Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1843-04-07
From the National Intelligenoer.
THE "PREROGATIVE.n

W uoSlkuple oy luo Hlo VI 'PFeIOgdIFo
the Veto power, and to represent this
regal faculty Of the Executive, in which
every thing else yields 10 his single
will, asl the eminent, the great COnser.
UGtiUe pOWer of the Constitution.
In the maxims Of these Democrats
Of modern date-and many OF them OF
new creGtion-the Chief Magistrate 8
individual will or discretion over that
popular wish or Judgment which is re-
presented by Legislative maior!ties when
they passla VS., is provision not only in
harmony with popular principles, bat
even more: il is directly, positively,
actively, and peculiarly republican, de-
nocratlc and popular.
Yes, 10 this Government of ours,
which is in theory purely representa-
tive one-thal Is, one which, 10 all its
actions and counsels, expresses the
sense, the pleasure OF the greater mum
ber, who are held to be the sovereign
ilseIf-il is held by those who claim TO
be exclusively Democratic, that moth
iug is go essentially or go indeleesiOly
q main part Of this Government Of and
by the people, as that the voice of the
people shall go for nothing, just when
iLpleases singl great officer, strong
or than oil the State besides, to say so.
Mr. Calhoun, Mr.. Benton, Mr. Buch-
anan, Mr., Wright, President Tyler,
with oil the lesser lights Of this new
system Of regal repubIicansm-or re-
publicanism which consists above oil
ihingT in the vosiiug in one man su
preme legislative sCreIion-concur in
this view, and extol the Veto as the
most republican part Of republicanism
1t s, they cry, above all, conservative.
Conservative? Very possibly. but of
whal9 OF the representative priviteg
es or inAuenCe2 Hardly, unless what re
duces them, at itS pleasure, 10 impo
tence, is conservative Of them. If il
10 adverse TO the proper representative
and Legislative function, Of course, then,
il 10 inimicAl in like extent 10 the con
stituent and popular action Of the Gov.
ernment, which is only exerted as TO
Legislation through the Representatives
Of the People.
OF what, then, can it be conservalive7
Not Of the Judiciary since, by assuming
TO judge Of the constiluionalily as we'll
as eApedoncy of all laws, it assumes
jurisdiction expressly conferred by the
Constitution on the judicial department
Of the Government
Undeniably, then, this conservative.
quality must relate 10 the only remain
ing branch Of the Government, the Ex-
ecutive. The Veto is conservative, for
Ihal department, Of powers denied 10 it
by the Constitution. Ii arms the Exc
cutiVe with controlling legislative
power, and at the same time with a judi
cial power, which has no need 10 wait
for o case or hear on argument, but can
at once decide upon the validity Of laws,
simply and absolutely, in The abstract,
as no tribunal 10 the world, except those
assuming q celestial iulalibIIity, was
ever permitted 10 DO.
Il thus appears that, in the new re
publican theory, a power is conserva'
tive because il accrues 10 the Executive
branch Of The Government, not merely
in diminulion OF the general strength
Of the other two branches, but possibly
20 the complete subversion oil their in
dependence, their capacity freely 10 per-
form their own peculiar functions; and
that this enlargement Of the Executive
power is not on y conservative, but the
most conservative OF the resorts OF tho
Constitution.
Upon this system every addition 10
the Presidential power or 'prcrogatve'
must be conservative, For surely IT,
be conservative TO take from the ordInn
Ty legislative or Judicial power, in order
20 vest in Executive discretion a con-
tro over these organized parts of the
political machinery, it must be still
more conservative TO give 10 the Exc
curve whatever additional power can
bo exlorled from those looser morgan
lied means OF political action which lie
UnapproprIuted among tho powers grant
cd TO mono Of the departments.
All this doctrine Of power inherent in
the Executive or resulting from nnalo
gy or The fitness OF things, is Obhorrent
10 Republican principles and TO The spi-
Tit oil the Constitution, There is no
such thing in this Government as pre-.
TogOlive power, There is no power in
the Executive bat thai which the Con-
S'itu'on ccners upon the Executive
office; and such other power--lho leqis
laliVe power, Tor example, as the Con.
stilu'iOn has in express terms lodged
elsewhere, tho Executive has not the
shadow Of right TO exercise. THIS has
been our doctrine from the moment that
Genera Jackson eel up his prerogative
preienslons-p pretensions in 10 respect
less exceplionOble at the present day
than when We FIRST dehounced them dur.