The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-10-23

Mr. Erskine has said there is " less to deplor
and more 10 admire in the constitution OF America
than that of any other country under heaven
wish, indeed, TO except our own, but cannot ever
do that" MIR. Erskne Is not alone In his eulogy
of the Constitution. No nation has greater reason
TO be proud of her government than our own Our
constitution is, indeed, model well worthy OF iml-
tation. And when come TO search Tor this ex-
ccllency, If we mistake not we Will md IL W con-
sist in that discrimination between the parts oil gov
eminent which its trainers have so wisely made.
Very properly has each branch OF government been
made to constitute of itself, separate and distinct
department. The trainers of the constitution, act
ing upon the now generally accepted truism' that
governments are instituted for the benefit OF the
Subjects and in them is inherent the right to legls
late, have declared, in the first section OF the cons
tuition" All Legislative powers herein granted
shall be vested in Congress OF the United
States" The objects of legislation being not only
the people, but the States in their sovereign capa
city, this Congress has been made to g consist OF
Senate and House of Representatives" the former
consisting OF members chosen by the State, and the
latter Of delegates elected by the people The egis
latve branch thus organized, consists OF represent
atves from each subject Of legislation And III this
body is vested the sole power Of Legislation. All
acts of legislation, by the other departments OF gov
eminent usurpatlons.
Notwithstanding this care upon the part of the
trainers of the constitution, an effort is now being
made by the Democratic party to convert the ex-
ecutive into legislative department. This is but
another evidence of the Increasing tendency OF tins
party to monarchica government We, will not
here enter into the details of the late war 70 show
the usurPation upon the legislative department
then made by the executive. We need not go to
the past. The present is full of its monarchica
tendencies. Upon the question Of ceto, no party
ever assumed more erroneous position; and should
its constructions ofthe constitution be carried into
effect the President would become the awgiyer
well as its executor.
The constitution has constituted the President
executive agent and such he is regarded by the
Wing party. And this party, taking the constitu-
~
executive investments. The constitution has given
him no other than an executive agency, and, con-
sequently, can grant no other than executive pow
ers. The Wings do not, indeed, contend that the
President cannot constitutonally exercise the veto
but they maintain that the constitution restricts its
exercise The veto is not power the exercise of
which appertains to the President man, but ID
which is to be used by him in his capacity as
the executive. The constitution requires ali the
laws to be sent to the President to receive his sig
nature. Now wherefore demand the Presidents
signature' The President, in his executive capa-
city, must prevent encroachments upon well as
administer the laws. II has, therefore, been made
obligatory upon the legislative department to sub
init its bills to the vcstigation of the President
And the law makes it obligatory upon the
President to sign them if they accord with the
stitution and If not, to return them, with state
ment Of their disagreement with its acquisitions
The veto is Presidential prerogative, intended 10
be used to prevent the passage, the part of Con-
gress, of such bills do not accord with the const
tution and, as such, is an executive agent.
But the Democratic party CONSTITUTES the veto
clause into Legislative function They favor the
unlimited use of the veto, contending that il can DO
exercised upon occasions where the President
doubts the expectancy of the measure. And not
only is it contended that this course is admissible
but they argue for its necessity 1t is insisted that
if the constitution be regarded the veto must be ex-
ercised whenever the views of 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 construction actu-
AL v MS he
not only converting the executive into Legislative
branch of government, but actually making it SUI
peror to the law making power.
We have thus presented the position of both par
ties, and we leave the candid and impartial reader
to decide which accords with the nature Of the ex-
ecutive department. and the declaration" Au
Legislature poton herein granted shall be vested in
Congress of the United States. Lynchbtwg Yng.