The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-08-20

for that purpose elaborated and amply discussed,
through long series Of weeks, in both branches of
the Legislature. The process of CESSATION, through
which alone such complicated system could be or
ganlZed, necessarily consumed many montss OF time
nor the committees or the House exempted
from severe reproach, which the purchased presses
of the Executive Chef are even yet casting upon
Congress, without rebuke or restraint from him.
The delays were occasioned by the patient and I'M
wearied investigation of the whole subject by the
appropriate committees. As the period approached
when the so-caed compromise tariff was to be con-
summated, leaving the Government without any rev
enue tariff sanctioned by the law, the prudence OF
Congress, without precipitating their decision upon
the permanent system which they ondy hoped To es-
tabsh, provided and sent to the President tempo
rary expedien limited IN lis operation 10 The space oil
one month during which, TO avoid, as they thought,
the possibility of collision with the apprehended
antpathies Of the President, they had suspended Tor
the same month the distribution OF the proceeds oil
the sales of the public lands which, by previous
law was take effect the day after the expiration
of the compromise. Not only was this most con-
cillaory measure contemptuously rejected, but, IN
total disregard of the ayowed opinions OF ms own
Secretary of the Treasury, concurring with those
nearly unanimous of oil the most eminent lawyers of
the land, in solitary reliance upon the hesltating
opinion of the Attorney General, he has undertaken
not only to levy taxes TO the amount OF millions upon
the people, but to prescribe regulations for its colec
ton and for ascertainng the value Of imported mer-
chandise, which the law had, IN express TERMS re-
served for the legislative action of Congress.
And now, to crown this system of continual and
unrelentng exercise of executive legislation by the
alternate gross abuse Of constitutional power and
bold assumption Of powers never vested IN him by
any law, we come to the veto message, referred by
the House to this committee.
comparative review of the four several yetoes
which, in the course of fifteen months, have sus-
pended the legislation of this Union, combined with
that amphbious production, the reasons for approx
ing and signing BILL and at the same time striking
by judicial construction at its most important enact
ment, illustrated by contemporaneous illusions OF
temper and of sentiment divuged at convival festi-
vals and obtruded upon the public eye by the fatal
friendship of sycophant private correspondents and
stripped to its naked nature by the repeated and daring
assumption both of legislative and of judicial power,
would present anomalies of character and conduct
rarely upon earth. Such an investigation,
though strictly within the scope of the instructions
embraced in the reference to this committee, would
require v0luminous report which the scantiness OF
time will not allow and which may not be necessary
for maturing the judgment of the House upon the
document now before them
The reasons assigned by the President for return
ing to the House of Representatives, with his obec
tons, the bill to provide revenue from imports, and to
change and modify existing laws imposing duties,
and for other purposes, are preceded by bIe dsser-
allon upon the painful sensations which any indipi
dual invested with The Veto power must feel IN exer-
The paragraph is worded with extreme cauti n, and
with obvious intent To avoid the assertion, made In
such broad end unqualified in the letter read at
the Philadelphia lndepende dinner party, that
Congress enact loB without the concurrence
of the Executive There is in this paper a studious
effort to any individual from the mpuiaiion OF
asserting The unqualified Independence of the Execu-
tive upon the Legislature, and the Impotence of Con
gIess 10 enact any law without hm. That assertion,
made in explicit and unqualified terms in the PM.
lei nh Ipf Il a
vowed. The exercise of some independence of judg
ment IN regard to all acts OF legislation, 10y any lodi
vduai invested with the Veto power is here curtaed
and narrowed down to the privilege Of not yield
ing his wel-cons dered most deeply fixed, and re-
peatedly declared opinions matters of great public
conc, Inment, to those of coordinate department,
without requesting that department seriously to re-
examine the subject of their difference. The co-or-
dnale department to the Legislature is longer the
coordinate branch efthe Legislature The power of
Congress to enact law without the cooperation Of
any individual Executive is conceded-not merely by
unavoidable inference for the closing paragraph of
the message recurring again to the same troublesome
"reminiscences, observes that, after all, the effect OF
what he does is substantially call Congress to
consider tue subject. IT, on such consideration,
majority of two-thirds of both Houses ould be in
favor OF this measure it will become a law, notwiih-
standing his objections The trusm of this remark
may perhaps, be accounted for by the surmise that it
was new discovery made since the writing OF the
ana tue nouesl pre-
sumption ascrbed to the Constitution that the Exc
cutive commit no error of opinion unless two
thirds of both branches of the Legislature in
f1ict with him, is tempered by the amiable assurance
that, IN that event. he will cheerfuiy acquiesce in
result which would be precisely the same whether he
should acqulesce in 1t act. The aptitude Of this
hypothetical position may be estimated by the caIcua-
ton of the chances that the contingency which II
supposes is within the verge of possibility.
The reasons assigned by the President for his OBJ
ectons to this bill further preceded by narrative
of his antecedent opinions and communications on
the subject of distributing the proceeds of the sales
the public lands He admits that, at the opening OF
the extra session, he recommended such di,trbu-
ton, but he that this recommendation ex-
pressly coupled with the condition that the duties on
iupor should not exceed the rate of twenty per cent
provided by the Compromise act of 1888
Who could Imagine that, after this most emphatic
coupling OF the revenue from duties Of inposs, with
revenue from the proceeds OF the sales of the public
lands, the first and paramount objection of the Presl-
dent to this bill should be- that unites two subjects
which, SO far from having any affinity another
are wholly Incongruous in their character which two
subjects are ldentcay the with those which he
had coupled together in his recommendation to Con-
gress at the extra session If there was no affinity
between the parties, why did he join them together
Ii the union was illeglmae, who the administer
ing priest of the unhallowcd rites 1t is objected to
this bill that 1t is both and appropriation
bill What then Is not the act of September 4
lS4l apI roved and signed by tie President himself
both revenue and an appropriation bill 2 Does j,
not enact that, in the event of nsu Efficiency of m
post duties, not exceeding twenty per ad va
oem to defray the current expenses of the Govern
ment the proceeds Of the sales of the lands shall be
levied as part OF the same reyenus and appropriated
the same purposes2 The appropriation of the pro-
ceeds of the sales of the public lands defray the or
binary expenditures of the Government is believed to
be system Of fiscal management unwise, in.poIitic
improvdent, and UNJUST and it is precisely for that
reason that the bill now before the House provides
that they shall not be 50 appropriated. The public
lands are the noble and nappreciable inheritance of
the whole nation The sac of them to individuals is
not tax upon the purchaser, but an exchange OF
equivalents scarcely burJensome to the grantee
than IT he should receive it as gratuitous donation.
10 appropriate the proceeds of the sales to def az the
ordinary expenses OF the Government is to waste and
destroy the property. This property is held by Con-