The Middlebury galaxy. [volume] (Middlebury, Vt.) 1848-1850, 1848-12-12

I ton. would, upon the 7naturest considers
ton, seem to be clear. Ii is remarkabI
that 10 one of these measures, inyoIyin
such momentous consequences, is author
lied by an express grant of power in tn
constitution. No one of them is " inclder
to, as being necessary and proper for tn
execution of, the specific powers granite
by the constitution.-The authority uDde
which it has been attempted TO justify eac
of them is derived from differences an
constructions of the constitution which it
letter and its whole object and design d
not warrant. Is il to be conceived tina
such immense powers would have been LEI
by the frauers of The constitution 10 mer
differences and doubtful constructions
Had it been inteRded to confer them on III
federal government, it is but reasonable t,
conclude that it would have been done b.
plain and unequivocal grants. This wa
not done hut the whole structure of whicl
the 'AmerIcOn system consisted. was rear
ed on no other or better foundation than
forced implications and differences of pow
er which its authors assumed might be de-
Quoted by construction from the constIu'
ton.
The constitution provides that ''everv bill
which shall have passed the House of Repre-
sentatives and the Senate shall, before it be-
come law, be presented to the President OF
the United States It he approve, he shall
sign it, but if not he shall return it with his
objections to that house in which it Shall have
originated, who shall enter the objections at
large on their journal and proceed to recon-
slider it."
The preservation of the constitution from
infraction, is the Presidents highest duty. He
is bound to discharge that duty, at whatever
hazard of mourning the displeasure of those
who may differ with him in opinion. He is
bound to discharge it, as well by his obliga-
tions to the people who have clothed him with
his exalted trust as by his oath of office which
he may not disregard. Nor are the obligations
of the President in any degree lessened by the
prevalence OF views different from his own in
one or both houses of Congress. 1t is not a.
lone hasty and inconsiderate legislation that he
is required to check but if at any time Con-
gress shall after apparently full deliberation.
resolve on measures which he deems subver-
sive of the Constitution, or of the vital inter-
ests of the country, it is his solemn duty TO
stand in the breach and resist them. The
President is bound to approve or disapprove
every bill which passes congress, and is pre-
scented to him for his signature. The consti-
tuition makes this his duty, and he cannot es-
cape it if he would. He has no election. In
deciding upon any bill presented to him, he
must exercise his own best judgment. If he
cannot approve, the constitution commands
him to return the bill to the house in which it
originated, with his objections and if he fail
to do so within ten days Sundays excepted
it shall become n law without his signature.
Right or wrong, he may be ovcr-ruled by a
vote of two-thirds of each House and in that
event, the bill becomes a law without his sane
ton. II his objections be not thus over-ruled,
the subject is only postponed, and is referred
to the States and the people for their consid-
Grafton and decision. The Presidents power
is negative merely, and not affirmative. He
can enact no law. The only effect therefore,
of his Withholding his approval of bill pass
ed by Congress, + to suffer the existing laws
to remain unchanged, and the delay occasion
ed is only that required to enable the States
and the people to consider and act upon
the subject in the election of public agents
who will carry out their wishes and instruc
tons. Any attempt to coercc the President
to yield his sanction to measures which he can
not approve. would be a violation of the spir-
it of the constitution, palpable and fragrant;
and if successful would break down the indie
pendence of the executive department, and
make the President, elected by the people,
and clothed by the constitution with power to
defend their rights, the mere instrument of
majority Of Congress.
The true theory Of our system is not to
govern by the acts Of DEGREES or any set Of
The constitution interposes
checks Upon all branches Of The government,
in order 10 give lime for error 10 be correct
ed, and delusion to pass away but If the
people settle down into firm conviction diff
ierent from that Of their representatives, they
give effect 10 their opinions by changing their
public servents. The checks which the peo-
ple impose on the public servants in the a.
doption Of the constitution, are the best evil
dences of their capacity for SELF government
They know that the men whom they elect 10
public stations are oflike infrmlies and pas |
sions with themselves, and not 10 be trusted
without being restricted by coordinate au-
and constitutional limitations. Who
that has witnessed the legislation OF Con-
sress for the las: thirty years, will say that he
knows OF no instance in which measures not
demanded by the public good, have been
carried? Who will deny that in the State
by combinations oil individuals |
and sections, in derogaiion Of the general ln>
terest, banks have been chartered, systems
Of internal improvement adopted, and debts
entaiIed upon the people, REFRESHING their
growth. andi mpairingliheir energies Tor years
10 come.
Alter SO much experience. it cannon be said
that absolute unchecked power is safe in the
hands of any one set OF representatives, or
that the capacity of The people for selfgov-
eminent, which is admitled in IFS broadesI
eneut, is conclusive argument 10 prove the
prudence, wisdom, and integrity Of their
representatives.
The people, by the constitution, have
commanded the President. as much as they
have commanded the legislative branch oil
the government, 10 execute their will. Iheyl
have said 10 him, in the constitution, which
they require he shall take a solemn oath TO
support, that if Congress pass any bill which
he cannot approve, she shall return il TO the
House in which it originated, with his oblcc-
tions.' In Withholding from it his approval
and signature, he is executing the will OF The
people conslilutionally expressed, as much
as the Congress that passed il. No bill is