Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-08-23

have Influenced him in coming to o different conciu
sion He cannot refrain from inqurng tor what pur
pose this committee has been raised, and protesting
against the Unprecedented and extraordinary course
which majority of the House Of Representatives hav
determined to pursue this occasion: course Ger
tanly opposed all the established usages of our Go
vernnent and the undersigned believes, IN coniic
with the provisions of the Constitution The language
of the Constitution follows: Every-bil which shall
have passed the House OF representatives and the Sc
nate, SHALL before it becomes law be presented to ih'
President ul the United States; if he approve he shat
sign IT, but # not he shall return H. with his objections
10 the House in which it shall have originated, who
shall enter the objections ut large their journal, nne
proceed reconsider it, IL after such recons liberation
two thirds of that House shall agree 10 pass the bill,
shall be sent, together with the objections to the othe
House, by which it shall Likewise be -,considered, onc
approved by two thirds Of that Housc, il shall become
law.
The bill in question having passed both Houses wa:
sent to the President by whom it returned to the
House of Representatives, where II originated In
stead Of proceeding (as the Constitution drects "t
reconsider il, The bill is laid on the table, and The
Presidents objections referred TO Select Com
rmitee In ordinary Parliament proceedings, where
d bill has passed either House of Congress, and
molten is made 20 reconsider the same pending such
motion the bill itself, having once passed. is not before
hat House for any general purpose, and can only be
brought again within the power OF the House by re
consideration of the vote on its passage. notion
therefore, TO commit TO pone, 10 lay such bill on
the table, could not attain its object and therefore could
not be made.
In this case the bill had passed both Houses and cond
not agan under the action Of either except by the
express provision of The Constitution That provision
is mandatory and explicit 1t prescribes the only lie
gisati, which take place the Presidents
affections and the bill The House is directed "ioen
Ter the objections large their Journal and proceed 10
reconsider it, uhe b) The question Of re consideTa
cn therefore, raised by the Constitution IL is re-
consideration Of the only question which is raised in
ference 10 the BILL and is ore which the House
nj liberty evade uppress The objections which The
Constitution requires the President, If he does not ap
prove 10 assign do than suspend The bill, which
without them would become n law, and which notwti-
standing then may become a law, if on the reconsde.a
ton hch not only permitted but prescribed il is sap
proved by two-thirGs. The CONSTITUTIONS therefore,
clearly contemplaes that when bill is returned with OBJ
eclons hy the President it shall be subjected to the test
of another vote. The importance attached To tins re-
oaison by the wise and patriotic trainers of the Con-
s,i;ntion may be inferred from the provision that ain
all such cases the Of both Houses shall b. deter
mined by yeas and nays Ii the Federal Executive
had been invested with absolute instead Of quaI'-
fed veto there would have been necessity for these
PRECAUTIONS 10 insure vote on the re considerations
Congress are no more at liberty fail refuse to re-
consider The bill returned with objections than the Pre-
sdent would be 10 decline 10 approve or return It with
his objections The bill cannot be altered in any
pect by one both Houses The House to which It is
returned is liberty to separate the objections from
the bill They to bc entered on its Journal aud The
BILL if two-hirds shall pass it, is TO be sent together
with The objections, to the other House Before any
hill cal become law IL must be "presented to The Ere
siGeni. II he approve, 1t law 1.-The return II, he
bnnd 10 state his objections, and Congress are not
pc rmitted the qualified POWER of the Execu.
live 10 subject bill 10 another direct vote on the yeas
and nays INTO an unqualified and absolute Veto sihey
may circually do by refusing TO proceed TO The re-
consideration, or by silently acquesc'ng in the Pres'-
dents objections without another vote. The objections
ola President operate check on the unconsuion-
al or inconsiderate legislation of mere majority IN the
first instance, and two thirds on the re consideration
are az riiectua check on the veto.
Under the Constitution, "each House may determine
the rules of it's proceedings but in this particular case
the Constitution itself has determined the rule of pro-
cecdnr The question is whether that rule s paramount
and niiexble or whether like ordinary rules, It can re
modified suspended or abrogated. Does the rec"nsl
Iteration enjoned by the Constitution give The House
more extensive power over the bill than it had under
It's own rules after its passage: III not dened hattEe
reconsideration involves the merits OF the bill, as well
as the force OF the Executive objections, for that deii
beration and discussion are essential II IS minain-
ed however that the action Of the House is prescribed.
and that is limited to single object and that is The
reconsideration of The bill az il passed both Houses,
and as il was returned from the Executive with hls
ohecuns If be laid on the table, or postponed,
or committed, il may be Withdrawn from the recon.
sderaton of the House by the vote oil q mere ma
iori,y That same majority may refuse to take II up
auain and thus prevent vote on the reconsideration.
In this instance majority have laid the bill on the Ia
BILE and have refused TO take up II depends on The
will OF that majority whether it shall be taken up and
re considered at ALL They have then claimed, and
by force of numbers exercised an authority when may
utoreiIer dsre gard and dispense with the positive re-
uofth no
them from the objections. The former may, or may
not be brought 10 direct vote on lis merits win 'he
yeas and nays. II may be expedlrn for the bare ma.
iority of four by which it originally passed. 10 permit
thai bill to snmber forever under the indirect vce 10
,v on The table vote which does not involve the me-
rs Of the BILL nor meet the acquisitions OF The Con-
sti,uiion The power TO lay on the table is power
which can also commit TO select or standing commit
tee or To Committee of the Whole, where the yeas
and NAYS cannot be had, which can postpone lnde'
6n;,elv beyond the session. The power assumed in
III, 40 different modes is the 1t is the power to
control the Constitution by arbitrary rules and by The
party vote of bare maturity OF one House of Con
rress The Message containing the Presidents obJec'
lions has been referred to this committee The power
Of the committee does not extend beyond Inc supc'
REFERRED Reasons recommendations may be II port
ed in answer il. connection with the oaJeci"h' pu'
il is not competent for this or any other conln,',e
cons,;tutionally 10 report any measure whch "' w
s;ruc, the re consideration Of the bill The committee
can then neither suggest or accomplish any pracuca
object of legislation consistent With the Constituted
Tbey cannot report original bill or any amendment
to the bill now the table They may recommend an
mpeachmen or censure oil the fresoent, out 'n's
Recommendation assumes the form Of resolution, The
question in the House The report OF the Commit
tee, and not on the bill AS two questions cannot be
voted on at once this question must either superssde
the re- consideration Of the bill, or mus, Iniepose
new question not contemplated by the Constitution
II is not maintained that the reconsideration enjo'n
-t,I.
eorm nut that the reconsideration OF the bill, with the
ob;cc. imperative, and that it is not within The
legitimate power Of Congress, by any sortot parla
men,ar; DEVICE avoid it, to alter or modify the
direct question presented by the Constitution, W
qualifying or connecting it with any other exIaneous
QUESTION If it be true, then, that this COMMITTEE can