Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-08-19

imposing duties on imports, aud for other pur
poses"
TWr undersigned, a member Of the Selec, Com,
mi,tee TO whom the objections OF the President to
the bill entitled "a bill 10 provide revenue from i'm
ports, and TO change and modify existing laws ini-
posing duties on imports, AMI foe other purposes,
were referred, bang unable 10 concur IN the views
OF the mai osity OF the committee, would assign
some of the reasons which have influenced him IN
coming 10 a different conclusion He cannot re-
FRAN IRON inq1ir,ng FOE what purposes this commit
Ieo has been raised and protesting against tho I'M
prccedented and extraordinary course which ma.
lnity Of the House of Representatives have deter
mined to pursue this occssion--a course certainly
opposed TO all the established usages Of our Gov
eminent, AMI the undersigned believes 10 conact
with the provisions Of the Constitution. The lam
gutge o the Constitution Is as follows; Every
bill which shall have passed the House Of Repre-
sentltives and the Senate, shall before II becomes
law. be presented to the President OF the United
Safes; If he approve he shalt sign 1t, but IL not he
sh ~ return il with his objections to the House in
which il shall have originated, who shall enter the
objections at large their journal and proceed TO
reconsider il. II after such reconsideration two.
thirds OF that House shall agree to pass the bill it
shall be sent together with the objections 70 the other
House, by which il shall likewise be reconsidered,
and II approved by two thirds Of that House hshali
become law"
The bill in question having passed both Houses
scnt 10 the President, by whom II was returned
TO the House OF Representatives where Il originated
Instead of proceeding las the Constitution drects)
"to re consider it., the bill is laid the table. and
the Presidents objections are reerredt to Select
COMMITTEES. In ordinary parliamentary proceedings
where q bill has passed either House oil Congress
and motion is made TO reconsider the s'me, pend
ing such motion the bill ITSELF having once passed, is
not Def that House for any general purpose, and
can only be brought again within the power OF the
House by reconsideration of the vote on its pas.
sage. A motion, Therefore, 10 commit, 10 postpone,
II
object, and therefore could no, be made. In this
the bill had passed 10 h Houses ard could not
again come under the action OF either except by the
express provision Of the Constitution That provI-
sion is mandatory and explicit IL preseribes the
only legislative action which can take place on the
Pc i'ent's objections and the bill. The House is
directed "to enter the objections at large on their
journal and proceed to re consider il" 1.-THE biD.
The question sideraton, therefore is raised
5y the Constitution. Il is reconsideration Of the
bill not merely OF the vote its passage. IL is the
only question which is raised in reference TO the bill,
and IL is one which the House Is not at liberty 10
evade or suppress The objections which the Con-
sttuton requires the President, IL he does not APP
prove, to assign, do than suspend the bill,
which without them would become a law, and which
Notwithstanding them may become a law, il, on the
reconciliation, which is not only permitted but
prescribed, il is approved by two thirds" The con-
stituton, therefore, clearly conlempates that when
bill Is returned with objections ty the President, II
shall he subjected to the test ofanother vote The
Importance attached this acquisition by the wise
and patriotic trainers OF the Constitution may be IN
ferred from the provision that sin all such cases the
votes Of both Houses shall be determined by yeas
and nays" 1.-THE Federal Executive had been in
vested with absolute instead OF qualified veto,
there would have been necessity for these precAu-
tons 10 ensure vote on the re consideration. Con-
gress more at liberty TO fail or refuse to re
consider the bill returned with objections than the
President would be to decline TO approve return it
with his objections. The bill cannot be altered in
any respec. by one or both Houses. The House TO
which is returned is not at liberty 10 separate the
objections from the bill. They are 10 be entered on
It's Journal and the BILL f twothirds shall pass it,
to be sent. together with the objections TO the
other House." Before any bill can become law 1t
must be presented to the President" IL he APP
prove, IL Is law. Ii he return II, he is bound 10
state his objections. and Congress not permitted
TO convert the qualified power of the Executive 10
subject bill another direct vote the yeas and
nays into On unqualified and absolute veto, they
may efectually do by refusing TO proceed 10 the
consideration or by silently ncquescins IN the Pre-
sidenrs OF jections without another vote. The OBJ
lections OF President may operate as check on
the unconstitutional inconsiderate legislation OF
mere ma orty in the frat instance, asd two thirds
on the consideration as effsetual q check on
the veto.
Under the Constitution, "each House may deter
mine the rules Gifts proceedings" but in this pari-
eular tue Constitution itself mas determined the
rule of proceeding. The question is, whether that
rule is paramount and infsxbe, or whether, like or
binary rules, IL can be modified, suspended abro
gated. Does the reconsideration enloincd by the
Constitution give the House a more extensive power
the bill than had under It's rules after its
passage7 IL IS not denied that the reconsideration
involves the merits of the bill well the frce OF
the Executive objections, nor that deliberation and
discussion arc essential. Il is maintained however
that the action of the House is prescribed and that
IL limited single object, and tnat u Ine recon
A~,i~- .fsha hill 40 &c passed both Hous s. and as
It was returned from the Executive with his obiec-
ton,. IL Il can be laid on the table, postponed or
il may be wiihdraw from the reconside
ration OF the House by the vote oil q mere ma orty.
That came majority may refuse to take it up again
and thus prevent vote on the reconsideration. la
this instance n majority have laid the bill on the ia
bile and have refused 10 take il up. Ii depends on
the will Of that majority whether il shall be taken up
and reconsidered at all. They have then claimed,
and by force Of numbers exercised, on authority
which may altogether disregard and dispense With
the positive TequisItion Of the Constitution. They
have separated them from the objections. The for
mer may or may not be brought 10 a direct vote
rs merits with the yeas and nays II may be eXpe-
dent for the bare majority offour, by which 1t orgi-
naly passed. to permit that bill TO slumber forever
under the indirect vote 10 lay on the table vote
which does not involve the merits Of the bill, nor
meet the requisition OF the Constitution. The power
10 lay on the table ia power which can also commit
10 a select or sta ndng committee, or 10 Committee
of the Whole, where the yeas and nays cannot be had
or Nntcn can postpone DeyOnO the
session. The power assumed in these different
modes is the same. II is the power 10 control the
Constitution by arbitrary rules and by the patty vote
OF bare ajority OF one House OF Congress. The
Message containing the Presidents objections has
been feiered to this Committee. The power OF The
Committee does not extend beyond the subiee; refer.
red. Reasons or recommendations may be reported
answer IN connection with tbs objections, but Il
IS not competent for this or any o:her Ccmmittee
10 report any measure which viii
obsiruct the reconsideration Of the bill. The Com.
mitteo then neither suggest accomplish any
practical object OF legislation consistent with the
Constitution. They cannot report an original bill
or any amendment TO the bill now on the table.
They may recommend an impeachment or n CEN
hure ofthe President but this recommendation
assumes the form Of resolution, the question in
the House is on the report Of the Committee and
not on the bill. As two questions cannot be voted
on at once, this question must oiher supsro ie the
reconsideration OF the bill, or IL must InterpOse
new question not contemplated by the Cons ,u
lion.
II is not maintained that the reconsideration en-
Joined by the Constitution preoludes discussion in
any fJim; but that the reconsideration Of the bill
with the objections, Is imperative, and that il is
not within the legitimate power Of Congress, by
any sort q parliamentary device, 10 AVOID IL, or 10
alter modify the direct question presented 10y the
Constitution, by qualifying or connecting il with
any other extraneOus question. IL IL be true, then,
that this Committee can report no measure 10 the
House affecting the bill which the House is required
10 reconsider, nothing remains which they can DO
but 10 present, IN the shape Of q report arguments
which could be we'll, " not better, presented 10
debate. This 10 the most innocent design which
can be imputed 10 this movement. II is 10 imbndy
IN more imposing form, and 70 present from