Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1849-04-20
VERMONT PHOENIX.
Brattleboro, Friday, April 20, 1S4s.
The Veto Power.

We invite attention to an article in the pre-
ceding column from the american Republic"
free soil paper in Greenfield. II treats Of a
grave question: and we desire TO give tina, jour
nal The full benefit Of his own views.
II purports to answer question Of ours which
heads H. but we submit that, like the sermons Of
some clerpymen, II might as well bave been sp.
pended to any other text As expressing the
opinions Of that journal upon the power and du-
tics Of the Executive, Il is very frank and can
did, but what Is there Of argument about IN 1t
is very easy 70 make the assertion, that the Pre-
sdcnt is Legislator, and that he has such and
such duties to perform, but when one Alledges a
fact Of his own knowledge, md assumes to speak
ca caflsdra," he leaves no room for controversy
or disputalion. We cannot argue against ma
tcd asseriion-wo want the facts and reasons
which prove il to be true. These VIC may ex-
anime and controveri.
The extract at the head Of the article in the
Republic was quotation from the eonsiiiu-
ton, and, rs any one may see, il is eonirddic-
lion in terms Of the Legislative power in the Ex-
ecutiye, asserted by thni journal Was il not
then incumbent upon the "Republc" to explain
away that contradiction, 50 as to reconcile the
true reading Of the constitution, with the doc.
trinc con,endcd for? We have great respect
for the opinions Of the editor Of the Republic
but when he asserts one thing, and the consiitu-
ton another palpabiy antagonisiio, we must be
excused for sdhering to the latter.
What be has omitted, however, we will sup
ply, and although we cannot argue with his as
sertions, we viii endeavor to prove that they are
hostile both 10 the letter and spirit of the consti.
tuition
Let US look into tina, instrument and consider
It's language. The Gnt section reads thus;
"ALL isghiafirs po,rers herein granted shall
be rested IN a Congress Of NE United Sofes ,rliel
shall consist Of Senoie md House Of Repre-
senidtircs."
This is plain and unequivocal language. Il is
neither obscure, nor susceptible Of double sig.
MITIGATION. "ALL legislative powers docs not
"dH" comprehend he rhoief Is there, or can
there be, any thing LETT after "aH" is taken
an legislative power is vested in Congress-
and Congress consists (mArk ii y Of Senate
and Hou.e Of Represeniafires-- Of Senate
House Of Representatives, and PresidenL
Neither sophi.try nor learning can climb over
crawl around, or ffi,,er away this langusge.--
Look at it, examine it, and iwis, it hs you will
there il stands, clear, distinct and papable as the
sun at MONDAY IAN" signifies the ,rkoIs OF
entire hing, or al the parts or particulars which
compose IL and al legislative powers" are by
the constitution "y,sied in Congress" II AL
legislative powers are vested in Cengress," what
"iegisiafire pOrers" we beg to know, remain for
the Presideni' One thing IS certainly true Il
there is any legislative power in the President
the fpt section Of the constitution declares an
un,ruih
But" says the Republic, "no I'LL can be-
come a law without the Presidents signature
unless by a Congressional majority Of two to
one, after be has refused his signature and
therefore Uhe t--ciu.ion I'D he must neeessAfi-
ly exercise legislative power.
Let us cok into the constitution again, and
see what ii says;
"sEc 7. Every bin which shall have passed
the House of Representatives and the Senate
y
President Of the United States II he approve,
he shall sign il; but il not, he shall return il,
with his objections, 10 that House in which il
shall have originated, who shall enter the objec-
tons at large upon their journal, and proceed to
reconsider il. IT, after such reconsideration,
iwo-thirls of that House shall agrce to pass the
bill, il shall be sent, together with the objections
to the other House, by which il shall be recon-
sidered in Ike manner, and If also passed by
iwo-thirds Of that House, il shall become law.
IL any bill shall no, be returned by
the President within len days Sundays except
ed) after il shall have been presented to him,
he same shall Dc d lac, in lie manner as u he
had signed il, unless the Congress by their adj
journment prevent its return, in which case il
shall not be law"
The Republic will perceive lis error in assert
ing that mo bill can become law ,oifAout the
, signature Of the President &c II is not neces-
sary that the President should sign il, or do any
thing else with II. He may put it in his pocket,
or in the fire; he may not look at it, or read il,
yet it becomes law all the same, after the lapse
OF ten days. What part Of Legislation is done by
the President, when be takes a bill presented to
him, and without reading it, thruSIs ii into the
FIRE? Ilo certainly does not consider it; he
passes no opinion upon il, and does not sign it,
yet it becomes law, and law, too, by simple
majority Of Congress-
II is very true, however, that every bill must
be presented to the President before it can be-
come law, and it is also very true that he has
the poper to sign or to refuse to sign, and that
in the latter case, il returned, it does not become
law without the assent of two-thirds of both
Houses. Here is something in the power Of the
President to do, which may prevent bill passed
by Congress from becoming law, and il that
something amounts TO an act Of legislation, then
the first and seventh sections are in conflict with
each other, and entirely irrcconcilable-f ac-
cording to the doctrine advanced, the legislative
powers of the President are fully equal to those
of Congress and it is no less bis duty than theirs,
to exercise them.
Is il not incredible and absurd to suppose that
the trainers Of the constitution intended to make
the Executive a coordinate branch Of the Leeis-
lature, and yet declare, in positive terms, that
"oR Legislative powers should be vested in Con-
gress 2" Does the Republic believe it2