The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-26

formation OF law. Laws were the will OF the ma
ton expressed through the representatives of the
nation. 1.-THE execution ut the law was and ought
TO be assigned 10 the Executive Department OF
OF the government, and they knew II was an axiom
of all free governments, that all the departments, the
Judicial, the Legislative and the Executive, should be
kept separate and distinct But II was said the Ira
mers OF the Constitution were induced from two
considerations 10 insert IN that document the provl'
sions by which the President had power TO veto the
law passed in the legislative department. The inst
consideration was, that the Executive might pro-
tect himself against the power OF the Legisla-
tive and the second was that he might guard the
country against hasty and precipate Legislation
against The Executive power The Legislators, as
well the President, were hound by their oaths TO
support the Constitution. Nor had the judiciary
any veto. The argument, which would prove that
one department should possess the veto power 10
guard itself ag inst the Legislative, would prove
that the Judicial department should have the veto,
lest their power should be encroached upon. 1t the
veto power were necessary IN their legislative ac-
ton. there was one description, and most important
II was, offundamental legislation, and why was not
the veto power there He alluded to the Conven-
ten for the purpose of making Constitution for the
being as government. There was no veto power
applied to a Convention. There was no danger OF
precipitation there which made II important to
have the control .of the will OF one man. Elk
perience was ever the safest and best guide -
He had taken the trouble to look into the rs
constitutions of the twenty-six States, which con.
sttue this Union and il was an instructive research
The States were as equally divided as the num-
bers Of which they were composed, would admit,
into three equal parts the subject of the veto
Nine have the veto with qualification of two. thirds
TO pass bill observation-disclosures, Louisiana. Mis-
sissippi, Massachusetts,, New Hampshire, New
York, Pennsylvania, Michigan and Maine. Eight
Of them have the veto with the qualification propo-
sed TO be given by the resolution under consideration
Alabama, Connecticut, Indiana, Kentucky, Missou
ri, Arkansas, Illinois and Vermont And zine OF the
Ssof hava n,xybo " nina
ryland, South Carolina, North Carolina, New
jersey, Rhode Island, Delaware, and Ten
nessee. Now there were these nine States
which had had Constitution, with occasional
amendments, some of them during the time the
Constitution of the Ualted States had existed =
Now II there was this danger OF an encroachmeni
OF the legislative power on the execuiye-lf there
was well-grounded Apprehension, they should have
heard something of these nine States and in that
which was called the mother Of States Virginia)
particularly Bu had they heard land he put to the
partizans OF the weto-he pu; II to the votaries Of
monarchial power-he put it to the Democrats who,
whilez protesting to be the friends of the people,
continued friends Of royal prerogativeshe putt TO
them, that If there was danger, how IL happened
that in one o. these nine States during this long and
arduoss, and successful operation, no instance had
occurred, at least of mschievous character to his
knowledge, Of The power which seemed apprehe nd
ed in such hasty legislation as it was desired to
guard against. Now before he proceeded farther,
let them, il they could, estimate this veto power;
let them see what II was-what its value was, and
what 1t amounted to in the practical operation OF
the Government. He did not mean to go into an
estimate of its moral vaue-he did not mean to es
innate the degree and extent Of the sway which the
President, by means of the vast patronage
he possesses, an exercise over individual mind,
but let them 90 into numerical estimate OF
would do it by its application to the two Houses Of
Congress as they were constituted. The Senate of
tine United States consists of fifty-two members
majority Of tltty-two is twenty-seven; two.thirds
passed by majority and allow him to remark that,
in all great questions which had occurred in this ma
ton down to the present time, they had generally
been carried by bare majortes, or very small eX-
cess beyond ma jority. Let him suppose that a
measure of light importance had been carried in the
Senate by majority OF twenty that II was
toed by the Presiden,and the veto can only be over
ruled by thirtysix votes. Thus they perceived that
votes. Dismiss all the influence of office that results
from his his station, the patronage which he admin
listers, and the operations on the human mind which
he was able to exert-dismss all things Of that kind,
and look to the numerical effect and the veto power
would be found to be equal to nine Senatorial votes
Aud all would gee how it would stand in the House.
where there were 2i2 members. of whom msjo-
rty was l22, and two thirds l62. The veto WINS,
he did not mean 10 say anything derogatory from the
wisdom, and patriotism, and prudence OF any Pres-
dent; aud II was not necessary to do so; and he
was unwilling to say anything unkind of anybody
y,
been Senators In that body; he would allow they
were able men,, but could any one of the six
show degree of wisdom equal to nine times as
much as was possessed by auy other Senator in the
equivalent to tn collective wisdom of forty mem
bers of the House Of Repre- entatives? And did
it h rpen that they should have in that House
aett rs a Senator, who should only have equal
votl with them, but they should transfer the same
mad the other end Of the Avenue, and they should
ASST him power equal to the votes Of nine Sena-
tors md forty Representatives of the other House
1t VI not sufficient that he had all the glory of
high Oice; was not sufficient that he had power
and patronage: that was not enough but it was
necessary to superadd the power eff official station
or force equal to nine Senators and forty members
Of the other House. Bat let them look at this sub.
ject in another point Of view, as It respected the
balance Of power among the confederated States
Now they might reason as they pleased about what
President will or ought to do when he gets into
the Office Of President; but he (Mr Clay) would
answer for il he never woald forget the State from
which he came; there was early recollection and
early association and he would surely have feeling
towards that State which he did not possess
towards any other Was it right, then-looking at
the matter in confederated point Of view, and to
the Just equality Of the twenty-six members who
compose the Union Was il right to give to any
State, which happened to furnish the PresI-
dent, the advantage Of such an addition o.
votes! He did not mean TO illustrate his remarks
about the influence Of locality upon the mind Of the
Chief Magistrate Of the country by recurring 10
any instance that may have occurred; he referred
only to the general influence OF human nature, and
the workings ofthe human breast. But with res.
peet to the veto power, he wsud take another
view Of it, and he contend that practically aud
virtually such qualifc alton exists in the veto
power makes il an absolute veto. No instance had
occurred in this country, and he doubted il any
man living would ever the occurrence Of an
instance in which the veto Of the President " ould
be overruled, when it came back, by two thirds of
both Houses. Most Of the questions in which this
q ind n
Congress, would come with the influence tf the
Executive upon them; all the force Of his reason.
ing, and all the circumst which would attend
Of the body, when bill came to it for reconside-
ration OF the question. on its passage He thought
therefore, that the Cow enton might as well have
declared in terms that the veto should have been
an absolute veto. He was very much afraid that
he had not physical strength to perform the task
he had undertaken, he could wish, and thcr efore
he should come ia another proposition, and that