The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1848-12-16

mal representation with the larger States IN
tho Senate; and they agreed TO be bound ny
all laws pissed by Congress upon the express
condition, mud none other, TINT they should
he approved Ivy the President, or passed, ms
objections To tho contrary notwilllslahdIlg,py
n vote of Two thirds of both Houses. Upon
this condition they have n right 10 insist, as n
part oflhe compact to which they goVe 'heir
assent
! A bill might be passed by Congress against
HE will Of the whole people ofn particular
State, aud against the votes ofiis senators
aud all It's representatives. However preIu-
dicinI il might be TO the interests OF such Slhte,
| il would be bound by il if tho President shall
approve IT, or il should he pissed by vote
OF Two thirds Of both houses; but II has right
10 demand that Tho President shall exercise
his constitutional powers 10 arrest II II his
Judgment IL against H. II he surrendered
mis- power, or fail TO exercise il in II case
where he cannot approve, il would make his
formal approval n mere uockcry, and would
be Itself a violation Of the constitution, and
the dissenting State would become bound by
Il law which had not been passed according
to the sanctions ui'tle constitution.
The objection to the exercise ofIle veto
power is founded upon an idea respecting
the popular will, which fcHrried ont, would
nnnlilnte State sovereignty, and substitute
for the present federal government consol-
;dnlion, directed by supposed numerical
minority. A revolution of the government
would he silently effected, aud the States
would be subjected TO laws TO which they had
never given their constitutional consent.
The Supreme Court ofthe United States Is
invested with the power 10 declare, aud has
declared, acts of Congress passed with the
concurrence ot'thG Senate, the House ofRep-
resentntives, and the approval Of the fIee'-
dent. 10 be unconstitutional aud Voldi anu yel
none, il is presumed, can he found, who wlll
be disposed to strip this highest judicial trl-
bunal underline constitution Of this ncknowI- |
edged power-n power necessary alike 10 MS
indeucndenco and the rights Of individuals.
For the same reason TINT the Executive We
to should, according 10 the doctrine rnull- |
tained, be rendered migratory, and he practl-
cay eXpuuged from the Constitution, ms
mower Of tho Court should also DO rendered
nugatury and he cXpunged, because II re-
strnins the legislative aud executive VIII, and
because tIe exercise of such power 10y The
Court may he regarded MS being III conflict
with tho capacity of the people to govern
themselves. ladeed there is more reason for
striking this power of the Court from the
Constitution Than there is that OF the quar-
(ied veto of the President; because the decis-
ion fthG Court is final, aud eau never he re-
versed. even though both Houses of Congress
and the President should he unanimous III
opposition To iGwhereas the veto of The Pres
ident may DO overruled 10y II vote OF two
thirds of both houses of Congress, or 10y the
people at the polls.
1t is obvious that TO preserve the system
established by the constitution, each OF tie
coordinate branches of the governtnent-tlle
executive, legislative, aud judcial -mnst be
left in the exercise of its appropriate powers
If the executive or the Judicial branch he de-
uriycd of powers conferred upon either as
checks on the legislative, the prcponderence
ofthe latter will become disproportionate and
absorbing, aud the others inIpoient Tor the
accomplishment ufthe grent objects for which
they were established. Organized MS they
are by The constitution, they work together
tremendously for the public good. It the
executive aud the judiciary shall he deprived
ofthe constitutional powers invested ia them,
and of the due proportions, the equilibrium
ofthe system must he destroyed and consoil-
dution with the most pernicIous results, must
ens,Ie-u consolidation ofunchecked, despot-
ic power, exercised by majorltles OF the iegis-
la,ive branch.
The executive, legislative and iudcial,e each
constitutes separate coordinate department
of the governments; ard each is independent
oc the others. In the performances OF Their
respective duties under the constilutlon'neitiI-
er can, in lis legitimate action, control the
others They euch uct upon their several re-
sponsihilites in their respective Spheres; but
If the doctrines now maintained he correct,
the executive must become practically subor-
dnate to the Legislative, aud tie judiciary
must become subordinate TO botlI the legis'a-
tive and the executive; and thus the whole
power Of the government would DC merge"
IN single department.
Whenever. if ever, this shall occur, our glo-
rious system of well, regulated sell govern
nent will crumblc into ruins--to be succeed
ed, first by anarchy, aud finally by monarchy
or despolsm. am far from believing that
this doctrine is the sentiment of the Amerl-
lean people: and during the short period
which remains in which it will he my duty
to administer the executive department, 1t
will he my aim to maintain its Independence,
and discharge it's duties without infringing
upon the powers or duties of either of the
other departments of the government.
The power ofthe executive veto was eXer-
cised by the first and most illustrious of my
predecessors, and by four ofhis successors
who preceded me in the administration of
the government, and, it is believed, in no i'll
stance prejudicially to the public interests.
1t never has been, and there is but little dahl
ger that it ever can be abused. No President
will ever desire, unnecessarily 10 pace ms
opinion in opposition to that of Congress. lie
must always exercise the power reluctantly,
and only in cases where his convictions
make il a matter of stern duty, which he
cannot escape Indeed, there is no danger
that the President, from the repugnance he
must always feel to come in collision with
Congress, may fail to exercise it in cases
where the preservation of the constitution
from infraction, or the pnblic good, may de-
mand it, that he will ever exercise it unnec-
essarily or wantonly. r
During the period have administered the
| o,oo,,;yn .Io,,nrtmant of The government