Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1848-12-15

stiivtonal checks Of th- executive upon lhe
legislative branch should b. preserved.
II i be said that lhc Representatives 10 The
popular branch Of Congress are chosen directly
by the psople. II is answered, the people elect
the President. II both houses represent the
slaie and the people. - does the President
The President represents 10 the executive de.
parmSnt The whole people Of the Uniied Suites.
rs each member Of The legislative department
represents portions Of them.
The doctrine Of restriction upon legislative
and restrictive power, while a we'll seuled pub.
lie opinion is enabled within q reasonable lime
to accomplish It's ends, has made our country
what il IS, and has opened 10 us a career Oi
glory and happiness 10 which all o'her nations
have been strangers.
10 the exercise OF the power of the veto, the
President Is responsible not only 10 an enlighI-
ened public opinion, but to the people Of the
whole Union who elected bin, as the reprcsen-
taIiyes in the legislative branches, Who differ
with him in opinion, are responsible 10 The peo-
pie Of particular slaIes or districts. To The
president The exercise Of this power would be to
repeal that provision Of the constitution which
cOnlers il upon him. To charge that its sXer-
else unduly controls the legislative will, is to
complain or the constitution ITSELF
! ll the presidential veto be objected to upon
the ground that il checks and lhwaus the pub
| lie will, upon the same principle, The equality Of
representation Of the States in the Senate should
be stricken out Of the Constitution. The vote
Of Senator from Delaware has equal weight
in deciding upon the most important measures,
! Nth the VOTE Of Cauator from N.,y Novb.
yet the enc represents a State containing, ac-
cording to the existing aPporOnmenl, Of Rep
resentatives in the house, representatives Of
but one thirty fourth part Of the population Of
the other. By the constitutional composition
Of the Senate, a majority Of that body from the
smaller states, represent less than one fourth OF
the people Of the Union. There are thirty
states; and under the existing aPPorionment Of
representation there are 230 members in The
House Of Representatives, l6 Of the smaller
states are represented in that House but by fifty
members and yet the Senators from these states
contribute a majority Of the Senate; so that the
| President may recommend a measure 10 Con-
gress and it may receive the sanction and sp-
proval Of more than three quarters OF the House
Of Representatives, and Of all the Senators
from the large States containing more than three
fourhs Of the whole population; and yet the
measure may be defeated by the vote Of the
Senators from the smaller states. None, it is
presumed, can be found ready to change the or.
ganization Of the Senate on this account, or 10
strike that body, practically, out of existence,
by requiring that lis actions shall be conlorned
TO the will Of the more numerous branch.
Upon the same principle that the veto Of the
President should be practically abolished, the
power of the Vice President 10 give the casting
vote upon an equal division of The Senate should
be abolished also. The Vice President exerci-
ses the veto power as effectually by rejecting a
bill BY his casting vote as the President does by
refusing to approve or sign it. This power has
been exercised in some instances by the Vice
! President the NEST important Of which was Ihe
rejection of the bill 10 re.charIer the Bank OF
the United States in 1916. 1t may happen that
bill may be passed by large majority Of the
| House Of Representatives, and may be support
ed by the Senators from the largest States, and
the Vice President may reject by giving his vote
with the Senators from the small States; anC
yet none, it is presumed, are prepared 10 deny
TO him the exercise of this power under the
Constitution.
But it is in point Of fact, untrue, that an act
passed by Congress is conclusive evidence that
il is an emanation of the popular will. A ma
jorty of the whole number electedIo each House
Of Congress constitutes a quorum, and the ma
jorty of that quorum is competent to pass laws.
1t might happen that quorum of the House oi
Representatives, consisting Of single member
more than half Of the whole number elected,
might pass bill by majority OF a single vote,
and yet in that case fraction more than one
fourth of the people of the United States would
be represented by those who voted for it. II
might happen that The same bill might be pass.
ed by majority Of one Of quorum of the Sc.
nate, composed of Senators from the fifteen
smaller States, and single Senator from a six.
teenth State, and if the Senators voting for il
happened to be from the eight Of the smallest
of those States, il would be passed by the votes
Of Senators from States having but foureen Re.
presenmtives in the House Of Representatives
and containing less than one.sixteenth Of the
whole population Of the United States.
This extreme case is stated 10 illustrate the
fact thai the mere passage of bill by Congress
is no conclusive evidence that those who passed
it represent the majority of the people of the
United States, or truly reflect their will. II
such an extreme case is not likely to happen
cases that approximate it are of constant occur,
renee. 1t is believed that not single law has
been passed since the adoption Of The consttu-
tion upon which all the members elected to both
houses have been present and voted. Many Of
the most important acts which have passed Con-
gress have been carried by close vote in these
houses. Many instances of this might be Civ
en-, indeed our experience proves that many OF
tho most important acts Of Congress are post
poned TO the last days, and often the last hours
Of a session, when they are disposed Of in haste,
and by houses but liule exceeding the number
necessary to constitute quorum.
Besides, in the most Of the States the mem.
bers of the lower House are chosen by plurali-
ties, and not by majorities of all the voters in
their respective districts, and it may happen that
majority of that house may bO returned by a
less apUreoate vote of the DeoDle than that re.