Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-12-27

yiduals and sections in derogation Of general inter-
es!s, banks have been chartered, and systems Of in
tefnsl improvements have been suggested, retard-
ing their growth, and impairing their energies for
years TO come? After SO much experience, II can
not be said that absolute, unchecked power is safe
lin the hands Of any set of resentatives, or
that the capacity of The people for selfgoyernment
which is admitted in its broadcast senseis conclu-
siye argument to prove the prudence wisdom or in
/ tegrty of their representatives,.
The people, by their consent, have commanded
the Presi ent, as much as they have commanded the
1 legislative branch of the government to execute
their will. They have sSid to him in their consti-
tuition that they require he shall take solemn oath
to support, it ssif Congress pass any bill which he
shall not approve, he shall return it to the House
in which it shall have originated, with his objec.
i tons therefor In Withholding from it his appro.
val and signature, he is executing the will of the
/ people, as much as the Congress which passed it.
i No bin is presumed to be In accordance with the
popular will until it shall have passed through all
the hands of the government requisite to make the
| law. bill passed by the House may be rejected by
the Senate, and one passed by the Senate may he
i rejected by the House. In each case both Houses
i exercise the veto power on the other.
t Congress, and each House OF Congress hold under
the constitution check upon the President, and he
i by the power of The qualified veto check upon
/ Congress. When the President recommends mca-
\ sures to Congress. he avowS in the most solemn
form his opinions gives his voice in their favor and
pledges himself in advance to approve them if pass
ed by Congress. l. he acts without due considera-
| ton, Or has been Influenced by improper or cor
1 rupt moives-or l. from any other cause Congress-
i or either House of Congress Shall differ with him
/ they exercise theii veto upon his recommendations
and reject them, AID there is appeal from their
/ decision but TO the people at the ballot box. These
! srs proper checks none will be found to object to
/ them, to wish them abolished. 1t is equally I'M
porant that the constitutional checks Of the Execu-
i tive upon the legislative branch should be preserv
! ed.
4 If it be said that the Representatives from the
popular branch chosen directly by the people, il
IS anSwcyed the people elect the President If both
Houses represent the States and the people: SO does
| the President. The President represents in the
Executive Department, the whole people ofthe u
nited States, each member of the Legislative De-
partment represents the portions Of them.
! The doctrine Of restriction under Legislative and
! restric tive power, while well settled public op!n-
I ion is enabled within reasonable time to accom-
lish its ends, has made country what it is ,and
has opened to us career Of glory and happiness, TO
which all ether nations are strangers.
i In the exercise OF this power the President is
! sponsibie, rot only to enlightened public opin-
ion, but TO the people of the United StaeSol the
whole Union--who elect him, well the Repre-
aeHtatives in the Legislative branches WHO older
i with him, responsible to the particuar State
districts. To strict the President in the exercise
of his power, would be TO repeal taJt portion OF the
constitution which confers it upon him. TO charge
that its exercise unduiy contracts the Legislative
| u
If tie Presidential veto be objected to upon the
ground that it checks and thwarts the public will,
uIcn the same pflEcli lie the equality Of repre- Senta
ton Of the States in the Senate should be stricken
out Of the constitution. The vote Of Senator from
Delaware has equal weight in De- iiing upon q most
| Important measure with the rote Of the Senator
frc.u \. lCrs; and yet, The one represents State
Containing, according to the existing apportionmcnt
OF representation in the House, representative of
but thirty fourth pat OF the population of the
| other. BY the constitutional composition Of the
| Senate, majority of that body from the smaller
states represents less than oneouGtt of the people
Of the Union. There are thirty States, and under
the existing appotiOnmert Of scntatiOn, there
are two hundred and ninety in the House of Repre-
sehtativcS; sixteen Of the smaller states repre-
scented in that House by but fifty members, and yet
the Senators ilOm these States constitute MAORI
ty of the Senate; so that the President may recon-
mend measure to Congress, and it may receive the
sanction Of more than three ourtLs of the House Of
Representatives. and ell the Senators from the lar
ger States, containing more than three lourths of
the whole population, and yet the same be defeated
by Senator's from the smaller states. None, II Is
presumed can be found ready to change the orgari-
cation Of the Senate on this account, or to strike
that body practically out of existence, hy requiring
that its action shall he conformed to the more nu-
| nervous bTaIIh.
| Upon the new principle that the veto Of the Pres
Iden shall he practically abolished, the power Of the
Vice President to give the casting vote upon an
equal div is0n Of the Senate could be abolished al
so. The Vice President exercises the veto power
cfectualy by rejecting bill by his casting vote.
as the President does by refusing to approve or
| sign il. This power has been exercised in some
instances by the Vice President, the most mrof-
tart of which is the rejection Of the bll to charter
the Bank OF the United States in 1Sic. Il may hap
pen that bill may be passed by large majority OF
the Louise of Representatives., il may be supper ted
by the Senators from the largest States and the Wee
President may reject il ty giving Ills vote with the
Senators from the smaller stat and yet il is to
IN
exercise of his power under the constitution.
BUTT is il point OF fact untrue that passed
by Congress is conclusive evidence that it is
ton OF the popular will. The majority of the whole
number elected to each House of Congress Consti-
tutes quorum, and majority Of that quorum is
competent TO enact laws. 1t MI ht happen that
quorum of Tie House of Representatives,; consist
Ing OF single member more than half of the whole
number elected By majority OF single vote,msht
pass law, and yet, III that case, fraction more
than one fourth Of the people of the United States
WouiG be represented by those who voted for it, 1t
might happen that the till might be passed by
less than i majority OF one OF Guoiu "i the Sen
ate, Composed Of Senators from the fifteen smaller
states. and single senator from sixteenth State:
ana II The Senator voting for II happened to lie from
the eighth Of the smallest OF those States; would
De pas Sed by the vote CT Senator from State hay
ing but fourteen Representatives in the House of
Representatives, aud Containing less tn n one-siX
tceEth OF the whole Iopuluti0n OF the StaicS.
THIS extreme case is stated TO illustrate the fact
that the mere passage Of a ILL by Congress, is no
conclusive evidence that the House who passed il
represent the majority Of the people Of the United
States, or truly reflect their Will. II such "
trtme case is not likely to happen, cases that ap-
pfoNimdte TO II are OF constant CCCurle nce. 1t is
believed that not single law has teen passed since
the adoption OF the constitution, ~ which all the
members elected TO both Houses have been present
and voted. Many OF the most i'm, oItant acts which
nave passed Congress have been carried by close
vote IN these Houses. Many instances of this might
De gwen. indeed, experience proves that many of
the most important acts of Congress are postponed
TO ne last day and CftGn to the last hour Of
SION, when they are disposed OF in haste, and by
Houses but little exceeding the number necessary
to constitute quorum.
Besides, IN the most Of the States, the members
or the lower House chosen by piuralties, and
not by majorics Of all the voters in their spec
tive districts; and it may happen majority Of that
House may be returned by less than an aggregate.
If the principle insisted on be correct then the law
should be SO changed that no bill shall become law
unless it is voted for by members representing in
each House majority of the whole people Of the
TEN, strike down and abolish not only the salutary
chcck lodged upon the Executive branch, but must
strike out and abolish those lodged in the Senate
also, ana thus practically invest the whole power Of
the Government IN the majority Of single assem-
oy; maJorIty uncontrolled and absolute, and which
may become despotic. To conform to the doctrine
OF tle right OF the ority to rule independent of
The check and limitations Of the constitution, we
must revise the whole SyStcm we must DESTROY the
constitutional compact by which the several states