The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-08-20

through long series Of weeks in both branches OF
the Legislature The process of CESSATION, through
which alone such complicated system could be or
ganized, necessarily consumed many months OF time
nor were the committees OF the House exempted
from severe reproach, which the purchased presses
of the Executive Chief are even yet casting upon
Congress, without rebuke or restraint from him-
The delays were occasoned by the patient and UNI
wearled investigation of the whole subject by the
appropriate committees. As the period approached
when the socalled compromise tariff was to be con-
summated leaving the Government without any rev
enue tariff sanctioned by the law, the prudence of
Congress- without precipitatng their decision upon
the permanent system which they fondy hoped to es-
tablish provided and sent to the President tempo
rary expedient limited in its operation to the space of
one month during which, to avoid, they thought,
the possibility of collision with the apprehended
antpathes of the President they had suspended for
the same month the distribution of the proceeds OF
the sales of the public lands; which, by previous
law, to take effect the day after the expiration
of the compromise. Not only was this most
ciliatory measure CONTEMPORARY rejected, but in
total disregard of the avowed opinions of his own
Secretary OF the Treasury concurring with those
nearly unanimous of al the most eminent lawyers of
the land, in solitary reliance upon the hesitating
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 collec
tion and for asccrtainng the value of imported
chandise, which the law had, in express terms, re-
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 vetoes
which, in the of fifteen MONTHS have sus-
pended the legislation of this Union, combined with
that amphibous 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 divulged at conviva festi
walls, 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 seen upon EARTH Such an investigation,
though strictly within the scope of the instructions
embraced in the reference to this committee, would
require vouminous 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 from IMPORTS and to
change and modify existing laws imposing duties,
and for other purposes are preceded by brief disser-
tation upon the painful sensations which any indipi-
dual invested with the Veto power must feel in
csing 1t upon important acts of the Legislature
The paragraph is worded with extreme caut n, and
with obvious intent to avoid the assertion, made in
such broad and unqualified terms in the letter read at
the Philadelphia Independenceday dinner party, that
Congress can enact Lap without the concurrence
of the Executive. There is in this paper studious
effort to any individual from the imputation of
asserting the unqualified Independence of the Execu-
tive upon the Legislature, and the impotence of Con-
gress TO enact any law without him. That assertion
made in so explicit and unqualified terms in the Phi.
ladelpha letter. is here virtually dscaimed and dsa-
vowed. Ihe exercise of some indepe idence Of judg
ment In regard to all acts OF legislation, by any ind
vldual Invested with the Veto power is here curtaed
and narrowed down to the mere privilege of not yield
my his well-consdered, deeply fixed, and re-
peatedly declared opinions matters of great public
Government, to those of coordinate department,
without requesting that department seriously to re-
examine the subject of their difference. The co-or-
dinae department to the Legislature longer the
coordinate branch Of the Legislature The power of
Congress to enact law without the corporation 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 to call on Congress
consider the subject. IT, on such consideration,
majority of two-thrds of both Houses s-ould be in
favor OF this measure, it will become law, notwith-
standing his objections. The truism of this remark
may, perhaps, be accounted for by the surmse that il
was new discovery, made since the writing of the
Philadelphia dinnerparty letter. and the modest pre-
sumption ascribed to the Constitution that the Exc
cutive can commit no of opinion unless two
thirds of both branches of the Legislature in
lict with him, is tempered by the amiabe
that, in that event, he will cheerfuly acquesce in
result which would be precisely the whether he
should acquesce in it OF aot. The aptitude OF this
hypothetical position may be estimated by the cacula
ton of the chances that the contingency which il
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 or
the subject of distributing the proceeds of the sales
the public lands. He admits that at the opening o
the extra session, he recommended sucn disribu.
ton, but he that this recommendation was ex
pressly coupled with the condition that the duties on
Imports should not exceed the rate oftwenty per cent
provided by the Compromise act of 1888.
Who could imagine that, after this most emphatic
coupling of the revenue from duties of imposts, with
from the proceeds of the sales of the public
lands the first and paramount objection of the Pres
dent to this bill should be- that it unes two subjects
which, far from having any affinity to one another
are wholly incongruous in their character which two
subjects are identcaly the with those which h.
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 Illegmate, who was the administer
ing priest of the unhalowcd rites 1t is objected tc
this BILL that is both and appropriation
bill What then Is not the act of September
l84l, approved and signed by tie President himself
both revenue and an appropriation bill Does il
not enact that in the event of an insufciency of i'm
post duties, not exceeding twenty per centum ad va
loren, TO defray the expenses of the Govern
ment the proceeds of the sales of the lands shall be
levied as part ofthe same and appropriated
the same purposes2 The appropriation of the pro-
of the sales of the public lands defray the or
binary expenditures of the Government is believed tc
be system of fiscal management unwse iLpoIitic
improvdent, and unjust and it is precisely for thai
reason that the bill before the House provide.
that they shall not be appropriated. The public
lands are the noble and nappreciable inheritance OF
the whole nation. The sale of them to individuals is
not tax upon the purchaser, but an exchange Of
equivalents, scarcely burensome to the grantee
than if he should receive it gratuitous donation
To appropriate the proceeds of the sales to deay the
ordinary expenses OF the Government is to waste and
destroy the property. This pIOuertY is held hx Con-