Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1848-12-07

The objection to the exercise Of the vet
power is founded upon an idea respecting the
popular will, which. if carried.out. will au-
initiate State sovereignty, and substitute for
the present federal government censolida'
ton, directed by a supposed numerical ma
jority. A revolution of the government
would be silently effected. and the States
would be subjected to laws TO which they bad
never given their constitutional consent.
The Supreme Court OF the u. S. is invested
with the power TO declare, aud has declared,
acts OF Congress passed with the concurrence
OF the Senate, ths House OF Representatives,,
and the approval Of the President, to be uu-
constitutional and void, and yet none can I've
found who will be disposed to strip this high
est judicial tribunal under the constitution Of
thus acknowledged power power necessary
alike TO It's Independence and the rights Of
individuals.
| For the same rrason that the Executive We
TO should, according to the doctrine maintain
ed, De rendered nuagtory, and be practically
expunged from the constitution this power
OF the court should also be rendered nugatory
aud be expunged. becaus. it restraints the lag
islative and executive will, aud because the
exercise Of such power by the court may b,
regarded as being in conflict with the capa-
city OF the people TO govern themselves.
Indeed, there is more reason for striking
this power 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 reversed, even
though both houses of Congress and the
President should be unanimous in OPPOSITION
to IT.; whereas the veto OF the President
may be overued by veto Of two thirds OF
both houses OF Congsess, or by the people at
the polls.
1t is obvious that TO preserve the system
esta blshed BY the contribution, each Of the
coordinate branches OF the government--the
executive, legislative and judica-must be
left in the exercise Of its appropriate powers.
II the executive or the Judicial branch be de-
prived oil powers conferred upon either as
check on the legislative, the preponderance of
the latter will become disproportonate and
absorbing, and the others impotent for the
accomplishment Of the great objects for
which they were established.
Organized as they are BY the constitution:
they work together tremendously Tor the pub
lie good II the executive aud the judiciary
shall be deprived of the constitutional pow
ers invested in them, and of the due proper
tons. the equilibrium of the system must be
DESTROYED, and consolidation, with the most
pernicious results, must ensue-a consolida-
ton OF unchecked, despotic power exercised
BY majorltles OF the legislative branch,
The executive, legislative, and judicial.
each constitutes separate coordinate de.
partment oil the government; and each is ia
dependent of the others. In the p ormance
OF their respective duties un Ter the constitu-
tion, neither can. in its legitimate action,
control the Others. They each act upon their
several responsibilities in their respective
spheres; but if the doctrines now maintained
be correct, the executive must become prac.
tically subordinate to both the legislative and
the executive; and thus the woole power Of
the government would be merged in a single
department.
Whenever, If ever, this shall occur, our
glorious system OF weIl-regulated elfgovern-
ment will crumble into rulus--to be succeed
ed first by anarchy, and finally by monarchy
or despotism. am far from believing that
this doctrine is the sentiment of the Ameu-
eau people; and during The short period
which remains in which it will be my duty
to administer the executive department, it
will be my aim TO maintain lis inde pendence,
and discharge its duties, without infringing
upon the powers or duties of either OF the o.
ther departments OF government.
The power OF the executive YVES exercised
by the first and most iIIus,uous OF my pre-.
decessors, aud by four OF his successors who
preceded me in the administration OF the
government, and. tits believed in no instance
preJudiclally 10 the public interest. 1t has
never been, and there is but little danger tina
itever can be abused. No President will ev-
er desire, unnecessarlly,to place his opinion in
opposition to that OF Congress.
He mnst always exercise the power re.
luctantly, and only in Cases where its convic-
tons make ii matter of stern duty, which
he .cannot escape. Indeed, there is more
DANCE; that the President from the repugnante
he must always feel to come in collision with
Congress, may TAIL to exercise it in cases where
the preservation OF the constitution from in
fraction, or the public good may demand il.
than that he will ever exercise it unnecessari.
ly or wantonly.
During the period have administered the
executive Departmental the government.
great and important questions of public pol
icy, foreign and domestic have arisen, upon
which it was my duty to act. 1t may 10
deed be truly said that my administration has
fallen upoa cventful times. | have felt most
sensloly the weight OF the high respansibili
ties devolyed upon me. With no other OBJ
Ject than the public good, the enduring fame
and permanent prosperity OF my country.
have pursued the convictions OF my own best
judgment.
The imperial arbirament of enlightened
public opinion, present and future, will de-
,ermlne how far the public policyl have
maintained, and the measures have from
time to time recommend, may have tended
to advance or retard the public prosperity at
home, and to elevate or depress the estimate
OF our national character abroad
Invoking the blessing of God upon your
heads at your present important session, my
ardent hope is. that in spirit Of harmony
aud concord, you may be guided to wise re-
suits, and such as may rebound to the happi-
ness, the honor and the glory of our beloved
country. JAMES X. Polk.