Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1848-08-10

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ted shall be vested in the Senate and House
of Representatives" No part of the legis-
tive power is given to the President of the
United States. In the judgment of the faith
ers of the Republic the Executive never
constituted an essential component part of
the legislative power. A qualified power of
revision was given to him. but it never was
intended that he should exercise any legis-
latlve power. In order that we may under
stand this subject, which enters largely into
the great questions now before us, let me
read portion of the debate on the adoption
of the Constitution. am particularly de-
sirous of the attention of the Senate to this
point, because | wish it to see by whom
these extreme notions in relation to the veto
power were originally advanced. During
this session of Congress, we have heard the
honorable Senator from Ohio, mir. ALIEN
utter very strong denunciaiions against Col
Hamilton as the intentional advocate of king
ly and monarchial doctrines, and traitor
to the cause of liberty. | do not stand here
for the purpose of branding one of the grea,-
est men the country ever produced with ig-
nominious charges but desire to show that
the great leader of the Federal party, when
this subject was first presented to the con-
sideration of the old Continental Congress,
was the very man to press this veto power
upon the convention and to insist upon its
being made absolute and unqualified. In
Madison's state papers, page ISL, we read :
Mr.. Gerry's proposition being now be-
fore the committee, Mr.. Wilson, (then called
consolidation iederalist,) and Mr.. II am
iton moved that the last part of it be struck
out, so as TO gice the Erecutice an absolute
negative on the lars. There was no dam
ger, they thought, of such power being
too much exercised 1t was mentioned by
Col. Hamilton, that the King of Great Brit
am had not exerted his negative since the
Revolution" ii. e. 1861
That is the argument in favor of the abb
solute veto made by one who has been rep
resented in this chamber, as the great ars-
tocrat and monarchist of that day. Mr.
Gerry, Democrat of that day
Mr.. MANGUM, Tin his seat.) Republican.
Mr.. CLAYTON thank my friend for the
word. Republican is much better name.
Mr.. Gerry said he saw no necessity for
so great a control over the legislature, as the
best men in the country would be comprised
in the two branches of it
DIR. FRANKLIN said, he was sorry to dil.
fer from his colleague, for whom he had
very great respect, on any occasion, but he
could not help it on this. He had had some
experience of this check in the executive
on the legislature, under the proprietary gov
eminent of Pennsylvania. The negative of
the Governor was constantly made use of to
eXtort money No good law whatever could
be passed without a private bargain with
him. If the executive was to have
a council, such power would be less OBJ
Iectionable. 1t was true, the king of Great
Britain had not, as was said exerted his neg-
alive since the revolution but that matter
was easily explained. The brides and emol-
uments now given to the members of Par
lament rendered it unnecessary, every thing
being done according to the will of the min
listers. He was afraid, if negative should
be given as proposed, the more power aud
and money would be demanded, till at last e.
nough would be got to influence and bride
the legislature into complete subsection to
the will of the executive"
Then comes the Republican shoemaker
Roger Sherman. What did he sayl
Mr.. SHERMAN was against enabling any
man to stop the will of the whole. No one
man could be found so far above all the rest
in wisdom. He thought we ought to avail
ourselves of his wisdom in revising the laws,
but not permit him to override the decided
and cool opinions of the legislature"
Mr.. Wilson said in his speech for the We
to, there might be tempestuous moments
in which animositles may run high between
the executive and legislature branches, and
in which the former ought 10 be able to de-
fend ITSELF"
"Mr. BUTLER had been in favor of sim
| gle executive magistrate; but could he have
entertained an idea that a complete negative
on the laws was to be given him, he certain
ly should have acted very differently 1t had
been observed, that in all countries the ex-
ecutive power is in a constant course of in
crease. This was certainly the case in
Great Britain. Gentlemen seemed to think
that we had nothing to apprehend from an
abuse OF the executive power. But why
might not Catalina or Cromwell arise in
this country as well as in others !"
Mr.. BEDFoRD, of Delaware, was oppos-
ed to every check on the legislature, even
the council of revision first proposed. He
thought il would be sufficient to mark out
IN the Constitution the boundaries to the
legislative authority, which would give all
the requisite security to the rights of the
other departments. The representatives of
the people we're the best judges of what was
for their interest, and ought to be under no
external control whatever. The two branch
would produce a sufficient control within
the legislature itself"
Col. MASON observed, that vote had
already passed. he found-he was out a, the
time-ior vesting the executive powers in
single person. Among these powers was
that of appointing to offices in certain cases.
The probable abuses of negative had been
well explained by DIR. Franklin, as proved
by experience, the best of all tests Will
not the same door be opened here The
executive may refuse its assent to necessary
measures, till new appointments shall be re-
ierred 10 him; aud, having by degrees en-
crossed all these into his own hands, the
American executive, like the British, will,
by bribery and influence, save himself the
trouble and odium of exerting his negative
afterwards. We are, Mr. Chairman, going
very far in this business. We are not in
deed constituting British government, but
dan ,lo