The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1848-12-06

20 aaafofm 70 iks aossyns Of Shs tishi of mnsf.
tea 10 rule, ihdspehdsnt Of the checks and limitation
OF the constitution, we must fevdlutioni2e our VIII
aystem We must destroy the constitutional compact
by which the several States agreed to form federal
Union, and rush into consolidation, which must end
in monarchy of despotism No one adtobates snch
proposition; and yet the doctrine maintained, If
carried out, must lead to this result.
One great object of the constitution III comforting
upon the President n qualified negative upon the
legislation q Congress. was to protect mnori!es
from injustice and oppression by maiOrlties. The
equality OF their representation III The Senate and
ne veto power Of The PRESIDENT are The coTatita',Gn
their rights will be respected. Without these guur
antics all their interests would beat the mercy OF
majorltes IN Congress representing the larger States
To The smaller and weaker States, therefore, the
preservation of this power, and Its exercise upon
proper occrsions demanding it, Is of vital importance
They ratified the CONSTITUTIONS and entered into the
Union, securing TO themselves an equal representa-
ton with the larger States in the Senate and they
agreed TO be bound by all laws passed by Congress
should be approved by the President, passed, his
objections 10 the contrary notwithstanding, by vote
of two-thlrds of both houses Upon this condition
they have right to INSIST as part Of the compact
to which they gave their assent
bill might be passed by Congress against the
will of the whole people Of plruculars State, and
against the votes Of its senators and all ITS represent
tatves. However prejudicia 1t might ba 10 the in
terest of such State, ii would Ne bound by il il the
President shall approve it, or il should be passed by
vote Of twothrds of both houses but Ut hus right
TO demand that the President shall exercise his
siitutional power, and arrest II, if his JUDGEMENT is
against II. -.".
If he surrender this power, fail 10 exercise II
IN a case where he cannot approve il would make
his formal approval Il mere mOckery, and would be
Itself violation of the constitution, and the dissent
ing State would beceme bound by law which had
not been passed according to the sanctions of the
constitution.
Oh, IL,
is founded upon All idea respecting the popular will,
which, If carried out, will annihilate State sovereign
ty, and substitute for the present federal government
n consolidation, directed by supposed numerical
minority. revolution of the government would be
silently effected, and the States would be subjected
to laws to which they had never given their const-
tntional consent.
The Supreme Court OF the United States Ia invest.
ed with the power 10 declare, and has declared, acs
IF Congress passed with the concurrence OF the
Senate, the House of Representatives. and the ap-
proval Of the President, to be unconstitutional and
xoid; and yet none, II is presumed, can be found,
who will be disposed 10 strip thus hieheet udica ,r
bunal under the constitution of this acknowledged
power-a power necessary alike to its independence
and the rights Of individuals
For the reason that the Executive veto should,
according to the doctrine maintained, be rendered
unagory, and be practically expunged from the con-
s'ltution, this poWeTof the court should also be rem
desed nugatory and be eXpunged because it restraints
the legislative and execute will, and because the
exercise of such power by the court may be regar-
ded rs being in conflict with the capacity of the peo
pie to govern themselves.
Indeed there ls more reason for striking this pow
er of the court from the constitution than there is
that of the qualified veto of the President; because
the decision of the court is final and can never be
uersed, though both houses of Congress and the
President should he luminous Ill opposition to 1t;
whereas the veto of the President may he overrued
by vote of two thirds of both houses of Congress,
or by the people mt the polls
Ii s obvious that 10 preserve the system establish
ed by the oonstilut on, each of the coordinate
branches OF the govcrnmcnt-the executive md ju-
dicia must be left in the exercise of lis appfopr
ate powers. IL the executive OF the judicial branch
be deprived Of powers conferred upon either rs
checks on the legislative, the prepOndcrance of the
latter will become dlspropnrlonate and ats 'rLing
and the Others 'impoitn for the accomplishment of
the great objects tor which they Were established.
Organized ms they are by the constitution they
work together harm onuu,lI for ,hs public good II
the executive and thu judiciary shall be deprived of
the constitutional powers invested in them, and OF
helr due proportions, the equilibrium OF the system
must be destroyed, and consolidation, with the most
pernicious results, must ensur-a consolidation of
unchecked, despotc power exercised by 3Jortes of
The legislative branch.
The executive, legislative, and judicial. each con-
stimtes separate coordinate department Of the GO
vernment; and each is independent of the others In
the performance OF their respective duties under the
constitution, neither can, IN its legitimate action,
control the others. They each net upon their seve-
raj responsibilities III their respective spheres but il
the doctrines now maintained he correct, the eXecu
tive must become practically subordinate to the !e-
o both the legislative and the executive; and thus
he whole power of the government would he mcrg
ed III single department
whenever, never, this shall occur, our giorlnus
system OF welregultted self government vii cruin
bic intn ruins-to be succeeded first by anarchy and
finally by monarchy or despoism. | am far from be-
levi that this doctrine ls the sediment of the A.
mercan people; and during the short period VIII eli
romans IN which il will be my duty In administer
'pe executive department, il will be my aiI;o main
tain ls Independence, and discharge s duties, with
out infringing upon the powers or dbtles of either of
the departments of the government.
The power of the executive veto was exercised by
the first and most ilustfous of predecess rs and
by four OF his successors who Preceded me in The adj
mnIstration of She government, nud, it IL tcevcd, in
no instance prejudicPy to ihe public interests. It
ever can be abused. No President will ever desire,
unnecessarily, to place his opinion IN opposition to
TINT of Congress.
He must always exercise the power reluctantly,
and only III where his convictions make 1t "a
matter Of stern duty, which he cannot escape In
deed there is more danger thst the President from
the rcpugnance he must always feel To come IN COLI
SION with Congress may tail to rxeTrire it ~ cases
fraction, or the public good, may demand ii, than
that he will ever exercise 1t unnecessarily on wan
tony.
During the period have administered the execu-
tive department OF the government, great and impor
antquesions of public policy foreign and domestic,
have arisen, upon which il was my duty to act II
may indeed be truly said tina. my administration has
the weight OF the high responsibilities dcvOlved upon
me. With no other object than the pnhlic good, the
enduring ana hi my cnul
try, have pursued the convictions of my own best
judgments.
The imperial arbi,rament of enlightened public
opinion present and future, will determine how far
the public policy | have maintained and the mea
sures | have from time to time recommended may
have tended to advance retard the public prosper
y at hume and to elevate or depfesa the estimate of
our national character abroad.
Invoking the blessings of the Almighty upon your
deliberations ut your present important session, my
ardent hope 49, that III spirit of harmony and con-
hn ltTt un.lg nah
may rebound to the happiness, the honor, and the
glory of our beloved country.
JAMES X. Polk.
Washington, December 5. 1olS. ,&a
-o>&~--
SPEECH OF THE MEXICAN MINIsrER.-The follow
ing is hetmnslation Of the speech delivered by Sc
nor Luis de la Rosa the Envoy Extraordinary and
Minister PlenipotentinrY of the Republic of Mexico.