The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-02-11
From the Charleston Southern Patriot
AMENDMENT OF THE CONSTITUTION.

We have said that Mr. Clays argument in favor Of
further limitation of the veto is bottomed on assump-
ton and narrow induction of facts The assump-
ton is, that the Executive department is making
gradual encroachments on the legislative. The con-
verse of this proposition is true. The assumption
Of power by Congress is SILENT and therefore imper-
ceptible The Veto and the Federal patronage offer
no counerpoise. The President rarely interposes his
negative, unless public opinion is in suspense or is
not ascertained with regard either TO the policy or
constuonality Of acts of Congress- requiring his
sent. In such case the Executive by its veto pro-
duces pause in the action of Congress until there
decided expression Of that opinion The President
is in fact the peoples countercheck in legislation to
the passionate or Precipitate impulses of the peoples
representatives. He is the exponent of the public
WILL when Congress, forestang its expression, pre-
sumes TO act before il is known and ascertaned He
is much therefore the organ and representative of
the people, those who elected to legislate for
them, for he has to consummate that legislation. lie
bears the relation to the legislature that the
Judges, in the last resort bear in all our American
Constitutions to the other departments of the govern
ment. The supreme judicature of the Union, in ex-
ercsing negative on acts of Congress, protects the
people against unconstitutional legislation. So does
the Executive, as an intermediate power, with this
difference, that the Executive protects the people
well against impoc as unconstitutional legislation
The people have thought proper to make the Execu-
tive will ingredient in the enactment of the laws
as they have thought proper to make the Judges in
constitutional rights against the precipitation rash
ness both of the legislative and executive depart
ments of the government
| Mr.. Clay asks, why have not the people given 10
the Federal Executive veto their acts in con-
venton2 The people have given to the Judges the
power TO restrain their own rash impulses. Ii IN par
tial conventions they should perform acts inconsistent
with the fundamental law-if they should usurp the
legislative judicial power, the judges would pro-
nounce such acts unconstitutional as legmately as
they would legislative executive acts unauthorized
! by the supreme law. But it would be absurd To colhe
any department Of the Government with power to
check and control the people themselves, assembled in
general contention, for this is authority above
the fundamental law of which il is the creature. Il
would appear then that there is nothing inconsistent
with the theory of popular government for the people
10 vest in an officer elected by themselves the power
to arrest the unconstitutional legislation OF their repre-
sehtatves, they have lodged with the judicature
control, not only the other departments of the
government, but over themselves.
! Mr.. Clay speaks OF the dsuse Of the veto by the
European governments who borrowed il of the Ro
mans. Now this is the very reason why we should
retain it. balance of power between the different
departments OF government is unknown TO the monar-
chca system OF Europe, because il has been superse
ded, If It ever really existed, by Executive influence
There is and necessity for the authority 10
sanction and consummate the laws in that branch
where The Initiative of all legislation is placed The
Executive IN the limited monarchies OF Europe, pos
scsses the control through patronage off, majortes
by which it governs the legislative assemblies That
department of the Government, therefore, originating
all measures of ae2slave character, has no use for
the Veto and it has consequently fallen quietly into
disquletude 1t is surprising that Mr.. Clay should
have overlooked this plain distinction between the po
pulaT systems OF the new and the monarchicai sys-
/ TENS of the old world