New-York daily tribune., 1842-07-25
Will President Tyler Veto the pending
Tariff Bill

inc House VIII pass the Senate Wltlohl bh''ii-'
alteration--ke Land Distribution being sustained
by > 20 majority. Tn. slight amendments Of the
Senate viii Of course be concuued in by the House
OF adjusted between them, and the bill then goes
10 the President for his sspprobation-probaby be-
fore the close Of next week VIII Mr.. Tyler as
sumo the fearful responsibility Of Vetoing this bin
is question now osxiou-ly repeated 10y pining
thousands whose only hope Of finding employment
at reasonable wages is based on the success OF n
measure so calculated restore some share o lie
and prosperity to our Home Industry. In reply
to tins question. we can only say tina, our hope Of
The concurrence of the President in this bcneiccnt
measure is daily strengthening. though still far
from confident. The desperate condition Of the
Treasury the absolute neceaity of additional
Revenue not only 10 the efficient action but TO the
reputation of the Government, ord, so strictly
with the necessities of the PeoT lc, that we cannot
believe the President " i'll resolve by one rash, ar
bitrarv stroke to reduce both 10 still greater ex-
tremiiies and humiliation. 1t rust be that MIR.
Tyler will on his momentsus occasion consult not
only the pressing wants Of both Government and
People, but the opinions of tis chosen official
encc, since he has no Censtts val .cruples in
the promises. But which Member of hi. Cabinet
will advise him to Veto this bill Certainly not
Nj Webster, Mr.. Forward, Mr. Spencer. nor Mr.
Wcklific. Their own earnest and avowcd opin-
ions and synpathics in favor Of Projection to Ameri
can Labor forbid the possibility. Who, then, will
advise a Veto Mr. Legarel He Is ultra Free
Trade, but determined and prominent opponent
of Executive Lcgislation--thc virtual Government
of One Man-and has written and spoken too much
and too ably on the Popular side to desert it now
VIII the adviser of Veto then--and this is the
last chance for one--be Judge Upshur, with hls
conceded anti Tariff view, and feelings Happily,
we are enabled to throw light on the probable an
swer to this question. Judge UPshur Is man OF
much ability and great frmness of character, and
he has recorded his opisions against a mere EX-
pediency Veto, as this would clearly be, so broadly
and forcibly that he cannot now change his ground
without the most fragrant dereiction of principle.
Ia work written by him in l839-4O, entitled Z" A
Brief Enquiry into the True Nature and Character
of the Federal Government, being Review ot
Judge Stoys Commentaries the Constitution
of the United States" he thus forcby scls forth
and vndca,cs the Democratic view of tins ques-
ton:
Another striking imperfection of the Consti-
tuition. a. respects the Executive department, is
found in the Veto Power. Tie right 10 torbid
the People TO pass whatercr lars they Pieose IS
tic right 10 deprirc them Of self gocernmcm II
is power which can never bc entrus ted to one
man. or any number Of men short OF the People
themselves, lrithoUt The certain dest act,on Of
pubhc liberty 1t is true that each del art tmcnt of
the Government should be armed with a certain
power Of sclfpro,ecion agains, the assaults of the
other departments and the Executive probably,
stands mo in need Of such protection. But the
Veto Power. as it stands in tho Constitution, goes
far beycnd this object. 1t j., in effect, power
in the Executive department to forbid all action IN
any other. 1t Is true that. notwithstanding the
Veto of the President, law may still be passed,
proyided tlco-thirds of each House oi Congress
agree therein but it l. obvious thai the cases are
very rare in which such occurrence could be ex-
pec,cd. In cases of plain necessity on policy the
Veto would not bc applied and those ot doubtful
necessity or policy would rarely be carried by
majority so large as two-thrds OF eaci House
And We, in these il may be Just as important that
the public will should be carried out. rs IN cases
Of less doubt and difficulty. 1t may be, slso. that
the plains1 and nos' pressing necessity And II
he should do So il would certainly give him most
improper power over the People. To enable him TO
prevent the most necessary legislation. with only
one-third of each House Of Congress in his favor
There is something incongruoas IN this union OF
Legislative and Executive power, in the same man.
Perhaps il is proper that there should be power
somewhere to check ha,ty and ll-considered lcgis-
laion, and that power may be as well entrusted 10
the President As 10 any other authority. But II Is
not necessary that II should be- great enough To
prevent all legislation, nor To control IN any re-
spect the free exercise of the ccisla i've viii 1t
would be quite enough for the security OF The
rights of the Executive and quite enough to en-
sure temperate and wise legislation, 10 authorize
the President merely to send back to the Legsla-
ture for reconsideration any law which he dsap-
proved. By thus aiiordng to that body time and
opportunity for reflection with oil the additional
lights which the President himself could throw
upon the subject. should have every rcasonab e
security for the due exercise of The legislative
wisdom, and a fair expression of the public viii.
But IL, aitcr all this the legislature in both ,ts
branches. should still adhere 10 their opinion. the
theory aHi the so,cpd practice Of al oar institu-
tt0EsT require that THEM decision storld be INIT
ng and fnai'
Who. after this can believe that Judge Upshur.
ANY more than his colleague. in the Cabinet will
advise Nr Tyler to do what he 80 unqualidedly
asserts no President should have power ,c do
Ana who can believe that Mr. Tyler viii Veto IN
defiance OF the advice of his Cabinet a. well az
the pressing wants of the Government, and
Country
u The Broome Republican warmly urge, thc
nomination of Hon. J0nN \. CoLLIKn Cor Cover
nor and rcqsc.ts that If he shall not bs nominated
for that office, that he be not for Lieutenant.
~ ABEL Parsons, O.. .HE BROrHEn kE-
xvNep T,l. o, tho Tin l. an crigiual II -