The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-02-18


Of invoking sccoud, and deliberate and solemn
consideration Of the part OF Congress II Is not in
cambent the President 70 sign bill a matter Of
course aud thus merely authenticate the action o. Con-
gress for he must exercise intelligent Judgment be \
ithess 10 the reposed IN him. II he approve bill
be shall sign IL bat II not he shall return H. with bis obec
tons that house in which il shall have originated for
such further action the constitution demands which
lis enactment il al all not BY bare numerical majority
in The first instance but BY constitutional majority o.
While the constitution thus coniers on the legislative
bodies the complete power OF legislation In all cases IL
proceeds In the spirit o. justice provide for the protec
ton Of The responsibility Of the President 1t does not
compel him to afiix the signature OF approval 70 any bill
unless il actually have his appreciation for while requires
him 10 sign III be approve H. in my judgment imposes
upon him the duty 81 withholding his signature il he do
not approve In the execution Of his Official duty IN this
respect he il % perform mechanical part but
decide and act according conscientious convictions Of
the rghness or the wr0nguness OF the proposed law
In which be is doubtful 10 his mind he
may well defer TO the majority Of the two houses lnd
vdna members OF the respective houses owing 70 the
ture variety aud OF business pending must
sariy rely for their guidance III many perhaps
when the matters involved not OF popular interest upon
the investigation OF appropriate committees II mag be
that Of suge member, whose attention has been partca
lary directed subject For similar reasons but
greater extent from the number and variety Of sub
ecs daily urged upon his attention. the President naturally
relies much upon the investigation had and the results ar
rived at by the two houses and hence those results IN
large classes OF cases constitute the basis upon which his
approval The Presidents responsibility is 10 the
whole people Of the United States that of senator Is
the people Of particular State that Of representative
TO the people OF State districts and II mag be safely
assumed that he win the clearly defned and
limited power OF arrestng legislation, and calling for re-
consideration Of any measure except in obedience 10 re-
quremens of duty. When however, he enterains de-
csye and fixed conclusion merely OF the uneonstitu-
onalty but OF the improperly injustice in other re
pee any he declare that ne approves IL he
Is false his OATH and he deliberately dsregards his
stutional obligations.
eheerfully recognise the weight Of authority which
aches 10 the action Of majority OF the houses Bat in
In
for wise considerations of public good provided that moth
ing less than two-thr of both of the houses
Congress shall become effective bind the coordinate
departments OF the government the people aud the several
States II there be anything OF seeming righteousness IN
the official right thus conferred on the President II IN
appearance only for the right of approving dsap
proving bill according TO each ones Judgment is
conferred every member OF the Senate and OF the House
of Representatives.
extraordinary which would induce the President to with
hold approval from bill involving violation Of the
constitution. The amount of the claims proposed to DC
discharged by the bill before the natureof the ransae
tons which those claims alleged to have originated
the length of time during which they have occupied the at
enton Of Congress the country present such ext
gency Their history renders il impossible that Presi-
dent who has participated any considerable degree IN
public affairs could have failed form, respecting them
decided opinion, upon what he would deem satisfactory
grounds Nevertheless instead Of resting former opin
il has seemed TO proper TO review and more
fully the whole subject satisfactorily to de-
ermne the nature and extent of my obligations IN the
premises.
feel called upon the threshold notice assertion,
often repeated that the refusal of the United States to sat
y these claims in the provided by the present
bill stain the justice of country ii il be
the mpuaton the public honor aggravated by the
consideration that the claims coeval with the present
century, and it has been persistent wrong during that
whole period of time The allegation is that private prop
erty has been taken for public without just compens
ton in violation OF express provision OF the constitution
and that reparation has been withheld and justice denied
until the injured parties have for the part descended
the grave But is not to be forgotten overlooked
that those who represented the people different capac
ties the when the alleged obligations incurred
and whom the charge Of injustice attaches in the FIRST
instance have also passed away and borne with them the
special information which controlled their decision, and II
ay be well presumed constituted the justification Of their
/ acts.
If however the charge in question be syell founded
though It's admission would inscrbe history page
which might desire of all obliterate, and al
though if true it must painfully disturb confidence in
the justice and the high of moral and political
sponsby of those whose memories have been taught
cherish with much and respect STILL
have only of action LETT TO and that is
make the most prompt aud ample reparaton IN power
and consign the wrong far be orgetfulness
But no such heavy sentence of condemnation should be
lightly passed upon the sagacous and patriotic who
participated in the transactions out of which these claims
supposed to have arisen and who from their ample
of knowledge of the general subject in its minute
details and from their official position peculiarly
sponsbe for whatever there OF wrong injustice in the
decisions of the government
Their justification consists in that which constitutes the
objection to the present binanely the absence of any
Indebtedness the part Of the United States The charge
of denial OF justice in this case, and consequent stain
upon national character has been endorsed by
the American people. But If otherwise this BILL
far from relieving the past would only stamp the pres
ent more deep and iudelibe stigma II admits the JUS
tce of the claims comedies that payment has been wrong
fully withheld for FIFTY years and then proposes pay
them, but compound with the public creditors by pro-
viding that whether the claims shall be presented
whether the appropriated shall pay much little Of
what shall be found due the law itself shall
perpetual bar all future demands This is not in my
judgment the way for wrongs if they exist
to meet subsisting obligations.
If facts not known accessible during the adj
minstraon OF Mr.. Jefferson Mr. Madison, Mr. Monroe
had since been brought light or new sources Of nfor
of embarrassment But nothing Of this has oc-
CURED.
That those eminent statesmen had the best Of ar
irving at correct conclusion, will deny That
they recognised the alleged obligation the part Of
the shown by the history their respective
administrations Indeed stands matter Of con-
trolling authority but fact Of history that these claims
have never since existence been deemed by
any President worthy Of recommendation Congress
Claims TO payment only on the plea OF ndebt-
edness the part OF the government This requires that
should be shown that the United States have incurred
liability TO the claimants either by such deprive
them OF their property by having actually taken il for
pubic use without making just compensation for it.
The FIRST branch of the proposto on which an
equitable claim to be unidentified by United States for
losses sustained might restrequires cursory ex
animation OF the history OF the transactions which the
claims depend The first link, which the chain of events
arrests atenon the treaties of alliance and OF aity
and commerce between the United States and France ne
goated in 1878 By those treaties peculiar privileges were
secured to the armed vessels of each Of the contracting
parties in the ports OF the other OF trade was