Washington sentinel., 1854-05-20

as they do, to every heart and TO every head,
/ equally ensting the best feeling and the best
| judgment Of mankind in their favor. Congress
can give lands for railroads, for canals for colleges
II can give them for every purpose except the pur-
pose OF relieving that class OF the community which
i has the strongest, and highest, and hoiest claims
upon our assistance! And all this, sir upon the
| idea that we have formed Constitution Of govern
ment, which prohibits its being DONE If our fore
/ fathers had formed such constitution of govern
ment, instead Of deserving the name of sages they
would have deserved another epithet which /
have too great respect for thef memories 10 APP
| ply, even alphabetically, 10 them. Sages, indeed
/ 10 have given every power for mischief without
i limit or restrictions; TO put under the possession
and control Of this government an immense public
domain; in terms, TO give the power TO dispose of
| that doman and, al the same time, TO intend that
| it should only be disposed Of for sectional pur-
poses in distinct and separate portions Of the coun-
/ try, aHd that the whole people OF the United
States, and the States of the Union generally,
| should be cut of from receiving any part OF It.
have no notion, none on earth, that any such IN
i depreciation of the Constitution can be sustained.
Another objection taken by the message 10 this
bill is the pledge contained in the act of January
%, lS47 OF the sales of the public lands for the
/ payment of the stock created by that act. Mr..
President, soon after came into the Senate when
our debt was larger than il is now, when the
treasury was not full, and when the public cred
| itor might deem the pledge of some Importance,
| urged in debate this very pledge reason
4
main. The reason was dsregarded; grants nu-
| merous and vast were made, for donations 10
soldiers Of all wars besides the usual grants for
local purposes in the new States. Now, when
the treasury is overaowing, when the stock Is in
high credit, the government buying il ~ al high
premium and the FOLDERS care nothing about the
lands as security or means of payment, this
pledge is vainly urged against the present bill
Besides, sir does any one suppose that this pledge
will suffice TO prevent the passage OF the home
extrayaCaQcG
and misappcation of the public domain!
No one supposes it. 1t is question, not be-
tween the INDECENT insane and the public creditors,
but between giving all, or nearly all, TO the land
less, and giving small portion 10 this noble char.
ty. In no event will the public creditor be re-
garded as holding pledge upon the lands.
But, sir, there is another view OF this subject
and that is as to the rule which should govern the
President OF the United States in the exercise of
the veto power In the early history Of the coun-
try, the question of the veto came under the con-
sideration of General Washington, when he was
President oft the United States; and wish 10 call
the attention of the Senate for a moment, wrh
view Of applying TO this subject, 10 what Mr.
Jefferson thought ofthe nature OF the power, and
the circumstances under which it could rghtiully
be exerted. II is well known TO us all that Mr..
Jefferson held the bill for establishing the first
Bank ofthe United States 10 be unconstitutional;
and, upon call from General Washington GER
tain members Of his cabinet for their views upon
that subject, Mr.. Jefferson sent him very decided
Mr.. Jefferson, ct the close of that paper, makes
these remarks:
The negative Of the President the shield provided by
the Constitution protect against the invasions Of the
judiciary 3d. or the States and State iegsiatures The
..Satesa ~
That was the point which Mr.. Jefferson had
sought TO establish in his reasoning and is con-
i sequently one of those intended by the Consttu.
\ tion TO be placed under his projections"
i Mr.. Jefferson confines the righiful exercise OF
the veto power to cases in which the President
uses il 10 protest against invasions OF the legsla
ture, either upon the Executive the judiciary;
or upon the States and State legislatures. He
adds:
cit nut be added however, that unless the Presidents
mind, view of everything which is urged for and
By the Constitution the the hang
TO balance his Judgment Just respect for the wisdom Of
of their opinion. 1t is chiefly for where they
clearly misled by error AMBITION or interest," that the Con-
suton has placed check in the negative Of the Pres
dent"
Now, Mr.. President, whatever might be the in
clination of the Presidents opinion, appeal TO
you, sir if, upon looking at the authorities TO which
have referred the Senate-the authorities of ju-
rists and statesmen, the sol,mn exposition given
10 this Constitution by the Congress of the United
States, in the year 1926, by decided and overwhem-
ing votes in both Houses, the great mass of legs-
ation sanding for its support upon principles
which alone are required TO support this--hey
might not and ought not 10 have produced pause,
and doubt, and hesitation in the mind of the Ex-
ecuve whether this measure might not be con-
stitutional. The opinion which the President Of
The United States is to express is not TO be the
mere suggestion of his own mind When this mat
ter was brought before General Was hington at the
incorporation ofhe first Bank of the United States
there precedents in the history the
country TO which appeal could be had II was
question of first impression. 1t had to be decided
+ / n he n
the members OF his cabinet. lie was obliged to
rely upon these, and upon his own reflection for
he had nothing else upon which 10 rely But sup
pose he had had precedents in abundance sup
pose it had been question arising sixty years
afterwards suppose the power had been excr-
csed and acted upon in unnumbered instances
would the President of the United States have
been at liberty to bring his individual judgment
against the concurrent and repeated action of Con-
gress of the judiciary, and Of the former Presi-
dents Would il not produce, at least, in tho
mind of any man who was not President of the
United States, an idea that possibly, yes probably,
he might have fallen into mistake; that 1t was
conceivable, after the opinions of SO many men
men whose names have called 10 the attention Of
the Senate of the highest emnence in the coun-
try, men fthe first talents and known patriotism,
men who, though they never filed the station
which he now occupies, were emnently qualified
TO adorn t--that il was quite possible that il might
lie fair subject of doubt; and if fair subject Of
doubt, them according TO the doctrine of Mr.. JEFF
|
listing Congress that passed the bill. and he waste
presume that, when that doubt existed. the meas.
ure might be constitutional, and therefore give il
his approval.
wish the President of the United States had
i taken this view OF the subject for surely nothing
can be so unhappy as TO have one Constitution
/ to-day and another tomorrow. We talk about
amendments to the Constitution We are all op.
! posed 10 changes of il. We realize il as great
| evil TO have repeated or incessant changes mace
| in the fundamental law of the land; but pray
you, sir, if one President and one Congress do not
pay a suitable respect 10 what has been decided
and done by preceding Congresses and preceding
| Preseenis-if the affairs Of the government are
TO be decided upon constitutional grounds irre-
spective of precedent, upon the individual opn-
ions Of the President for the time being, and tho
Congress for the time being--do we not haveprac.
| tcally new constitution from day TO day The
Constitution consists not in that printed book nor
in the original from which il was printed. II is
in the meaning Of that book. II is in the rules
given by that book. II is in the distribution of
powers contemplated by the instrument; and il is