Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-09-06

" cannot devise better mode of giving thea the me-
cessary control than by enabling him 10 appeal TO them
selves IN such cases, by oil the veto power lor
the purpose of asceraining whether they will sanction
the acts of their Representatives He can bring each
of those measures distinctly before the people for hei'
separate consideration, which may have been adopted
| ~ or rolling as parts Of gfea, system.
Tie veto power has long been III existence in Penn
svlyana aud has been often exercised and yet, to my
know ledge it never has been exered III any impor-
,ant case except obedience 10 the public will, or IN
promotion of the interests Of the people Simon Sny-
der far seeing sagacItv detected the evils oil our
present banking system, whilst they yet compa
ratively embryo, has rendered himself immortal by
his veto of the forty banks The system, however
only arrested, not destroyed and we are now sui-
fering the evils. The present Governor has had the
wisdom and courage repeatedly to exercise the veto
power, and always, believe, with public appreciation
In late signal instance, his veto overrnled and
the law passed by ma orty of two-ihIrds IN both
Houses although am convinced that at least three
fourths of the people of the State opposed TO the
!
| In the State of Pennsylvania, regard the veto
power with peculiar favor. In the convention OF 1897,
which was held for the purpose of proposing amend
ments To our Constitution, the identical proposition
now made b. The Senator from Kentucky was brought
forward and was repudiaed by vote of lob 10 IA
This convention composed Of the ablest and most
practical men in the State, and amos. equally d.
vlded between the Two great rival parties OF the cou-
try: and vet in that body, but fourteen individuals
j
tuition in this particular.
Wills, The trainers Of the Constitution thought and
though, wisely, that in order TO give this power the
PRACTICAL effect they designed, it was necessary tna'
anv bin which was vetoed should be arrested, notwith-
standing a majority of Congress might afterwards ap.
prove the measure; the other hand they restrained
the power by comforting on two.th'rds OF each Rouse
the authority In enact the hill into law, notwhsand-
nr the veto Of the President Thus the existence, the
exercise and the restraint of the power are all harmo-
nlousy Blended, and afford striking example oil the
mutual checks and balance of the Constitution so adj
mraby adapted TO preserve the OF the States ana
| Of the people.
The last reason to which shall advert why the veto
power was adopted and ought 10 be preserved, shall
state the language of the seventythrd number OF the
| Federast:
"The propensity (says the author) Of the Legislative
DEPARTMENT to intrudc upon the rights and 10 absorb
the powers Of the other Departments, has been already
more than once suggested This insuiiiciency OF a
mere parchment delineation of the boundaries OF each,
has also been remarked upon and the necessity OF uf-
nishinC each with constitutional arms Tor its own de-
fence has been inferred and proved From these clear
and ndubtable principles results the propr'ety OF a
negative, either absolute or qualified in the Executive,
upon the acts OF the legislative branches.
The Executive, which is the weaker branch, in the
opinion Of the Federast, ought not 10 be lett at the
mercy of Congress, shut ought to possess c"ns,i'u.
,ional and efiecual power OF seli-GefeIc IL ought
10 be able to resist encroachments on It's constitutional
rights.
admit that no necessity has ever existed to use the
veto power for the protection Of the Executive, unless
it NAV possibly have been in single instance and IN
il there was evidently intenton to invade his right
full powers. | refer TO the "Act to appoint day for
the annual meeting of Congress" This act had pass
ed the Senate by majority OF "a TO : but when IL
was returned TO this body by General Jackson with his
objections the majority vas reversed, and the vote
stood hut l6 in favor 10 % against lis passage
The knowledge Of the existence Of this veto power,
as the trainers of the Constitution foresaw, has doubt
ess e1erted restraining influence on Congress mat
hody have never attempted 10 nvace any OF TIE high
Executive powers. Whilst such attempts have been
made by them violate the rights CT the States and OF
the people, and have been vetoed, sense of justice ms
we as the silent restraining influence which proceeds
from Il knowledge tina. the President possesses the
means Of seprotecton, has relieved him from using
the veto for this purpose.
Mr. President did not think, at the time OF IFS de-
livery that the speech Of the distinguished Senator
from Kentucky was of great power; although we
all know that nothing he utter IS devoid OF elo
quence and interest. | mean only to say that did not
then believe his speech characterized by his usual
abiy and was disposed to attribute this to the feeble
state Of his health and the consequent want OF his
usual buoyancy of spirit Since have seen in print
have changed my opinion; and for the first time IN my
life have believed that speech OF his could appear
better and more effective in the reading than in the de-
livery do not to insinuate that any thing was
added in the report o il, for believe IL contains all the
arguments used by the Senator and no more but was
csonished TO find, upon careful examination, that eve
~ possible argument had been urged which could be
used in cause so hopeless. This is my apology for
having detained the Senate SO long in attempting to
answer It,
MIR CLAY observed that he never saw the speech as
written on, by the Reporter, till he read It IN print The
next morning; and, although he found some errors and
msconcepions vet on the whole, il very correct,
and as well as he could recollect contained all the ar
gnme ns lie did make use of, and no more.
Mr. Buchanan did not intend, must have been
evident to the Senator produce the impression that
any thing had been added My only purpose was to
say that it was better speech than supposed, ana
thus to apologize to The Senate for the time had con-
sumed in answering it.
shall briefly refer 10 two other arguments urged 6y
the Senator, and shall then take my seat why says
he should The President possess the veto power tor his
protection, whilst it is not accorded 10 the Jndlcary:-
The answer very easy 1t is true that this power has
no. been granted to the Judiciary in form; but they
possess in fact much greater extent than the Pre-
sident. The Chef Justice of the u > and his asso
ciaes sitting in the gloomy chamber beneath, exercise
the aud irresponsible power oi saying to oil
the departments Of the Government, hitherto shalt
thou no. and no further" They exercise the preroga
tive Of annulng laws passed by Congress, and ap
proved by the PRESIDENT whenever IN their opinion the
legislative authority has Transcribed ITS constitutional
limits Is not this self protecting power much more
form dab.e than the Of the President Two.hirds
of Congress may ovcrrue The Executive veto; but the
whole OF Congress and the President united, cannot
override the decisions of the Supreme Court Theirs
is veto the action of the whole Government do
not say that this power, formidable as it may be, ought
not to exist: on The contrary, consider il 10 be one of
the wise checks which the trainers OF the Constitution
have provided against hasy and unconstitutional legs
laon, and part of the great system Of mutual re-
s,rain,s which the people have imposed on their ser
wants for their own protection. This, however, will
saw and that with the most sincere respect for the in
Gvidua Judges that in my opinion, the whole train Of
their DECISIONS from the beginning faVors The power of
the General Government al the expense oil Stale rights
and State sovereignty Where, ask, is the case to be
found upon their records il which they have ever de-
ci,lcd tia, any &C. of Congress, from the Alien and
5edition Laws until the present day, was unconsu
tiona provided extended the powers of the Federal
Governments Truly they abundantly able to pro-
leci their own rights and jurisdiction against either
Congress or the Executive, or both united.
Again the Senator asks why has not the veto been
for the purpose of amending our Constitutions lfi
be necessary 10 restrain Congress- is equally