The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-08-17
PROTEST AND REPORT
HON. THOMAS w. GILMER,

Nun. IhOMAS w. GIl.MEk,
One Of the Select Committee TO ,ohom ,oas referred the
Message Of the President returning, NTH his otjee-
tions, The Bill "Io provide from Imports and
10 change and modify sristing la,os imposing duties
on imports, and for other purposes"
The undersigned, member of the Select Committee
towhom the objections of the President to the bill emit
tied bill, To provide revenue from imports, and
change and modify existing laws imposing duties on
imports, and for other purposes were referred, De-
ing unable to in the views Of the majority OF
the committee, would assign some OF the reasons
which have influenced him in coming to different
conclusion He cannot refrain from inquiring for
what purposes this committee has been raised and
protesting against the unprecedented and extraordi-
nary course which majority of the House of Rep
resentatives have determined to pursue this
sion: certainly opposed to all the establish
ed usages of our Government, and the undersigned
believes, in conflict with the provisions of the Con-
stitution. The language of the Constitution is as
follows: Every bill which shall have passed the
House of Representatives and the Senate, shall, be-
fore il becomes law, be presented to the President
of the United States if he approve he shall sign it,
but if not he shall return it, with his objections, to
the House in which it shall have originated, who
shall enter the objections large their journal and
proceed to reconsider it, If after such reconsidera-
ton twothrds of that House shall agree to pass the
BILL it shall be SENT together with the objections to
the other House, by which il shall likewise be re-
considered, and if approved by two-thirds Of that
House, it shall become a law"
The bill in question having passed both Houses
was sent to the President by whom it was returned
to the House of Representatives, where it originated
Instead of proceeding Gas the Constitution Directs
to reconsider it," the bill is laid the table, and
the Presidents objections referred to Select
Committee In ordinary Parliamentary proceedings,
where bill has passed either House of Congress
and motion is made to reconsider the same, pend
ing such motion the bill ITSELF having passed, is
not before that House for any general purpose and
can only be brought again within the power of the
House by reconsideration of the vote on its pas
sage. A motion, therefore, to commit, to postpone,
or to lay such bill the table, could not attain its
object, and therefore could not be made. In this
case the bill had passed both Houses and could not
again come under the action of either, except by the
express provision of the Constitution. That pro-
vision is mandatory and explicit 1t prescribes the
only legislative action which can take place the
Presidents objections and the bill. The House is
directed ''to enter the objections at large their
journal and proceed to reconsider it" (the billy.
The question Of reconsideration therefore, is raised
by the Constitution. 1t is reconsideration of the
BILL not merely of the vote its passage 1t is the
only question which is raised in reference the bill
and it is one which the House is not at liberty to
evade or suppress. The objections which the Con-
stitutlon requires the President if he does not APP
prove to assign do no more than suspend the bill
which without them would become law and which
notwithstanding them may become law, if on the
reconsideration which is not only permitted but pre-
scrbed it IS approved by two-thirds." The Con-
stitution, therefore, clearly contemplaes that when
a bill IS returned with objections by the President it |
shall be subjected to the test of another vote The
Importance attached to this requison by the wise
and patriotic trainers of the Constitution may be in
ferred from the provision that Gin all such cases the
votes of both Houses shall be determined by yeas
and nays" If the Federal Executive had been in
vested with an absolute instead Of qualified veto,
there would have been necessity for these precau-
tons to insure vote the reconsideration Con-
gress are no more at liberty to fail or refuse to re-
consider the bill returned with objections than the
President would be to decline to approve or return it
with his objections The bill cannot be altered in
any respect by or both Houses. The House to
which it is returned is not at liberty to separate the
objections from the bill. They are to be entered on
its journal, and the BILL if two-thirds shall pass H.
is to be sent, together with the objections to the
other House." Before any bill can become law it
must be "presented to the President" IL he ap |
State his objections, and Congress are not permitted
to convert the qualified power of the Executive to
subject bill to another direct vote on the yeas and
nays, into unqualified and absolute veto as they
may efectually do by refusing to proceed to the re-
considerations or by silently acquescng in the Presi
dents objections without another vote. The obiec-
tons of President operate check on the uncon-
stitational nconsiderate legislation of mere ma.
orty in the first instance, and two-thirds on the re-
consideration efectual check on the veto
Ia. r.
mine the rules of its proceedings" but in this part
cular the Constitution itself has determined the
rule Of proceeding The question is, whether that
rule is paramount and nhexble, whether like or
binary rules, it can be modified, suspended or abro-
gated. Does the reconsideration enjoined by the
Constitution give the House more extensive power
the bill than it had under its own rules after its
passage? 1t is not denied that the reconsideration
involves the merits of the BILL well the force of
the Executive objections, nor that delberation and
discussion essential 1t is maintained however
that the action Of the House is prescribed and that
it is limited to single object and that is the recon-
sderation OF the bill as it passed both Houses and a.
it returned from the Executive with his obiec-
tons. If can be laid on the table, postponed or
committed 1t may be withdrawn from the reconside-
ration of the House by the vote of a mere majority
That same majority may refuse to take it up again
and thus prevent vote on the reconsideration In
this instance majority have laid the bill on the Ia
bic and have refused to take it up. II depends on
the will of that majority whether it shall be taken up
and reconsidered at all. They have then claimed
and by force of numbers exercised, an authority
which may altogether disregard and dispense with
the positive requisiton of the Constitution. They
have separated them from the objections The for
mer may or may not be brought to a direct vote ON
its merits with the yeas and nays. Ii nav be expe-
dent for the bare majority of four by which it orig-
naly passed, to permit that bill to slumber fore YER
under the Indirect vote to lay on the table vote
which does not involve the merits of the bill, nor
meet the acquisitions OF the Constitution The power
TO lay the table power which can also commit to
select or standing committee, to a Committee of
the Whole, where the yeas and nays cannot be had.
or which can postpone indefinitely beyond the
session. The power assumed in these different
modes IS the same. 1t is the power to control the
l,arstitIitiop by arhitr.rr -