The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-01-25

by the President without Congress passing upon the
| subject. There was another encroachuent upon the
power Of Congress within the last few years, and
that was the assumption of the purse of the nation
for, under former Administration, the public depo-
sites ia The Bank Of the United States were seized
upon by an order Of the President; and yet this act
remained unrebuked and he would tell Senators who
deysing means to protect the public purse from
the power, that this could only be done by amend
ment TO the Constitution and that all other fforis
would be in vain. They had seen armies raised by
the President not only without the authority Of law,
but after the proposition had been submitted TO Con-
gress, and rejected; and this was the case with reie
renee to the Florida sedentaTy militia. The Elk
cutye branch of the Government was eternay in
action and ever awake il was like the tide OF some
mighty river, constantly flowing, and swelling deep
ening and widening, In Its onward progress, until ~
swept every impeachment and oyercame every ress-
lance and every obstacle, which presented itself to its
course. The Legislative Department meets only pc
riodically and when II ceases to act as Legislative
body its power terminates but here stood the Presl-
dent to enforce the laws, and also ready TO avail him
self of any circumstance calculated to augment or
add to his power But let them examine the motives
which were supposed to have entered into the views
of the members of the Convention, and which ope-
rated upon their minds and compare their expecta
tons with what has since occurred. The Executive
should have no agency in the formation OF laws
originate measures for the nation but, il should
from the Representatives of the people. The
ton of the laws was assigned to the Executive De-
parment; and every one knew that, in all free Go
vcrnments the three great deparmentsthe Judicial
nv, the Executive, and the Legslaye-should be
kept separate and distinct; and II was also known
that that system of Government was the most perfect
where strict conformity to these principles
was adhered to- But il was said that the franz
ers of the Constitution were induced, from two
considerations, to give the veto power to the
President first, that the Executive might protect
himself against the power of the Legislature, and
condy, that he must guard the country against hasty
and precipitate legislation. Where was the necessity
for this protection against the legislative power
Were not the members of Congress bound by their
oaths to support the Constitution The Judiciary
had veto power, but could interfere and declare
void any law not made in conformity with the Con-
stitution With regard to hasty legislation, expert
ence was their best guide. He had taken the trouble
to look into the wenysix constitutions of the States
Of this Union, and found that Georgia, louisiana,
Mississippi Missouri, New Hampshire, New York,
Pennsylvania, Michigan, and Name had qualified
veto of two-thifds; Alabama Connecticut, Indiana,
Kentucky, Missouri Arkansas, Illinois, and Yer
mont, had the veto power with qualifications and
Ohio, Virginia, Maryland, South Carolina, North
Carolina, New Jersey Tennessee, and Rhode Island,
had veto power and he would ask those who favor
ed the monarchical power of the Veto the Democrats
especially how happened it that in these nine States,
no such instance OF encroachment on the Executive
had taken place seemed to be apprehended or any
such legislation against which Senators wished ,spo-
cally to guard What the value Of the Veto
power! The Senate consisted of fhy-two members,
majority Of that number was twenty seven and two
thirds OF fitytwo would be thirty-sx IL they there
fore, supposed that law was passed by majority of
twenty seven, and it was vetoed by the President,
the Veto could only be overruled by the concurrence
of thirty six The Veto of the President then, was
equal to the votes of nine several States majority
of the House one hundred and twenty-five, two
thirds hundred and slxty-two; and the Veto was
equal 10 forty representative votes. They had had
six Presidents who had been Senators in this body,
| a1t a,In
one of these six show degree of wisdom equal to
nine times as much that possessed by any other
Senator equivalent to the wisdom of forty members
of the House of Representatives. And how did it hap
pen, that when they had man here acting Sena-
tor, and who had only an equal vote with them,
the moment he was transferred to the other end of
the Avenue he was assigned power equal to nine
Senators and forty Representatives Was itnot suf-
cent that he should have all the glitter of high office
and the dspensation of vast amount of patronage
Was not that enough; Was it necessary to superadd
to this the power of nine Senators and forty
Representatives He thought that the Constitution
might as well have declared that the Veto should be
absolute for, in his judgment, the requirement of
two-thirds to pass law after it had been negatved
by the President, was tantamount to declaration
that the Veto should be absolute and if this course
in respect to the Veto should be continued the ques-
ton would be- not what they should do for the ben
eft of the people, but what measure would meet the
appreciation of the PRESIDENT 1t not the title of
this officer but the extent of power which he possess
sed, that was to be feared for although the Dcta-
torshp Of Rome was of short duration, the whole
power became concentrated in one head. They there
FORE had security from the fact that the President
had humble title; none from the fact of the dura-
ton of his office. The situation of President
of the United States not widely different
from that of monarch for the cries of the distress
ed could not reach his ears and he surrounded by
favortes and latterers and fawners, separated from
the members of society isolated in this District hav
ing no embarrassments, and listening only to those
who approached his person and surrounded him by
their sycophancy Cries of distress might reach his
ears but they would be neutrazed by those who
around his person. and perhaps these paintve strains
might be attributed to some factious spirit through
out the land. And was President thus surrounded
more likely to know the wants and wishes, and the
dstresses Of his country, than two hundred and forty
two members of the House of Representatives and
ffty-two members of this body who came from the
bosom of the people, and who knew their every de-
sire He thought therefore that if they looked to
the situation of the President-he did not speak of
this or that incumbent-they would perceive that the
responsibility conferred upon that officer great
and momentous. With regard to another of these
amendments viz the investment Of the appointment
of the Secretary Of the Treasury and the Treasurer
in Congress, it belonged to that class of measures to
which the Wing party stood pledged to support. The
other resolution related to the appointment of mem
bcrs Of Congress, and was only carrying out the
Constitution they found it but the amendment
which he had proposed went one ep farther, and 1t
appeared to him that when man occupied an office
bestowed upon him by the people of his State, he
ought not to resign it, unless under extraordinary cir
cumstances. He remarked that without examining
further into these subjects, he would take his seat
he was physically unable to pro coed.
Mr. PRESTON said that during the late Presi-
dental contet this subject had been brought before
the people, and he could not coincide in the views
with reference to the Veto power, expressed by the
great leader of the party which he attached, he
felt bound to state his views upon the resolution now
before the Senate. The substantial usurpaon Of
power had been in the hands of Congress, who had
taken upon themselves the perogatve of regulating
the industry of the country, thereby affecting even
the spinning wheels west of the mountains, and they
had also constructed roads and canals which bad been
conyeIed into means Embarrassing the power Of the