Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-12-08

the existing superintendent of representatives in The
House OF representatives but one thlfy loutt il oi
tie popua' lon Of the other.
By the constitutional composition of the Senate 1
majority Of that body, from the smaller states, repre-
sent less than Fourth Of tue people oil The Unon-
There thirty States; and under HE existing appof
tonment of there are Two hundred and
thirty members In the House nf Representatives, SIX
teen Of the smaller States are IN tnat
by but fifty members; and YET the Senators from these
States constitute majority Of the Senate so that the
President may recommend a measure 10 Congress, ana
il may receive The sanction and approval oi more .
three fourhs of the House OF Representatives, ana oil
all the Senators from The large States containing NOR
than threefouiths Of the whole population oil the mi
led States and yet the measure may De defeated oy
the votes of the Senators from the smaller states
None il presumed be found ready to change the
organization OF the Senate on this account, or 70 s'ke
that body practically out of existence, by requiring has
Its action shall be- coniormed TO the VIII oil tr more h
merous branch.
Upon the same principle that the veto Of the Presi'
dent should be practically abolished, the power oi Inc
Vice President to give the casting vote upon an equal
division of the Senate should be abolished also me
Vice President exercises the veto power as etrcually,
by rejecting bill by his casting vote, a. the President
does by refusing 10 approve anu sign II. rms power
has been exercised by the Vice President IN few IN
Stances the important of which was the rejection
Of the bill 10 recharer the Bank of The United States,
In 1911.
II may happen that bill may be passed by large
majority OF the House of Representatives, and may be
supported by Senators from the larger States ana the
Vice President may reject Il by giving his vote WIN me
senator's from the smaller Staes and yet none y pre-
sumed prepared 10 deny 10 him the exercise VI tns
power under the Constitution.
But s in point of fact untrue that an act passed
by Congress Is conclusive evidence that Is an snana-
ton Of the popular viii.
maturity of the whole number elected to each
House of Congress constitutes quorum, and maJofi
" of that quorum is competent pass laws IL might
happen that quorum oil the House Of Representatives,
consisting Of single member more Than halt oil the
whole number elected To that House, might pass Dl
by majority of single vote and in that case fraction
nr he
would be represented BY those who voted Tor ". ~
might happen that the same bill might be passrh ny
majority of one of quorum Of the Senate, composed
OF senators from the nern smaller states, anu sih
gle from the sixteenth state and u the senators
voting for II happened 10 be- from The eight o. r sa
Of these States, il would be passed by Tile votes 81
senators from States having but fourteen representa-,
lives in The House of Representatives and containing
less than sixteenth Of the whole population Of the
United States.
This extreme case is stated To illustrate The fact, that
thr mere paJsaeo by Congress is inclusive
evidence that those who passed II represent the maj Jon
" OF The people OF tie United States or uuly reflect
their will IL such an extreme case ~ mol likely 10 nap
pen, that approximate II are OF constant occur
renee. II is believed that not single law has been
passed, since the adoption of the Constitution, upon
which all the members elected TO both Houses have
been present and voted. Many Of the most important
acts which have passed Congress have been carried by
close vote in thin houses. Many instances OF TN,
might be given. Indeed, our experience proves lhi'
many of the most important acts oil Congress ARE post
ponrd last days and often the last hours ni srS
sion, when they disposed Of In haste ana ~ mousse
hut little exceeding the number necessary 70 form
quorum Besides, most Of the states, the mrinbefs
of House Of Representatives, are chosen by pifa
ties and not by majorities OF all he voters ~ trlr re-
spccllve Districts aud il may happen that minority oi
ina; House may he returned by less aggregate vote %
The people than that ieceiyedb by the minority.
lfhr principle insisted On he sound, then The Consi
tuition should be changed that no bill shall become
law unless II Is voted FOR by members representing "
each House majority of The whole people Of The Uni
ted States We must remodel cur whole system stfihr
down and abolish only the salutary checks lodged
in the executive branch, but must strike out ana abo
s lodged in the Senate also, and thus practical
" invest The whole power of the government IN nalo
riIy Of a single assembly, majority uncontrolled ana
absolute and which may become despotc
To conform TO this doctrine OF the right OF naJortits
to ule independent OF the checks aud limitations oi the
Constitution, must revoutonizr our whole system
We must destroy the constitutional compact by which
the several States agreed TO form Federal Union, ana
rush into consolidation, which must end In monarchy
or despotsm. No advocates such proposition
and yet the doctrine maintaned II carried OUT mus
lead TO this result
One great object of the Constitu tuition In comforting
upon the President qualified negative upon the eggs
Iaton of Congress, was 10 protect tnlnoIties from III
Justice and oppression by m3JOrtieS lie eluiIlly o
their representation In the Senate, and the veto power
Of the President, are the constitutional guarantees
which the smaller States have that their rights VIII he
respected. Without these guarantees, all their inter
ests would he al the mercy of maortrs IN Congress r.
presenting the larger States. To the smaller ana weak,
er aies therefore the preservation Of this power and
exercise upon proper OCCASIONS demanding i' ~ o
vital Importance They ratified the Constitution. ana
entered into tie Union securing 10 themselves ar
equal representation with the larger states IN the sc
nate; and they agreed 10 BIZ bound by MI law. passed
BY Congress upon the express condition, and none oh
err that they should be approved hy Inc President o
pissed objections 10 the contrary Notwithstanding
by of two.thrds of both Houses Upon ihs con
dton they have right 10 INSIST rs part o thr com
pact To which they gave their assent.
hill might passed by Congress against the VIII :"
the whole people particular State and against The
ifSl and all REPRESENTATIVES. How
ever preudica might be To the interest OF such State
il would he bound by II IL the President shall approx,
H. or IL should be passed by vote Of tw0thrds Of botl
Houses but II has right to demand that The Presden
shall exercise his constitutional power, and arrest u,
his judgement is against it, If he surrender Ibis pow
err or fall TO exercise II In case where he cannot ap
prove II would make his formal approval mere mock
erv and would be itself violation OF the Constitution
and the dissenting State would become bound ny a~
which had not been passed according TO the sanctions
OF the Constitution.
The objection 10 the exercise of the veto power Is
founded upon idea respecting tho popular VIII
and substitute for the present Federal Government
consolidation, directed by supposed numerical naIo
riiy. revolution of the government would he silent
~ effected and the STATES wonld be subjected 10 laws
which they had never given their constitutional con
sent.
The Supreme Court Of the United States il invested
with the power 10 declare, and has declared, acts oil
Congress passed with the concurrence of The Senate
The House Of Representatives, and the approval Of the
President, 10 be unconstitutional and void aud yet
posed 10 strip this highest judicial tribunal under the
Consultation of this acknowledged power-a power
alike TO It's independence and the rights of indl
yiduas. For the reason that the Executive veto
should, according TO ths doctrine maintained. be
dered nugatory, and be practically e1aunged from the
Constitution, this power Of the Court should also be
rendered nugatory and be eIpunged, because II re-
strains the legislative and executive will and because
the exercise of such power BY the court may he re-
carded being in conflict with the capacity ofhe peo-
pie To govern themselves. Indeed, there more :
sIrlknr this of The GOuft the Con.
stitution than there is that Of the qualified Of the
President; because the decision Of thr Court Is nai
aud he reversed though both Houses Of
Congress and The President should he unan'm"n1 In
opposition IL whereas the veto Of the President may
be- overruled hy vol. nf two thirds of both Houses of
Congress- or by the people nj The polls.
il is nbvlnus, that 10 preserve the system establish
by tie Constitution, each of The ordinate branches n
the government-the executive legislative and judi
cia-mnst be left IN the exercise OF ~ appropriate pow
fthe executive the judicial branch be- deprived
If powers conferred upon either checks on the legs
lativr tie preponderance of The latter will bcc"nr --
proportonae and absorbing, and the others impot-n
for the accomplishment nl the great objects Tor which
they established Organized as they are by the
Constitution, they work together harmoniously Tor the
public good. IL the executive and the judiciary shall
be deprived Of the constitutional powers invested IN
them, and Of their due proportions, the equilibrium OF
the system must be destroyed, and consolidation with
the most pernlcions results, must ensuea consoida.
ton Of unchecked, despotc power, exercised by maJo.
rites Of the legislative branch.
The executive legislative and judicial, each constl-
tutes separate coordinate department Of the govern.
men; and each is independent Of tine others. In The
performance Of their respective duties under the Const
tuition, neither can, IN Ia legitimate action, control the
Others They each act upon their several responsible
ties in their respective spheres; bur If the doctrines
maintained he correct the executive must become
practically subordinate To the legislative, and the judi
ciay must become subordinate both the legislative
and the executive; ana thus The whole pOxer of tile 90
vrrnment would be merged in single department.
Whenever il ever this sha occur, glorious system
of well anlard self government will crmblr in'o
runslo hr succeeded, first, by anarchy, and, hnaly,
by monarchy despotlsm ! am iir from believing
that this doctrine the sentiment 81 the American PEG.
Pile; and. during the short period which remains IN
which will be my duty administer the executive d..
partment will he my aim 10 maintain ts indrprnd
encr and discharge lis duties, without Infringing upon
the powers duties of eher of the o:her departments
of :he government
The power oi the executive veto WIS exercised rs
the first and most ilusous o.. nv predecessors and by
four of his SUCCESSORS who preceded me IN the admi
nstration of the government; and u is believed IN no
instance prejudciay 10 the public interests. IL has
never been and there Is but little danger that ever
can be abused. No President will ever desire, unne.
IL ottsa thaNn -