Democratic banner., 1848-12-25


able consequence, that the whole power o
the goyernment would be merged in thi
Ilsingleg department, and then this great re,
publican fabric would crumble into ruins
His vie~ of the results which would flow
from the sbolishmrnt of the executive We.
ito, are forcibly expressed in the following
passage:
If the principle insisted upon be correct
then the law shoatsy be so changed that M
bill shall become q law, unless it is voted
for by members representing in each house
Ia majority of the whole people OF the Unit
ed States. We must remodel our whole
system, atrike down and abolish not only
the salutary checks lodged upon the -xecu
tive branch, bht must strike out and abolish
those lodged in the Senate also, and thus
practically invest tile whole power Of the
Government in the majority of a single as
sembl,: a majority uncontrolled and abso.
lutte, aud which may become ~despotic. TIC
conform 10 the doctrine Of the right Of ths
majority 10 rule independent of the. check
and limitations of the Constitution, we must
revise the whole system; we must destroy
the constitutional compact by which the
several States agrAsd to form a federal uD-
lion, and rush into>a consolidation which
inust end in monarchy and despotism.- No
one advocates such a proposition, and yet
1.-The doctrine maintained, If carried out,
must lead to the result. ..
One great object in the Constitution in
cOnferring on the President a qualified neg
alive upon the Legislation of Congress, was
to preserve the minority from injustice and
oppression by the msjority. The equslities
of their representation, the Senate and the
Veto Power of the President in Congress
are guarantees which the smaller States
Ihsve, that their rights will be respected,
without these guarantees their interests
would be Of the mercy of majorities in Con-
lgress representing large States. In the
smaller and weaker States therefore, the
preservation Of the power and its exercise
upon proper occasions, demanding it is of
vital Importance. They ratified the con.
stitution and entered into the Union, secur-
ing unto themselves equality with larger
States in the Senate, and they agreed to be
bound by the laws framed by Congress up.
on the express condition, and nons others,
that they should be approved by the Presi.
dent, or passed, his objections TO be contra
ny Notwithstanding, by a vote Of two.thirds
of both Houses; upon this condition, they
have a right to insist as a part Of the com.
pact to which they gave their consent
The bill might be passed by Congress a.
|gainst the will Of the whole people Of a pay
I%ticular State, and against the votes Of its
Senators, and Of all its Representatives.,
however ~Prejudicial it might be to the in.
|terest Of such State, il would be bound by
il, if the President should approve it, or Il
il should be passed by . vote Of two-tbirds
Of both Houses. But it has . right to de-
.nand that the President shall exercise his
constitutional power and arrest it. II his
objection is against it, if he surrender his
power, or fail to exercise it in a case where
he cannot approve, it would make his for
NAL approval a mere %mockery, and would
be itself q violation Of the constitution, and
the dissenting State would be composed
by slaw which had not been passed accor-
ding TO the sanction Of the constitution.
The objection to the exercise Of the Veto
power, is founded on an idea respecting the
popular will, which, if carried, would an.
initiate the State sovereignty, and substi-
tute q permanent. Federal Governments
Constitution directed by a supposed MI
mericsl majority. A revolution Of the gov
eminent silently Effected, and these States
would be subjected to laws to which they
had never given their consent
The Supreme Court of the United States
is invested with the power to declare, and
has declared acts passed with the concur
fence of the Senate and House of Repre-l
sentatives and the approval of the Presi-
dent, to be unconstitutional and void; and
yet none, it is presumed, can be found, who
will be disposed to strip this highest judi
cisl tribunal under the constitution Of its
acknowledged power, necessary alike to-
its independence and the rights Of individ-
uals. g
For the same reason that the Executive
should, according to the direction
maintained, be rendered nugatory, and
practically ~expunged from the constitution,
This power of the Court should also be rem
iered nugatory and be e~xpungsd, because
t restraints tile legislative and Executive
will: and hecauae the eyercise of such al