The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-08-18

1
precedences which have always been hostile to the
true spirit of the Constitution Under the specious
pretext of defending Congress from what is imagined
10 be AN attack their constitutional rights, IL IS
sought to strip the departments OF of
powers which the Constitution has conhded to them, to
remove every constitutional obstruction to the arb
trary will of Congress, to destroy the equilibrium of
our well considered system of government, and to
sumo unlimited jurisdiction, not only over the
dnate branches, but over the States and the People
Encouraged by the present embarrassed condition of
the country and our public affairs, deriving fresh po-
tical hopes from the general gloom and dependency
| which their own proceedings have the
Union, 1t IS attempted to eXtort from the sufferings
OF the People some sanction for principles of govern
ment which their judgment has failed to rep-
date. The history OF government abounds in
Piles of conflicts between the several departments
1t has sometimes happened that all the departments
combined overthrow the Constitution and but for the
Intelligence OF the People and the controlling power Of
the suffrage in restoring the supremacy of the Constit-
ton over the Legislature the Executive and the Ju-
dietary, such combinations must have been fatal to
our Institutions While it is the privilege and the
duty OF every citizen to arraign either department of
the government, any public officer for nfdelty to
the Constitution and the laws, it is neither wse Just
or patriotic for one of those departments to impair
| the confidence or the harmony which should subsst
between the separate branches of the public service
by fomenting prejudices and discord. They are all
| agents of the People. Their duties are prescribed
| by law which all acknowledge as supreme
Without inquring into the motives which induced
the trainers Of the Constitution to distribute the pow
ers of our government they have DONE and to con-
fer the particular power in question the Executive,
and without reviewing the actual experience of the
| Government to what (from a supposed analogy
not at all obvious to certain powers in Others Gov
ernments,) is commonly called the Veto power, it is
natural that the mind should approve or condemn
the exercise of this power, according to its interests,
opinions or preudices on the subject to which it is
applied This is true, not only to this but as to all
other powers Of government Zeal in the pursuit of
some cherished object of interest or ambition in
duces men, not only to complain when they are
thwared by what they easily believe to be impro
per exercise of power, but to make the es-
tabshed forms OF government and to seek by revo-
luton radical change what they cannot lawfully
obtain The disposition which has been recently ma
infested to some extent to disturb the welladjusted
checks of the constitution by claiming powers for
Congress which that instrument does not confer,
by denying to coordinate branch Of the Government
powers which it does confer in order to establish
particular system of party policy carry election,
must be regarded with deep regret and serious APP
prehensons by the People those whose province it to
Judge and who free from bias, of mere party politics
think, and tee and act, under the superior nhuen-
ces of patriotism, and Government has survived the
shock many political contests because hther
to these contests involved only difference of opinion
to the principles and policy of the Government
organized. 1t has been deemed unwise, well
dangerous, to eXasperate local general preudces
against the acknowledged forms of the Government,
and to enlist the spirit of revolution as auxiliary
to the spirit of party 1t has been lately proposed to
abolish the powers resulting to the Executive from
the clause of the Constitution already cited. There
is evidence of any disposition to second this pur
pose either the part of Congress ITSELF the
part of the States Despairing of any peaceful
change, it is, however, proclaimed that this power is
so dangerous to liberty to justify appeal to
This is urged by those who desire to secure the en-
actment of measures believed probably, by maio-
rty of the People Of the United States and certain
y by the present Executive to be either unconstitu
tonal or grossly inexpedent and injurious. To OBJ
tain the charter for National Bank, when there
few bold enough to believe that any prudent man
would hazard his capital, his confidence, under
the charter, still farther to mpoversh already
empty and indebted Treasury, it proposed to abol-
sh, by amending the Constitution, by revolution
one of the checks by which the Executive depart
ment is authorized arrest the unconstitutional mea-
sures of Congress. double innovation is medated
against the Constitution, and violence is invoked to
annul one of its Executive BARRIERS because it OBJ
stace to the encroachments of the Legislature. If
the veto power, it is called abolished in the
Executive, it would remain in the Judiciary, I'M
constitutional legislation might still be arrested there,
and it would not be in the power Of two-thirds to
| control the decisions of the Supreme Court. Hence
it is perhaps, that disrust has been recently so
phaticaly expressed as to the competency of that
Court to decide questions which have, unfortu-
naely arisen as to the authority Of the Government
to collect any revenue since the Both of June last
The object of those who believe that certain mea-
sures OF party policy Of more consequence than
the present organization of our Government,
ly be partially accomplished by abrogating the veto
of the Executive. There remains, besides the veto
of the Judiciary, the veto of the People All the
powers of our Government, into whatever hands
they may be distributed must be exercised under re-
| sponsibity to the laws and to popular opinion.
When President returns bill to either House of
Congress with his objections he is responsible to the
law to all its penalties and like every Representa-
tive of State district he is responsible also to the
People. These are the great checks of our system,
and they are serving the most important end for
which they have been established, when they restrain
the icentious ambition which is chafed only by Con-
situations, by laws, or by the popular will.
For the first time in the history of our institutions,
they are exposed to a novel experiment. 1t is ne
vertheess, contemplated by the Constitution 1t
is to be tried under very peculiar circumstances. 1t
remains to be seen whether Vice President called
in the regular order of events to the chief Executive
office, can administer the Government without par
ty pledged IN advance to approve to oppose his
Administration; or, in other words, whether the vi
gor and security of Government abides in the
Constitution and laws, or in mere party. With re-
gard to the constitutional convictions of the
incumbent of the Executive office on some of the
subjects to which they have been applied it is I'M
doubleday true that they were well known to those
by whom he was nominated and elected to the second
office OF the Government and by many of whom he
is now bitterly denounced, for being what they, in
the election proclaimed him to be. With regard to
the exercise of the veto power, this instance,
currence to few facts of public notorety and recent
date, will enable an impartial public to decide.
Before the death of the late President, his procla
nation had issued converting Congress in extra SEES
sion. The necessity for this was alleged to exist ir
the state of our finances. Congress assembled the
3lst May, 184l. 1t has been in session. with the in
terval of rather more than two months, ever since
Various expedients were resorted to, during the
ira session, to enable the Government to meet its en-
gagements and defray its ordinary current expenses
Since that period the pay of the Army, the Navy
and the civil list, have been frequently suspended
from the utter restitution of the Treasury. Loans
authorized by Congress, have failed to be negotiated