The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-07-07
CON RESSI0N AL.
SPEECH OF HON. ISAAC TOUCEY,
or oosNECTIcUT,

gent insane delivered IN the Senate, June Il, 1854.
Mr.. T0UCEY said The President OF the United States
has returned the bill for the support of the INDECENT in
sane, together with the objections which have been en-
tered upon the journal For the simple performance of
this act in obedience to the mandate of the constitution
he has been subjected 10 freedom of criticism which
think cannot fail to impress the public mind with de-
gree of regret that the honest and fearless discharge of
high public duty should be made the subject of censure
Sorry to hear the honorable from Vermont
mr. FooT in his comments upon the message speak
Of constitutional crotchets' and modern constitutional
quirks and even stgmaze this part of the constitution
as relic OF despotc power When consider that it
comes to us from those patriotic who conducted these
States through the revolution that it has and over
again, rescued the country from the most pernicious
schemes Of unconstitutional legislation and has at all
times received the most decisive appreciation Of the Amer
people it was at least to be expected that it might be
permitted TO direct the action Of the Executive without be-
ing exposed to assault in the Legislative department of the
government The illustrious predecessors of the
President for none of their political acts have received
larger share OF the applause OF their counrymen than or
the hrm and independent exercise of the power Such
think will be the fortune of the present incumbent
The honorable senator from Delaware, MIR CLAYTON,
admitting the power of the President veto unconst-
ttonal act has yet presented argument here against
the constitutional right of the President participate
the legislative powers granted by the constitutions and
he cites the first section of the first article in these words
can legislative powers herein granted shall be vested in
Congress Of the United States which shall consist o SEN
ate and House of Representatives.
If that ALL the argument would be well founded ;;
but there is another clause in the seventh section of the
article which provides that every bill which shall
have passed the House of Representatives the Senate
SHALL before it become law be presented the President
of the United States if he approve he shall sign but
not he shall return with his objections &C. And il re-
qures concurrence Of twohrds of both branches upon
reconsideration to make II law Both these sections are
to be taken together and if they do give the President
most potent voice legislation they contain clear
and une4uiyoca grant ofa constitutional right to partici
pate In the legislative power 1t is because the English lam
guage cannot express it. He has option except so far
his option control his conviction If in view of the
whole subject Of all the circumstances attending it, and
drpa
of Congress his convictions still such that he does not
approve ii his imperative duty return the bill with
his objections and his objections returned the
ground maintained by the honorable from Dea
ware that be is responsible to Congress- but that these OBJ
ctons may be laid before that body and may there have
the weight and influence to which hey are Justly entitled
This is the constitution We cannot alter it il we would
It'll written might have been written as to con-
form to the views of the honorable senator from Delaware
and af those who think with him. 1t might have been
written, "f it be constitutional he shall sign it, if not he
shall return it with his objections But member of the
convention that framed the constitution proposed any such
amendment 1t must, therefore, remain as it is
The honorable senator from Delaware further said that
the President had not the means of investigating egsa
tive question: while the Senate and the House of Repre-
sentaves have contingent funds which they could
that purpose Here the argument entirely fails him.
Neither the Senate the House has any such fund with
out an act Of legislation to provide it, The President if
necessary, can be supplied in the way
The participation of the Senate in the executive power
precisely analogous The first section of the second article
provides that
The executive shall be vested in the President of
the United States of America
But the second section of the same article declares
that
he shall have by and with the advice and
Of the Senate to make treaties provided thirds of the
senator's present and he shall nominate and
with the advice and consent shall appoint ambassadors and
other public minister's" &C.
Here is clear and unequivocal grant constitutional
right to participate in the executive power and you might
as well deny the right of the Senate in case of the
President in the other
The truth is whole system is of checks and bal
ances The object is to preserve the equilibrium of the
government to protect the rights of the several depart
ment the rights of the States and the rights of mnor-
ties and to prevent rash and inconsderate legislation
The Senate is check upon the House. the House upon the
Senate and the President upon both The especial object
OF this arrangement to prevent not merely unconsu-
ona legislation but iIconsderatc and inexpedent legis
laton also This is the object Of two houses the same
object precisely required the Presidents participation in
the legislative power While the judiciary arrest
unconstitutional act rash and inconsiderate enactment
which has passed both houses be arrested by the Pres
ident only.
The President has arrested this bill an exercise of un
constitutional power and in that view the senator from
Delaware admits and all will admit, that it his duty
to send back for reconsideration That is the power
which ne has exercised but with the of
third of either branch of Congress the will become
absolute and existing legislation unchanged
Sir the question which is involved in this bill is of
more than usual Importance II involves the restriction of
the moneypo Of this government not power the
gold and silver which passes through the treasury not
power over the representative of value but the value
itse the thing represented not over the FORM but over
the substance, in whatever form it may be- 1t involves
too the principle of strict construction of the fundamental
law without which this government is no longer what it
was INTENDED TO be- ana must inevitably take fatal d
rection. Sir, have hopes of its permanence without
uncOmpromisng hostility to constructive enlargement
its powers and If kept strictly within its defined limits
can see clearly its capacity for endurance and for any
sary expansion.
The rule district construction founded on an essential
principle Of public lberhe right Of each State to gov
ern ITSELF and TO regulate its internal affairs without
the external control of thirty other States Such control
IS absolutely inadmssblemere tyranny without respon
sibity--mere arbitrary power without apology for its
existence From the very nature Of the case the alienation
of the power of State to govern itself be clearly
shown the is not granted away If the grant do
not clearly appear but is left doubtful the assumption
power by another government is assumption without
grant, because presumption is in favor of this funda
mental right of the people Hence the rule of strict
ructon must be applied TO the constitution of the United
States and every departure from it pariakos Of the char
acter OF usurpaton and every exercise of doubtful powers
ny this government ought TO be denounced hostile the
rights OF the people and the best interests of the country
The bill under consideration appropriates ten millions of
acres OF the public lands for the benefit the INDECENT
sane throughout the Union II imposes upon the States
IN the best way 1t the duty of receiving holding and
managing this property of the United States its avais
as trust fund for the objects of its bounty 1t purpor
impose upon the sovereign States the duty of dscharging
TINS trust In all time TO for this class of their citizens
and IN one respect at least of rendering annually the
Sscreary of the Interior Of their stewardship
This Is the sum and substance of the bill
1t is admitted Of course, that this is government of
limited powers Every question that can be raised upon
that subject therefore, resolves itself into this simple in
qury-where is the line of division between State and fed
era power? On Whatsoever side of the line the object
falls, the question is settled
Inc federal government has jurisdiction whatever
et ihe subject Of providing for the INDECENT insane of