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

rate report of the majority.
Free Government depends constitutional checks;
otherwise, democracy is desPotism. Each Iiouse u
Congress has an absolute negative upon the other
The American Judiciary exercises power to annu
laws The Union and the States, respectively, III
some instances nullify each others legislation the
sovereign arbiter being the people, never ye IN more
than fifty years of prosperous experience, laihg 10
;nterpose their political omnipoence, peaceably in
tegibly, and for the general welfare. In addltion
to these fundamental principles, which are the con-
sentative bases of our free Institutions the Constu
ton of the United States requires the Executive Ma
gistrate, if he disapproves act OF Congress- to re-
turn it, with his objections, to its authors, and call
upon them to reconsider, before it become law
There veto as is too often supposed, either In
the word the spirit of the Constitution, but mere
authority for Executive reference to legislative recon-
sideraton. Unfounded resemblance has been igno-
rantly supposed between this American provision for
elaboration prevent errors OF passion and precp
fancy, and the absolute inhibition OF the Roman, or
the modern royal veto. There is no resemblance
whatever between them. They are as unlike as
free and absolute Government; unlike as the Po-
lish veto, which allowed every member of a single
branch Legislature, without reason to repudiate any
of its proceedings by his single and solitary voice
Equally unfounded is it to suppose, as ignorance OF
their operations frequently does that the monarchs OF
France and England are not absolute enough to use
the veto. They it every day, one of them In the
exclusive right of initiating all legislation and both
of them by the vaster means OF Executive influence
Wnat mas been pdSSlOnately StlBmatStQ as onc-
power in this country IS, in prnclple the same
thing the separation of Congi ess into two bodies
to correct the errors, Of each other, though much
less powerful, because the power of majority, by
single vote in either House is absolute, while that OF
the Executive is merely suspensive and subordinate.
Had all the members of the House of Representa-
tives voted the tariff BILL it would have been either
carried lost by vote and that the casting vote
of the Speaker. There is much OF one-man power In
all free government
Mo- iorifi in i'm on oil he ac-
sentia points and principles of the declaration of
rights, were but one two, or three. All the great
critical questions about men and measures from TIA
to 1778, decided by the vote OF single State,
and that often by the vote of one individual. The
Declaration of Independence itself was so carried
The English revolution Of 1858 was determined by
two votes in Parliament. The King of France
was condemned to death by a very few votes. JEFF
ferson was elected in place of Burr after thrty-seven
trials, by vote. The expedition in HAS, from
New England against Cape Breton, which gave peace
to the world, was carried in the House of Represen-
tatves of Massachusetts by single vote Most OF
the acts of Congress, in the memorable session OF
1894, were carried by the casting vote of the Vice
President. The vote of New York, which finally led
to the convention for forming the present Constitu
ton, after the failure of the Virginia attempt, by
which only the States were represented at Annapo-
lis, was carried by vote. The first Bank OF the
United States failed to be rechartered by the casting
vote of the Vice President The late Bank of the
United States was negatyed, when first proposed, by
the Speakers casting vote. This instructive enume-
ration might be much enlarged, teaching that the re-
sponsibility Of man has often saved States and
changed constitutions. Such salutary executive au-
horty has been exercised from the outset of Ameri
can Government with marked approval by an intelll-
gent people, wisely approaching in the Chief Repre-
sentative the nestimable value OF hrm and Judlcl-
nterpostion of this conservative and ndispensa-
BILE relief. For the first time in the annals of the
United States, this immediate emanation OF the Con-
stitution is subjected, the motion OF an Ex-Presl-
dent the chairman of this committee, to the obsruc
ton of the technicalities OF legislation. The
Constitution commands to journalize the FRESH
dents objections, and then vote on them. The
House did his premonitory objections to like
bill, but sent him another. Had power to do SO
Were not the functions of the House exhausted by
the previous proceeding? Can they reiterate upon
the Executive bill which he has returned, and the
House cannot carry No such attempt was ever
made before. The undersigned feel it their imperi-
duty to protest against and resist it by the only
means left to minority, preventive of the unconsti-
tutonal acts of an angry majority, believing that the
time is at hand when they will themselves most
regret, all will condemn, the innovation.
The succession of the acting President to the Chief
Magistracy unavoidably followed by collisions be-
tween him and the party who selected and elected him.
because he suffered himself to remain in the hands Of
their advisers instead of his Those whose po-
tcal sympathies the undersigned enjoy are in
spect answerabe for this strife which they have uni
formly treated with moderation, adhering however,
aggravate the quarrel but calmly and conscien-
tously, with all due respect to aorties inexorably
Iuling in both Houses, stand upon our rights, and
maintain the even tenor OF way, relying upon the
people to correct and restore whatever may be amiss
they have been doing with alacrty ever since the
disastrous commencement of the untoward legislation
of sessions of Congress which have endured for
nearly twelve months of the last fifteen. All the
elections since afford unquestionable proof that if
there is any wrong in the Federal Government
IF rnctO ubf
in full and active operation. While thus abiding
their tme the minorities of the two Houses of Con-
gress abide by the principle that the First Magistrate
OF great people is entitled to respect, and by
opponents should be treated with decorum. We
know no difference in language and feeling towards
the President and those which we use toward each
other in Congress- His not being personally present
is, in our opinion, no reason for maligning his mo-
ves, traducing his character, vilfying his admin
istration The most strenuous, inhexible, and
cessful opposition, consists with the language and
spirit Of moderation and if the people are the in
telligent sovereignty supposed by our Institutions,
woue be more popular than indignation, violence
and oblOquy. The President has communicated his
objections to act of Congress, against which num-
beers so large in both Houses voted to prove be-
yond doubt that it IS extremely Objectionable and
which we in common with every of those large
numbers, representing, as we have every reason to
believe the wishes of large majority of the Amer-
can people, conscientously deem unwise, unjust and,
as many think, unconstitutional The Presidents
objections contained in arespectfu message, tenn
perae in tone, persuasive in argument, and develop
ing topics which we believe will meet with popular
acceptance. Of the several messages of the same
kind, drawn from Mr.. Tyler by this Congress, can
dor and history will acknowledge, we think, that the
last is the BEST in all the merits of reason dcton,
and temper. The Constitution gives him the right
which his conscience enjoins him to exercise AL
lowing the Chief Magistrate, therefore, what every
President is entitled to- and has enjoyed such oc-
casions simply to speak and act for HIMSELF the next
step, according to the Constitution and uniform prac
tce should have been forthwith to take the votes of
the House of Representatives which would undoubt.
edlY have shown that the President is sustained by