.
Is there power given to any other branch of tho
Federal Government, in terms direct more clear
and strcng2 There is nothing constructive here it
IS all express and positive.
We might cite several passages of the Federast in
support OF these views. Ii is for me to pronounce
The enlogy of that work-who they were that wroe 1t
how eminent In point of abilities--and what were
their opportunities Of understanding the true design
and meaning OF the Constitution, We cannot help
remaking however that if the consuc tion for which
we contend be IN truth extremely odious offensive
and shocking, IL Is little strange that ,huse gentle
men, admitting them TO have common sense should
have urged tins very construction Ii was the ayore
of that day and it has remained for the
superior sagaciiy and keen jealousy OF the present
IA eli d.,
This position, as Land down in the manifesto we
say is in conflict with the theory of our Government
Every part of the proposition is pregnant with
error.
But II is not to the dominant party to the nation
10 posterty and 10 the interests Of free 90, ernnents
that the observance of settled constitutional
in cases in the exercise Of the Veto power is alone
II Is equally so to the character and feel
ngs of the individual al the head of the Government
Is there any member of the Wing party who would
wish, nay, would consent, in deciding upon the adop
hon OF an important measure To the President set
Tree from the restraints of constitutional law or more
properly speaking 10 be deprived of its guidance and
left TO the influence of his passions feelings and
pr epossessions Were cases like tins To be deter
mined views ofexpedienry and on sonnd princi-
plies of constitutional law, what suspicious might
not the President be liable, Of having sought the nd-
gence of some anmusity or the attainment of some
selfish end instead OF consulting for the public pood2
But when he is known TO be governed by the sr,tieJ
rules OF consti uional law and is considered merely
It's organ his motives will be respected and his
conduct less liable to suspicion or reproach Ii this
power be torn out of the Constitution will no, Tho
President assume the doubtful and dangerous charac
Ter ut an officer subject TO no rule but his arbtrav
will
IL is contended by the writer of the manifesto
that !, is power highly dangerous and inimca toour
institutions by arguing from, the possible abuse Of
power against the use or existence OF it, you NAV aud
must come TO the conclusion that there QUO hi moi
be, and Is not, any government this country or in
'he world Reorganization and anarchy are the sure