Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1848-09-14

"The Consultation n, IL is.v

working OF the constitution which Its trainers wisely
inserted IN lis provisions. The National Intelligent
Ger OF Saturday contains some half dozen columns
of defamation against this feature Of the constitu-
ton. Instead OF any reply Of our own to all this
conservative labor we copy the following paragraphs
(as we lind them cited in the Georgia Constitution
ast) from that eminent whig authority the late Mr..
Justice Story, in his Commentaries on the Constitu
ti0n
1t has not escaped observation, that General Tay-
lor, in PIedging himself he has done in his Ali
son letter. against the veto, aud in favor of any leg
isdtion gkaterer BY Congress on the most important
subjects of our national policy, has not seemed to
derstand precisely the nature OF the pledge he was
making for at the very same time ne was also pro-
Tossing his purpose be governed in his administra
ton by the constitution OF the whole frame OF which
the veto power is (as Story shows) most essential
part He was, at the same time. loudly proclaiming
his purpose 10 be guided by the example OF the
'earlier Presidents" who used the veto power, and
fully approved its use and his friends campar
ing his position aud political character to that of
Washington, who used the power, and claimed the
right to it, in involving only questions of
expedency and convenience. Ii is under such appa-
rent confusion Of ideas and standardization, that
the whig candidate has undertaken substantially to
pledge away if elected perhaps the very most impor-
tant power with which the constitution has armed
him Ia protect the rights Of the people against acci-
dental Fictitious majorities IN Congress.
In introducing the opinions of Mr.. Justice Story,
the ConStitutionalist truly says that =" on this point
(the power) the wings take issue with the dem
1t is issue fully and fairly rendered, and
ii is, perhaps, the only deserving the name OF
one, which may be said to be fully and fairly tender
ed h the wiIis,s Po- all other issues they have
sought the shelter Of silence and mystery. But Gen.
eral Taylor has put the question before the country
10 shape not TO be doubted. We are very distinct
ly told by him, in substance, that if he elected,
the will Of Congress is to be the governmeDt-that Inc
will not inierpose the Executive veto TO defeat the
action of iugress upon the question Of domestic
policy. Il behooves, then. every lover Of the cOnst
tuition OF has country reflect well before casting his
vote at the approaching election u decide whether
he will give II in favor of practical muilation of
that sacred instrument. If he votes for candidate
pledged not TO exercise the veto power 1t is pract
cay The if he voted for Its CELEBRATION from
that instrument for the next four years If il is not
10 be used during that time then it might well not
be there.
alt will be borne in mind, In addition to this, that
the triumph OF the whig party would not merely SET
tie the question of the dsuse of the power by Its
candidate in of his election, but it will give
powerful impulse and strength TO the purity aiming
tu alter the constitution a to abolish this power
from the constitution. The hns often stood in
The way Of the wings in many of their most cherish
ed schemes of legislation. IL has thwartec them in
many OF their attempted inroads upon the constitution
and upon the rights OF minorities. II may do this
again Therefore, they hostile 10 it. aud wish il
abolished. IL they succeed III carrying their candi-
date one Of their hrst efforts will be tn take measures
for alteration, in this respect, of the constitution
From Judge SiOrys Commentary on the Constitution.
; AS. 1.-The Hext clause respects the power OF the
President to approve and negative laws in the con-
venion there does not seem 10 have been much diver
SHY Of opinion the subject of the propriety Of
giving 10 the President negative oil the laws The
principal points Of discussion seem 10 have BEEN
whether tie negative should be absolute or quail
fed"
450. THE reason why the Presiden, should pos
qualified negative, f they not quite obvious
at least, when fairly expounded entirely sasiac
tory. La the first place, there is natural tendency
IN the legislative department to ntrude upon the
rights, and to absorb the powers of the other depart
nlents Of government. more parchment dellnea-
ton OF the boundaries OF each is wholly insufficient
for the protection Of the weaker branch. the
cutlve unquesl0nably is and hence there arises
constitutional necessity OF ufmng II with powers ter
its own defence. II the executive did not possess
this qualified negative. he would gradually DO stripped
Of all his authority, and become, what it is well
known the governors Of States are, pa
geant and shadow Of nagistracy"
J DOL. " In the next place. the power is important,
as an additional security against the enactment Of
rash, immature, and improper laws. Ii establishes
salu,aTy check upon the legislative body, calculated
to preserve the community against the effects Of fac
ton, precptnncy, unconstitutional legislation, aud
temporary exciiemepts, well political hostility.
IL may, indeed, be said, that sing 10 man, even
though lo be President. cannot be presumed to pos
wisdom, virtue, or experience. than be-
longs to number Of men. But this furnishes no an
swer to the reasoning Tie question is not how
much wisdom, virtue, experience, is possessed
by either branch Of the government. (lhough the
ccuiive magistrate may well be presumed to be elni-
nently distinguished in these respects, and therefore
tho choice Of the people y bu, whether the legislature
ko al kv 81 tI,a nrtf s,f
faction, political impulse persuasive Influence,
local sectional which, at the same time, may not,
from the difference in the election and duties Of the
Executive, reach him all, not reach him in the
same degree He will always have n primary in
ducenlcnt TO defend his powers; the legislature
may well be presumed to have desire To favor
them. lie will have an opportunity soberly 10 exam
ine the acts and resolutions passed by the legislature
not having parlaken Of the feelings combinations
which have procured their passage, aud thus u
rect what will sometimes be wrong from haste ard
inadyerence, as well rs design His view Of them,
II not more wise, or more elevated. will at least be
independent, and under entirely different RESPONSE
biy Ia the uation from what belongs To them. lie
Is the representative 1T the whole nation IN the ag
gregate; they are the representatives only of dis
tinct parts, aud sometimes OF little than Sec
tional or local interests"
452. " Nor IL there any solid objection TO this
qualified power II il should be objected that il may
sometimes prevent the passage of good laws, the OBJ
lection s entitled to but little weight. In the first
place, it be eifeciualy exercised IL two
thirds Of both houses in favor Of the law and il
they are not il is not easily demonsirabe that the
law is either wise salutary. The presumption
would rather be the other way; or, at least, that the
utility Of il is not unquestionabe, II would receive
the requisite support. In the next place. the great
evil Of all free governments IS tendency to over
legisation aud the mischief Of Inconsistency and mu.
liability IN the laws forms great bemish in the char
acter ard genius Of all free governments. The inju-
~, which may possibly arise from the postponement
Ut salulary law, s far less than from the passage Of
mischievous one, or from redundant and yacilla-
4 =.