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

One Of the Select Comittes to ,phom referred the
Message Of the President returning, sclh has otJec-
tons, the Bill ITO opids revenue from Imports, and
TO change and modify eristing iacs imposing duties
on imports and for other purposes"
The undersigned, member of the Select Committee
to whom the objections of the President the bill emit
tied BILL To provide revenue from imports, and to
change and modify existing laws imposing duties on
imports, and for other purposes" referred, be-
ing unable concur in the views of the majority Of
the committee, would assign Of the reasons
which have influenced him in coming to different
conclusion. He cannot refrain from inquirng for
what purposes this committee has been raised, and
protesting against the unprecedented and extraordl-
nary course which majority of the House OF Rep
resentatves have determined to pursue tins occa-
sion; certainly opposed to all the establish
ed usages of our Government and as the undersigned
believes in conflict with the provisions of the Con-
stitution. The language of the Constitution is as
follows: &c Every bill which shall have passed the
House of Representatives and the Senate SHALL be-
fore it becomes law be presented to the President
of the United States; if he approve he shall sign it,
but if not he shall return it, with his objections to
the House in which it shall have originated, who
shall enter the objections large their journal and
proceed to reconsider it. If after such reconsidera-
ton wothirds of that House shall agree to pass the
BILL it shall be sent, together with the objections to
the other House, by which it shall likewise be re-
considered, and if approved by two-thrds of that
House, it shall become law"
The bill in question having passed both Houses
was sent to the President by whom it was returned
to the House of Representatives, where originated.
Instead Of proceeding Gas the Constitution drects)
"to reconsider it,, the bill is laid the table, and
the Presidents objections are referred to a Select
Committee. In ordinary Parliamentary proceedings,
where bill has passed either House Of Congress
and motion is made to reconsider the same pend
ing such motion the bill ITSELF having once passed. is
not before that House for any general purpose, and
only be brought again within the power of the
House by a reconsideration of the vote its pas
sage. A motion, therefore, to commit, to postpone,
or lay such bill the table, could not attain its
object, and therefore could not be made. In this
case the bill had passed both Houses and could not
again come under the action of either except by the
express provision of the Constitution That pro-
vision is mandatory and explicit. 1t prescribes the
only legislative action which take place on the
Presidents objections and the bill. The House is
0lr6CtcQ TO entcr the OD]cCtOnS al their
journal and proceed to reconsider it' (the billy.
The question of reconsideration, therefore, is raised
by the Constitution. 1t is reconsideration of the
bill not merely of the vote on its passage 1t is the
only question which raised in reference to the bill
and it is one which the House is not at liberty to
eyade or suppress. The objections which the Con-
stituton requires the President, if he does not APP
prove, to assign, do no more than suspend the bill
which without them would become law, and which
notwithstanding them may become law, if on the
reconsideration which not only permitted but pre-
scribed, it approved by two-thirds." The Con-
stituton therefore, clearly contemplates that when
bill Is returned with objections by the President
shall be subjected to the test Of another vote. The
importance attached to this requisiton by the wise
and patriotic trainers of the Constitution NAV be in
ferred from the provision that Gin all such cases the
votes of both Houses shall be determined by yeas
and nays" If the Federal Executive had been in
vested with an absolute instead Of qualified Veto
there would have been necessity for these precau-
tions to insure vote on the reconsideration. Con-
gress are more at liberty to fail refuse to re-
consider the bill returned with objections, than the
President would be to decline to approve or return it
with his objections. The bill cannot be altered in
any respect by one or both Houses. The House to
which it is returned is not at liberty to separate the
its Journal and the BILL if twothirds shall pass it,
is to be sent, together with the objections to the
other House." Before any bill can become law it
must be sspresented to the President" If he APP
prove, II IS q law. III ne return ne is bound to
state his objections and Congress not permitted
to convert the qualified power of the Executive to
subject bill to another direct vote on the yeas and
nays into an unqualified and absolute Veto as they
may efectuay do by refusing to proceed to the re-
consideration by silently acquiescng in the Presi-
dents objections without another vote. The obiec-
tons of President operate check on the uncon-
stitHtiona inconsiderate legislation of mere ma
jority in the first instance and two-hrds on the re-
consideration are as effectual check on the Veto
Under the Constitution, "each House may deter
mine the rules of its proceedings, but in this parti-
cular case the Constitution itself has determined the
rule of proceeding. The question is, whether that
rule is paramount and indexible, whether like or
binary rules, it be modified, suspended or abro-
gated. Does the reconsideration enjoined by the
Constitution give the House more extensive power
over the bill than it had under its own rules after its
passage? 1t is not denied that the reconsideration
involves the merits of the BILL well as the force OF
the Executive objections, that deliberation and
discussion are essential 1t is maintained, however
that the action of the House is prescribed and thai
it is limited to single object and that is the recon
sderation of the bill it passed both Houses and
it was returned from the Executive with his obiec
tons. If it be laid the table, or postponed OF
committed it may be withdrawn from the reconside
ration of the House by the vote of a mere majority
That majority may refuse to take it up agair
and thus prevent vote on the reconsideration. In
this instance majority have laid the bill on the ia
bic and have refused to take it up. 1t depends on
the will of that majority whether it shall be taken uT
and reconsidered at all. They have then claimed
and by force OF numbers exercised authority
which may altogether disregard and dispense witt
the positive requistion of the Constitution The,
have separated them from the objections. The for
mer may or may not be brought to direct vote OF
its merits with the yeas and nays 1t may be expe
dent for the bare majority of four, by which it org
naly passed, to permit that bill to slumber forever
under the Indirect vote to lay on the table vote
which does not involve the merits of the bill, moi
meet the acquisitions of the Constitution The powe
to lay on the table is power which can also commit t.
select or standing committee, or to Committee O
the Whole, where the yeas and nays cannot be had
or which can postpone indefinitely beyond tn,
session. The power assumed in these dferen
modes is the same. 1t is the power to control thu