The Arkansas banner., 1849-04-17
TmR ynro PowrR.


 The Philadelphia News eontaius what purFor's to bs reply 10 our article of few days ago. relative te che qualified vet1 and the power Of the supreme CoaTt 10 pronouace 6nal aud biading decisions upon n questions of constitutional coasiractiou We no- tica khe editorial of the News not because ot any nrsnmen, a contains but because t repeats the false aRd aliaesous assertions which have alien SO Pish tFniiy from the whg party sinee ue appearance o' the first Allison letter We do not think It neces- sary to eKposs iI;s Hes that under the democratic doctrine, power is raised up ln ihe couh- try The democratic party but repeat the words oi the e6pssitu,ion. and demand of lIle President 10 dis etafge the duties which that instrument imposes upon him. If this be a monarehical doctrine, then tlIe wise men who framed the fundamental law are snswerabis for the sIu. The imperative command of the constitution is that the President reP- resentative of the people and of the Stascs--shali exercise hls ludgnsn in approving or disapprovipg cnch sad every bill which may pass ihe two Houses Of Congress; and commands him. if he dlsspproYes of any oae of tem, to return il with hls objections to the house in which it originated No man can read tho nstslinieni on which institutions are based aud deny ihis uath The whg party to uoi eny 1t: but they sticnliisc it IS tbe poaer, which may strike down the liberties of tlse people It is not the power -it is the power oi the poopla aud of the States, which can be exercis by their representatives uoL to pass any law; not 10 violate by legislative enactment the rights oi any portion of the eountry but only 10 prevent m cer lain cases positive euactn,eBs, aud to curb the mis- ehieyous Legislation of bare majority oI the Con gress of the United States.
 The liberties of the people eau be stricken down. and tlser rights iramped under foot only by posi-. Eve enactments passed by ihe law-making power, and execuled by the law enforcing powers Of the goyernm snt. The President of the United States cannot by the aid of Is qualified veto. pass any law he can oply. when the majority oi both Houses does not reach two thirds prevent the passage of laws The President is presumed to be statesman entertaining certain opiBions guesiioas of public policy known to the people. This Is q violent pre- sumplion, we admit in the case of General Taylor But nevertheless, In our couatry, with Popalar government, and with legislators who can act oBiV iu . representative capacity the President is pre- stunned ts be statesman entertaining certain opin- tons on questions of public policy known to the people. Those oPiaions are sanctioned by the people and the States when they elect him. lie mere servant lis bounJ, therefore, 10 sustain the decision pronounced by sovereign States and by sovereign ctizens, by exercising all the power which the constitution gives him for that purpose And in doing he obsys, not his individual will, hut the will of those who clothed him with power. Jn performing this task, he does not establish one
 man power, but viadicates the power Of the efectcrs whoss trustees and servant he Is. They who wish Go strike down the veto power are those who wish Co steal power from the people aud place il in the hands of few; for they desire to fetter, unknown fo the constitution, the ouy officer, who is elected by all the people, having any influence over the Iegislation of the federal government. 4 member ef Congress Is elected by prescribed districts; and Inc votes of those districts alone control his action. Other constituencies have no power over him. and can in no way influence him. Each senator, in the way, Is elected by and repre- sents, . particular State Neither the people nor fhe legislatures of the other twenty nine States of fbs confederacy have any voice in tlIe natter for he is rot considered their representative. The frarners of the constitution did not fail to ta with natioaal legislature thus constituted, par fcular States. having majority in the Senate and in the House of Representatives, would inevitably combine together and. regardless of constitutional restraints would pundcr and oppress the rest Of the Union Such a combination would be inevitable but shat, check was placed uPon the powt ofa majority of Congress in order 10 protect that portion of the people who represented by majority of that boiy from injustice and wrong. That restraint is the qualified veto of the President; and he is bou umc by his official oath to exercise it, a order 10 main tain. protect, and defend the rights and interests of fine States, and of the people they are guaranted by the provisions of the constitution. In p,acing his construction on that instrumeni he may look with deference 10 the decisions of the Supreme Court; but he is not to regard them binding upon him That body. august as it is, is not empowered 10 dictate 10 him and to tho members Of Congress He, and they, have constituencies different from the judges of the Supreme Court to whom they are amenable. The federal leaders wish 10 sthe the voice of those constituencies that they can utter no WoTu to tHeH reprsSebtatiVcs or through lneir representatives on any question of constitutions construction. Under the new dispemsaon, such questions arc io be taken away from the people John Doe and Richard Roe, in person, or by their attorneys, may argue case in law or equity nrsing under the cousitution,' two hours each, in the basement of the Capitol; and il then must be decided by majority of nine judges This js right and proper ss far as the parties psint aud defend ant arc concerned; but when that decision to be regarded final and authorilaiive exposition of the constitution, binding upon s the people and all the representatives of the people part of the instrument itself the nature of our institutions will have been radically changed
 General Taylor has taken the oath to maintain, protect, and defend the constitution uf the United States. The judges of the Supreme Court have done no more; and there is provision of that instrument, nor rule of morality, which substitutes their oaths for his True, they are worthy of all confidence. They constitute able, learued and eirtuous body; hut vet above them, and above the President, and above Congress-, are the sov- ereign States of this Unioa, and the sovereign people who inhabii them. 1Eey are the owners of this government, and have voice in its adminis- t'ation. controlled only by the self imposed re- strants of the constitution