The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1849-01-03

a Oil iosezrsri-e Il In r1se where NJ
rannol arpre,e. il wolJ make III, for
mal spPEOial mere niarkrry. and wn',lt
h ii.slfa siola,ian nfll,r constitution. an
he ,lis,en;ing : tie would brrome h"uns
~ law vi,iri, Lad M, heen passed a.
eai,ling - lie sanriigns Of Ihs eons.ilu
iion.
The aigersiaa 10 lie exercise of the Sc,
q power j. l,an,le,l nl.an an idea rrsfer-
ting tie prprl..r ri.l. Which. iiraErir,, on,
waull auaIhilar Siais Sovereignty. and
,hhsliiu,e T,T Tie prrseui federal govern.
msnl consolidation. d.rrcled rs a sup
POSED nuwerical maj.ris. A revolai,on
81 The gosernmeni uonlAsbe.silenily e.
ferled. aud he States would be subj clsd
10 laws 10 ~hirll lhcy had never gwen
iheir constitutional consent.
TIL. Supreme Court 81 The United
States is invested riih.ihe power 20 de-
clare. AID has DECLARED. scis Of Congress
passed y i.h llIe crnrnnence of The Sen liP.
The Hauseof Representatives. aud The APP
proval of ihe President. 10 be unronslilu.
iirnal and void; and vel nonr. il is pre,um-
rd. can he found. who will be disposed 10
strip Ibis highest Judicial tribunal under
The constitution ofih,s acknowledged pow
rr-a pnwernecessary alikr 10 ii.iinGepen.
dcnce and The rights 81 individuals.
For the same reason that the EeIecu-
tive veto SHOULD. according 10 The doctrine
mainlainrd. be rendered Migratory, and be
pracIically expnnged from The consiiin-
lion. this pnwef of The rouu should also
be rendered nngainry and he expunged.
because il restraints The lerislanvelAnd en-
ccntive will. and hecarse tn exercise of
such pnver. hy The cour, may ac regard
ed ss'heipg in cnnnrl with the capacity
ofihe reopls 10 gossrn themselves. Indeed.
there Is more reason Cor suikirg mis- pow
er of HE court from The constitution itan
there is ltai Of the qualified veto II tbs
Prrsi,lsni; hscanse ,hs dsclsion oflhe conr.
is final, sni canlnever he reversed. le,sn
though both hon.es ~ Congics. and ile
President should I've unanimous in oppnsi.
lion to il: whereas The vein Of the President
NAV be osrrrnled by vote nf ,wo-ihirds
Of both houses Of Congress, or BY Ihe'peo-
pie Al the polls.
II is Obvious thai TO preserve the srs-
TEN esiabl shcd Nv The constitution. each
Of The coordinate branches &c The govern.
ment--tI;s exeeuiivr. legislative, and ju-
dicial--mkn- be lelt in The exercise Of us
appropriate powers. IL The executive sur
The judicial branch be deprived Of powers
conferred upon either az CHI, eks on the leg.
islaiire. the~prrpnnderance of tie laller
will hec me disproporiIonaie and ahsorh.
ing. and the others inpoieni for the accom-
pishneni " Inc great objects for which
ihey were established. Organized az they
are hy the constitution, they work iogelh' r
tremendously Tor the public good. u lh"
executive ard the Judiciary shall be de-
prived of The Unconstitutional powers, inrrs.
ted in them, snd:of their due proportions.
HE equilibrium 81 The system mus, be de-
s.used. and consolalatin N, with the most
pernicinus results, must ensue--a cousoli.
daton Of unchecked. despeiw power ex-
etcised BY majoiiiless Of The legislative
branch.
The executive. legislative. and Judicial,
each constitutes a separate co 0r'iInate de-
paritneni pf the government; and each is
independent Of the others. Pin the perfor.
nance of their respective duties under the
constitution, neither can, in its legitimate
action, control the others. They each ast
upon their several responsibilities in their
respective spheres; hut If The doctrines
now maintained be correct. the executive
must become practically subordinate 10 the
legislative. aud the Judiciary must hecoms
suhardiaie 20 both the legislative aud ihs
executive; and thus The whole pdwer Of
The government would be merged in a
single department. Whenever. If ever.
this shall occur. our glorious system Of
wel-regula,ed sell.gnvernmeni Will crum-
bic into rains--in be sucretded. FIRST bv
anarchy, and linally by monarchy or
despollsm. am far from belle ing thai
this doctrine is The sentiment Of the Ame-
riran people; and du'ing The shor, period
which remains 10 which il will be nv duty
TO administer the executive department.
i, will be ny aim 10 maintain iIs inde-
penenre. and discharge its duties. with
gu, infringing upon the powers or duiies
of either Of the other Departments of The
government.
The power " the executive veto was
exercised BY the first and most illus,rlous
Of nv predecessors. and by fouro his sue
ccssnrs who preceded me IN the admins
tralinn of the goseEnmen'. aud. il is heliev.
cd. IN no instance prejndiciallv 10 the public
interest Il has never been. and there IS
but little danger thai il ever can be abused.
No President will ever desirr, unnecessa-
rily. to place his opinion in opposition 10
that of Congress. He must always exer-
else the power Reluctantly. and only in "a
SEES where his convictions make il matter
Of stern duty. which he cannoi escape.
Indeed, there is more danger that The Pre-
sideni. from the repugnanra he must al
WAYS fcal 10 come IN collision with Con.
grcs,. NAV fail TO exercise il IN cases where
,np preservation Of The constitution lion