The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-11

VI Jouihai was utspcnScd WIN
saIrHsosAs RsrITUrE
On motion of Mr.. EVANS, the Senate proceeded,
in COMMITTEES of the whole, 10 the consideration OF
the "Act 10 establish the Smithsonian Institute for
the diffusion OF useful knowledge among mem"
which had been reported by the Senate committee,
with amendments. ..
Mr. f. moved that the amendments be rejected;
which motion agreed 10. -.. ~.
The bill was then reported to the Senate without
amendment, and ordered TO a third reading. The
bill was then read a third time. OIL
The question being upon the passage of the BILL
Mr. ALLEN, the yeas and nays were taken, and
resulted follows. elsa.
YEAs-Msssn. Archer Atchison Barrow, Bsrrlen
Cameron chlsy, John NJ Clayton Tho%ss Clayton Cor
nsgin Johnson Of Louisiana Johnson Of Maryland Lewis
Msnsum. Miller MOrshsad Phelps, sPeight. Sturgeon
XAYs-sIs.sn. Allen. Ashley AthsrtOn. Basby Benton,
Calhoun, Dickinson Fairfield MeDums ssmPls, Turnsy
Westcott. and Yulss-la
So the bill passed.
cryIL AND DIPLOMATIC APPROXIMATION BILL.
Mr. LEWIS, from the committee Of conference
upon the disagreeing votes Of the two houses upon
the civil and diplomatic appropriation BILL submit
ted report in relation thereto, recommending that
the Senate recede from sundry amendments thereto,
and that the House reeede from others
Mr.. EVANS hoped that the amendments would
he explained item for item.
The amendments and disagreements were read
by the secretary, IN cOnnehlon win the PORTIONS ~
the bill to which they referred, which having been
concluded, the report Of the conference committee
was concurred In.
SUSPENSION or JOINT RULE.
A Joint resolution (from the House Of Represent
atiyes) suspending the joint rule Of the two houses
OF Congress which provides that no bill shall be
sent TO the President for his approval on the last
day Of the session, was considered, and agreed to-
VETO OF THE FREscH ISOLATION BILL.
A message from the President Of the United States,
returning herewith the bill to provide for the ascer
tainmeni and settlement Of claims OF American citi-
zens for spoliations pnor TO l5OO, with his objee-
tons thereto, was read.
(The message will be found in another column
Mr.. J. NJ. CLAYTON then rose, and thus adj
dressed the Senato
The presidential veto which has now been read
nav challenge the annals Of this government for q
parallel IL is the first instance in the history Of this
republic in which the Executive has 80 far extended
the executive power to defy and override the sol
emn and deliberate opinion OF both branches OF
Congress, in the Of mere prtpaif claim, lin
volyng no question Of constitutional @aw,) "upon
the ground Of its inexpediepcy Pc"
IL is the first instance in vkchthe executive veto
was ever extended to what may be properly called
a mere private bill, on any ground whatever. Con
gress has never before been denied the right to pay
What il deemed to be Just debt TO any OF our citi
zens The President Of the United States, after
acknowledging his want OF accurate or minute IN
formation subject involving no earthly consider
alton but mere claim for money due from the
American government to American etzens, and de-
hberately decided by an American Congress-afer
plainly confessing that he had not EXTENDED his
examination of the subject into its minute details"-
has ventures the opinion that the claims are OF
doubtful character" and the bill for their relief ga
Questionable measure;" and then, efter assigning
such a reason for his action, has reversed the dec
sion Of Congress, thus rendering any further appeal
by the claimants to the justice Of the country, dur
ing his whole administration, absolutely hopeless.
Ii opens a new chapter in the history Of execu-
tive power. IL is the beginning of new volume in
the history Of executive encroachment. We may
allremember with what indignation the friends OF
General Jackson during the early part Of his execu
tive career denied the unfounded rumor that he had
put his upon private bill; that Is, on mere
claim acknowledged by Congress as due from this
government, to private citizen.
Sir every man rIust readily see, that if the repre-
sentatives ~ he "pe can thus be deprived Of the
power to !nistCr ustce to American citizens, the
Executive partmtu may resolve itself into one of
the grossest tyranny. The claim of every American
on his own government must depend upon the ar
bitrary decision of man. from whom no appeal
be had that is not nominal instead of real in its
character.
Mr.. President, do not stand up here to-day for
the purpose Of waging indiscrimnate warfare
against any and every exercise Of the veto power
That il is dangerous power, and one very liable to
abuse, all intelligent men readily agree. The En-
gsh revolution, carried by the wings Of 1885, which
first laid solid foundation for those liberties which
EnglIshmen enjoy, virtually expunged this whole
principle from the constitute IN of The British
archy. More than one hundred and fifty years have
elapsed since any king Of England has dared veto
an act of Parliament And how has the power been
exercised by great statesmen in country Gen
eral Washington was most cautious in the exercise
of the veto power, and kept it strictly within its
stitutional limits. Thomas Jefferson, and both the
elder and the younger Adams, avoided the fthe
veto atogether-not a single instance of its applica-
ton having occurred within their administrations.
The ancient and legitimate democracy Of this coun-
try occupied precisely the same position in refer
ence to this whole subject which the wings
are now resolved to maintain So strongly was
Thomas Jefferson opposed to the exercise Of this
power that he refused TO apply it in notable case
where his opinions even, on a constitutional
@Bion, had been openly expressed in opposition
tyxhe legislative will; and he yielded up his own
constitutional scrupes by approving supplemental
bill to the charter Of the Bank Of the United States
IL was no tenet Of the democracy Of his day to
strengthen the zone man power" but the doctrines
which he profeased (avowing the utmost jealousy
of Executive encroachment) have gone out Of
fashion. Mr.. Madison, while writing on this sub
iect declared that "the primary inducement in con-
ferrng the veto power upon the Executive, is
able him to defend himself Indeed, even in Eng.
land where the king is considered part Of tho Par
lament and, therefore, pos essDg share Of egsia-
tive power, the royal negative would only be per.
mitted in cases where Entertainments were attempt.
ed upon the royal prerogauyes" He thence i0'
fers forori that in the United States, where the
President is expressly excluded from any share IN
the legislative power, the Presidents negative would
never be permitted by nation Of freemen, tex
cept in cases where manifest encroachments were
attempted upon presidential rights and duties, or
where the negative required to preserve the
stuon from violation"
That the trainers of the constitution never in
tended that any President should apply this power
to case like that before US, will be manifest when
we reflect how utterly impossible it must be for
any one man, while dischargng all the executive
duties enjoned on him by the constitution, to SUI
peradd to these the more than herculean task Of ex
aiming into the cxpedency and sheer justice Of ev
cry act Of Congress involving question Of private
right We who serve in these halls, and who act
ms members Of committees in Congress, would
laugh at the folly and ridiculous pretensons Of any
man among us who should assert that he had accu-
rately examined every bill of this character which