Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1848-12-22

ting larger States. - In the smaller ana weak
States, therefore, the preservation of the
power and its exercise. upon proper occasions
demanding it, is Of vital importance. They
ratified the consti.ution, and entered into the
Understanding unto themselves with larger
States in the Senate-and they agreed to be
bound by the constitution and laws framed by
Congress, upon the express condition, and
none other, that they should be approved by
the President. or passed. his objections to the
contrary Notwithstanding, by vote of not
less than two thirds of both Houses. Upon
this condition they have right to insist, as a
part of the compact to which they gave their
consent.
The bill might be passed by Congress
against the will of the whole people of par
ticular State, and against the votes of its SEN
ators and OF all its rep, esentatives, yet. how
ever prejudicial it might be TO the interests OF
such State, it would be bound by it, if the
President should approve it. or if it should
be passed by vote of two thirds of both
Houses: but it has right to demand that
the President shall exercise his constitutional
power to arrest it. IL his objection is against
lift he surrenders his power, or failed to
exercise il in a case where he cannot approve
it would make this formal approval a mere
mockery, and would be itself violation OF
the constitution; and the dissenting State
would be encompassed by a law, which had
not been passed according to the sanction OF
the constitution.
The objection to the exercise of the veto
power is founded upon an idea respecting the
popular will, which, il carried out, would an
nihilate the State sovereignty, and substitute
| for permanent federal government consti-
tuition directed by a supposed numerical ma
! iority. A revolution ofthe government would
/ be silently effected, and the States would be
! subject TO laws to which they had never given
| their consent.
The Supreme Court of the Z. States is n-
vested with the power TO declare, and has de-
| clared, acts of Congress-passed with the
concurrence of the Senate and House of Rep
resentatives, and the approval of the Presi-
dent--to be unconstitutional and void; and
yet none, it is presumed can be found will
lingly disposed to strip this high judicial tri-
bunal under the constitution of acknowledged
power, necessary alike to its independence
and the rights of individuals.
| For the same reason that the Executive
veto should, according 10 the doctrine main
tanned, be rendered nugatory and practically
expupged from the constitution, this power
/ OF the court should be rendered nugatory,
and be expunged, because it restiains the lie.
/ gislative and Executive will, aud because the
exercise of such power by the court may
| be regarded as being in conflict with the
paciiy of the people to govern themselves
/ Indeed. there is more necessity for striking
! this power of the court from the constit ntion
than there is of the qualified veto of the Pres
ident, because the decision OF the court is f.
nal and cannot be reversed, even though both
! Houses OF Congress and the L President should
/ be unanimous in opposition TO it; wherein
! the veto of the President may be overruied
! by the vote of two thirds of both Houses of
! Congress, or by the people at the polls.
! 1t Is obvious that to preserve the system
established by the constitution, each of the
co ordinate branches of the government-the
1 Executive right, the Legislature, and the Ju-
diciary-must be left In the exercise of its
appropriate powers. Ii the Executive or
the Judicial branch be deprived of power
conferred upon either as checks on the Legs
lative, the preponderance of the latter will be-
come disprop6fiionate and absorbing, and the
others impotent for the accomplishment Of
the purposes for which they were established
Organized as they We're, by consent, they
harmonized together for the public good
! After the Executive and Judiciary shall be
deprived of the constitutional powers vested
in them, and their due proportion, the equili-
brium of the system must be destroyed by
the consolidation of unchecked despotic pow
er, aud by naJorities ofthe Legislative branch.
The Executive. Legislative and Judicial,
each constitutes separate CO ordinate de-
/ partment of the Government, and each indie
| pendent of the Others and in the performance
OF their respective duties under the constitu-
ton. neither can, in legislative action. control
others. They each act upon their several
| responsibilities. their respective spheres;
but if the doctrines n3w maintained be COR
rec, the Executive must become practically
subordinate to the Legislature, and the Judi
ciary must become subordinate to both, and
| thus the whole power of the Government
would become merged into single depart
ment. Whenever, if ever this shall occur
our glorious system of wellregulated self gov
eminent will crumble into ruins to be sue
| ceeded first by anarchy, and finally by anar-
chy or despotism.
am far from believing that this doctrine
4 Is the sentiment of the American people; and
during the short period which remains for
me TO administer the Executive department,
1t will be my aim to maintain its Independence
and discharge IFS duties without infringing
1 upon the powers or duties of either of the
other departments of government.
The power OF the Executive was exercised
by the first and most iilustrious of my prede-
cessers. and by four of his successors who
| proceeded me in the administration of the
! Government. Its believed that in no instance
prejudicalt to the public interest. has ever been
exercised. No President will ever desire,
unnecessarily, to place his opinion in opposi-
ton to that OF Congress. He must always
exercise the power reluctantly and only ip
cases where his convictions make it a matter
Of stern duty. lie cannot escape. Indeed,
there is no danger that the President from
the repugnance he must always feel to COM
/ ing into collision with Congress, may fail to
exercise, in cases where the preservation of
the constitution the public good demand it,
that he will exercise it unnecessarily or wan
tonly.
During the period have administered the
Executive department of the government,
great and important questions of public poll
cy. foreign and domestic nave arisen upon
] W hicl II my duty 10 ct