Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1849-10-18
THE WINGS AND THE CONSTITUTION

ltor, IS absent, lof the purpose OF attending Tue
Memphis Railroad Convention
THE WINGS AND THE CONSTITUTION
MIR. Erskine has said, there is 'lesS to deplore
and more to admire, in the Constitution OF Amer
lea, than that of any other country under heaven.
| wish, indeed, to except our own, but | cannot
even do that" Mr.. ErSkinc is not alone in his
eulogy Of the Constitution. No nation has great
er reason TO be proud fher government than our
own. Our Constitution is indeed a model, well
worthy Of imitation. And when we come 10
search for this excellency, if we mistake not, we
will find it TO consist in that discrimination be-
tween the parts of government, which its trainers
have so wisely made. Very properly has each
branch of Government been made to constitute,
Of i~tselt,a separate and distinct department. The
trainers OF the Constitution, acting upon the now
generally accepted truISn, that Governments are
instituted for the benefit OF the subjects, and in
them is inherent the right to legislate, have de-
clared, in the first section of the Constitution, "all
Legislative powers, herein granted shall be vested
in a Congress of the United States.'' The OBJ
jects Of Legislation being not only the people, but
the States in their sovereign capacity, this Con-
gresS has been made to ''conslst of a Senate and
a House Of Representatives" the former consist
ing ofmemberS chosen by the State, and the lat
ter of delegates elected by the people. The legis-
lativc branch, thus organized, consists of repre-
sentatives from each subject Of legislation. And
in this body is vested the sole power of legisla-
ton, All acts OF legislation, by The other depart
ments Of Government, are usurpations.
Notwithstanding this care, upon the part of
the trainers of the Constitution, an effort is now
being made, by the Democratic party, 10 convert
the executive into a legislative department. This
Is but another evidence of the increasing tenden-
cy of this party 10 monarehal government. We
will not here enter into the details Of thc late war,
to show the uSurpatlon upon the legislative de-
partment, then made by the executive. We need
not 60 to the past. The present is full of It's
monarchial tendencies. Upon the question OF
Ieto, no party ever assumed a more erroneous
position, and should its constructions of the Con-
stilution be carried INTO effect, the President would
become the l%awgiver as we'll as its executor.
The Constitution has constituted the President
an executive agent, and as such he Is regarded by
the Wing party. And this party, taking the
Constitution, as its guide, regards all of his en-.
dowments as executive investments. The Con-
%Stitution has given him TO other than an execu-
tive agency; and, consequently, can grant no 9th.
err than executive powers. The Wings do not
indeed, contend, that the President cannot con-
Stitutionally exercise the veto, but they maintain,
that the Constitution restricts its exercise. The
veto is not a power the exercise oiwhich appertain,
to the President as a man but is one which is to be
used by him in his capacity as the executive
The Constitution requires all the laws to be sent
to the President, 10 receive his signature. Now
wherefore demand the Presidents signature -
The President, in his executive capacity, mus,
prevent cncroachments upon, as we'll administer,
the laws. 1t has, therefore, been made obligato.
ry upon the legislative department, to submit il,
bills to the investigation of The President. And
the same law makes it obligatory upon the Presi.
dent, TO sign them ilthey accord with the Con
stitution; and ii not, to return them with a state
mept oil their disagreement with its acquisitions,
The veto is a Presidential prerogatiye, intended
to be used TO prevent the passage, on the part Of
Congress, OF such bills as do not accord With the
Constitution, and as such is an executive agent.
But the Democratic party CONSTITUTES the veto
clause into a legislative function. They favor
the unlimited use Of the veto, contending that il
can be exercised upon occasions where the Pres
ident doubts the eXpediency of the measure.
And not only is it contendcd, that this course is
admissible, but they argue forts necessity. Itis
insisted, that, II the Constitution be regarded, the
veto must be exercised whenever the views oil
the President and those Of Congress conflict. Or,
IN other words, that the will of the President must
predominant over the will of Congress. This con-
%struction actually places the President above
Congress. This is not only converting the exec
utiye into a Legislative branch of Government
but actually making it superior 10 the law-makine
power.
We have thus presented the position of both
parties; and we leave the candid and impartial
reader 10 decide, which accords with the nature
of the executive department and the declaration
''aH Legislative poneg herein granted shall be vest
ed in q Congress OF the United States.'