The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-16

reasonably requ Joy the public service.
This brings 10 the precise provisions OF The
Constitution itself, which convey the power to
appropriate money, and fix the duty OF the Exc
cutive and Of Congress in this case, TO which
the Message refers.
The provisions OF the Constitution, which
convey the power to appropriate money and Tx
the duty of the Executive and Of Congress IN
this case, are found in the following
"Art. L. sec. vii, ol All bills for raising re-
venue shall originate in the House Of Representa-
tiyes; but the Senate may propose or concur WIN
amendments, as on other bills.
| "Ciause q Every bill which shall have passed tie
House of Representatives and the Senate, shall, be-
fore it become law, be presented 10 the President
: of the United States. II he approve, he shall
sign 1t but, If not, he shall return Il, with his
objections TO that House in which il shall have
originated, who shall enter the objections at
large on their Journal and proceed TO reconsider
IT, IT, after such reconsideration two-thirds of the
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 reconsdered and If APP
proved by two-thrds of that House, it shall become
q law"
"Sec. TX, cl. G. No money shall be drawn from
the Treasury, but in consequence Of appropriations
made by law
| Upon the perusal Of these clauses Of the Con-
stituion, the attention is forcibly struck with
the precautions manifested TO take care Of the
Peoples money. A precise course is marked
out, and nothing is left 10 discretion. All bills
for raising revenue shall originate in the House
oil Representatives. In the Peoples House
such bills shall originate, and there cannot be a
doubt that, IT in process OF time, the Senate should
originate bill for revenue, there would be
found Hampden, who would refuse to pay this
unconstitutional ship money, if i, may be so
called, and there can be As little question, but
that he would be sustained by The judiciary,
and by The nation. 1t will be proper here TO re-
mark, that the Senate may propose or concur
with amendments. Discretionary power is
conveyed in Discretionary language. The Sc
nate may propose, may concur with amen
ments.
Every bill which shall have passed the House
of Representatives and Senate, shall before ii
become law, be presented TO the President
To fail to present such bill would be breach Of
constitutional duty, without which presentation
II could never be a law. And any rump Con
gress which should attempt to dispense with
| WIG cutthS Ntettu III EAtCu'Ne III ou'h
cases, would, it is to be hoped, meet with its
jus, reward.
If the President approve. he shall sign it
II there be no constitutional difficulty, if there
be nothing otherwise objectionable operat-
ing on the mind of the Executive, he shall then
sign such bill. He has then no discretion left
| him. He has slrorn to support the Constiu-
ton, and that emphaticaliy tells him that If he
approve bill presented 10 him, he shall
sign il.
But, on the contrary, il he do not approve
such bill, he shall return IT, His constilu-
tiona duty and his oath are just as emphatic
and just obligatory on his conscience in the
one case as in the other; and the loritten mill
of the People, which is Tor assuredly ought to
be) the Executive guide in all cases what
soever, must prevail the temporary
TiH OF their representatives IN Congress
and this, If there be any meaning in written
Constitution, is plainly one of the great safe
guards devised by the wisdom Of sages to check
those ebullitons Of faction which they loresaw
would sometimes get possession of the forms of
the Government and fancy that they were
the Vox Del, and that it were treason
against the majesty Of the People for a move
ment 10 oppose it.
After this critical examination Of the Consti-
tuition, the conclusion is obvious, that there is
nothing in that instrument which authorizes
money TO be appropriated to extravagance-
This brings Us to the examination of the second
question.
"a. Is the duty Of The Erecutire fulfilled
by conforming TO ne uniform practice of the
E.recutipe since The establishment of he Cor
ernment by not objectiHg 10 appropriations
on The sole ground Of extravaganza, and by
merely requesting such appropriations, as The
public serrice may be reasonably erpecied 10
requre7
Or, in other words, does an uniform practice
IN opposition TO an express aud positive proyi-
sion OF the Constitution itself. form a guide for
the conscicnces Of public servants, justfyinr
them to follow the practice and disregard the
Constitution
This most vital question will, God willing, be
examined in my next number. MACON.
| llrh March, lS4i.
Will the Richmond Enquirer please insert !
| NOTES.
! Madison's Report, page 37.-The powers of the
Federal Government are limited by the plain sense
and mention Of the instrument constituting that
s1mpact and are no farther valid than they are au
thorized by the grants therein enumerated
The first amounts merely to a declaration that the
compact ought to have the Interpretation plainly in-
tended by the parties to IT the other, TO declars
ton, that it ought to have the execution and effect
Intended by them.
Page 75.-WheDever, therefore, question arises
concerning The c0nstItutionality Of a power: The