Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-10-11
GOV. Boll,s veto Mcssage to thc senate.


On returning to that body the Bill entitled An Act
requiring the Governor to submit any proposition
that may be made by the Government of the Unit
ed States to the State of Texas, for the purchase
of portion of her North w esterr Territory to
the people.
EXECUTIVE DEPARTMENT,
Austin, Texas, September 4, 1850.
To the Honorable Senate:
GENTLEMEN-A bill entitled "an act requiring
the Governor to submit any proposition that may be
made by the Government of the United States to the
State of Texas, for the purchase of portion OF her
northwestern Territory, to the people, and which
originated in the Senate, has been submitted to me,
and after considering it with entire difference to your
Honorable Body, it is with unteigned regret that
feel myself constrained by imperious sense OF
duty and by high regard for the honor, consisen-
CIV and integrity Of the State over which have been
called to preside to return it without my approval
The BILL by it's phraseology, evidently intends to
command the Executive to do an act which to some
extent it to ought to require the exercise
of Executive discretion proposition might be
made by the Government of the United States, (and
who can doubt the possibility of such occur
renee, since honorable United States Senators de-
clare from their places that there considerations
beyond the Constitution which would be often
sive in its TERMS insulting tslcharacter, to
render it an act of degradation the part of the
State, to entertain or listen to it for moment; and
vet bv the terms of this bill, the Executive would
be required to go through the solemn and degrading
mockery of submitting it to the voice of the whole
people, although he night convinced it would not
meet the appreciation of a single man lmbued with
the ordinary feelings of true patriotism. Whether
it be competent for one branch of the Government
to order another, and coordinate branch to do
act which necessarily implies the exercise of
delicate discretion is a question which will not
now discuss, or present for discussion: but l may
be allowed to say that some might be left fol-
the exercise of judgment on the part of that officer
to whom the whole people have confded, in grea
degree the interest and integrity of their State The
present Executive of Texas impressed with proper
humility is as little disposed any human being tt
arrogate to himself the exercise of powers which
have not been con forred upon him by the constitu
ton and laws of the land and he thinks he may ap
peal to his convocaon of the Legislature in It's pres
ent extraordinary session, evidence of thi
fact; but still, while disposed to confne himsel
within the legitimate sphere prescribed to him. NJ
regards it his duty not to give his assent to de
parture from it on the part of coordinate branch
and he believes he would be doing so by giving hi
assent to the bill now under consideration.
Had any proposition been made any to b
made, by the Federal Government to this State
which was not degrading CT insulting in its terms
and in which the people of the State possessed in
terest, the Executive would most unquestonabl
have taken the proper steps to have submitted it t
them for approval or rejection without the comman
of the Legislature but he could not consent, ever
with that command to submit a degrading PROPOSE
tion one at which the patriotism and moral sens
OF the community would revolt.
But, if this objection to the bill did not exist Their
is another, which, to my mind, is insuperable. TIL
fifth section of the third article of the constitution
limits the Legislature to biennial sessions and th
provision can be departed from only in conformit
with the terms prescribed by the eighth section
the fifth article of the same instrument, which give
to the Executive, and to him only the power to cor
vene the Legislature extraordinary occasions
The necessity which would require an extraordinar
convention of the Legislature, must therefore b
judged and determined by him alone This bill take
that power of Judging from him. and without pei
uniting him to exercise any discretion the subiec
it requires him imperatvely to convene the Legisls
ture in the event of the happening of contingency
and if the Legislature do this it can wholly sui
vert and put at nOught the constitutional provisio
which limits their assembling to biennial sessions
If has the power 70 order the Governor to conven
them in any case, out of the regular time prescribe
by law, it would have equal power to order him t
convene them at stated intervals of three six, c
twelve months their inclinations or suppose
views of the interest of the Government might die
tate; and thus instead of there being but sesso
of the Legislature in each two years, the constitI
ton prescrbes, the number of sessions would Only
limited by legislative discretion This feature in tt
bill is, therefore, to my mind, wholly nadmssibl
as regard it as being in direct conflict with tt
constitution.
The duty of the Executive, then, in relation
calling the Legislature in extraordinary session ha
ing been prescribed by the constitution, any legis
tive interference will have the effect of removing tt
barrier judiciousy placed there for the purpose
restraining, in a salutary manner, the action of tt
different departments of the Government, each wit
in its proper limits thereby disturbing the harmon
and good understanding which should always ext
in conducting the affairs of the State. | am, ther
fore constrained to return the bill to the Senate
which it originated, without my signature.
(Signed) P. H. BELL.
Proclamation.
By John AnthOny Quitnan, Governor of the State