The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-03-16

tive assemblies lie suggested the idea Of requiring three
fourh each house to repeal laws where the President
should not concur Ne bad great reliance the reyis-
ionary power as the Executive 10 be constituted
elected by Congress) The legislature win continue to
soen don The President lie reced the history Of paper
and the of the legislative assemblies
In repeating them with all the distressing effects Of such
measures before their eyes Were the national legislature
formed and war was TO break out this runous ex-
pedient would be again resored TO- II not guarded against
The recurring threefourths to repeal would though not
complete remedy prevent the has passage of laws and
the frequency of those repeats which destroy faith in the
public and which among greatest calamities'
He suggested the expedient Of absolute negative in
the Executive
Now here were cases supposed by Gouverneur Morris
where the legislature supposed TO err in matter
of poe and where he claimed that the Executive ought
not to be controlled in his negative unless by larger vote
than twothrds yet suggested that the power did
not extend to of that character took the hint
and proposed amend the clause by providing that he
should have the right of revision in only where the
legislation in his opinion unconstitutional, hasy,
renching on the privileges and powers Of the Executive
Mr. Carroll impressed by his remarks, observed when
the negative to be overrued by twohrds only agreed
to- the quorum was not fixed. He remarked, that
oty was be the quorum seventeen in the larger
and eight in the smaller house might carry points The
advantage that might be taken Of this seemed to call for
Mr. Williamson moved to change two-thirds OF each
house into three-fourths; which carried.
Mr. Madison observed if the negatce OF the President
confined 10 bills il might be EvADEp by acts under the
form and name of resolutions and proposed that 'r
,olpea should be added after "biu !" which was lost
Ten days were allowed instead Of for returning
bills.
On the following day, the nth August Mr. Randolph
renewed the motion of Mr. Madison TO adding esoye
&c when il was carried by vote OF nine States to
one.
On the 18th September the committee on "st and ar
ranqeen reported the draugh OF the constitution and
the provision requiring the assent of tho President
bill or resolve requiring the action OF both houses or his
dissent TO be overrued by wohirds f both houses of
Congress- was reported in the very words in which now
appears in the constitution except the word threourths
which was subsequently changed to two-hrd The con-
stituton thus reported then subjected to the criticism
of the convention and its phraseology in some minute
specs changed indicating that every line ind word of that
great document was examined and rcexanined sed and
sifted again before il passed from the hands of its
thors
On the same day, 18th September motion was made
and carried change threeourhs TO twords as neces
sary TO overcome the negative of the President 1t
fully debated.
Mr. (ouverneur Morris argued the interest moreover
Of the distant States to prefer threeourths they will
be o,enest absent and need the nterposng check OF the
President The excess rather than the deficiency OF laws
was to be dreaded The example of New York shows that
two-thrds is not sufficient to the purpose" He
dwet he danger to the public interest from the insta-
bity of the most to be guarded against all taro
on the other side there could be little danger If in
Office will not where he ought every fourth year
another can be substituted. This term not too long
for fair experiments Many good laws not tried long
enough to prove their merit This is often the with
new laws opposed to old habits The inspection laws of
Virginia and Maryland to which all much at
tached, unpopular at first"
OF what laws does he speak Of those that invade the
constitution or Of all laws? OF those that relate exclu-
svey to policy which the legislature may rightully pass
as well as to those lay violent hands the consitu
toni Surely, of all laws without distinction.
Mr. Hamilton added his testimony to the fact that two
thirds had Intellectual either where
or Legislature faction operated Of which he mentioned
some instances" In New York the motion to substitute
twohirds, however, for threefourths, carried but
Madison and Washington voted, Gerry and Hamilton
spoke against il.
On the 18th September this clause again brought
the notice of the convention by Mr. Madison who moved
an amendment that the day on which the bill pre-
scented to the President should be excluded from the
days given him during which he might retain it. 1t
objected that the clause sufficiently expressed that and
therefore and the amendment voted
down by eight to three States.
special subject Of consideration and that therefore
there is the least justification for those who would
give to ii any meaning except that which its language
plainly imports.
And this was the last time the convention was occupied
with this clause.
The power which is the subject of this discussion is thus
shown to have been which engaged the attention Of
the convention the first day proceeded ater
pcte organizaton) business On numerous occasions
during the session. and that late as the 18th Septem
ber 1.-THE convention having adjourned the 17th three
days aerwards) it the subject of examination dis
CUSTOM and vote and that this last day the discussion
addressed the principle but the language Of the
clause.
Persuaded this instrument associated with the de-
bates which attended its formation would interpret ITSELF
have carefully examined them in the spirit of impartial
inquiry and the preceding history of the measure the
foea in which appeared in the first business the
convention through all its changes until the very close
of the convention it attained its perfect maturity demon
that thought entertained that the Exec
uve approve any law except the of that
word before he attached his signature and that IN
this respect his duties the If he were men,
Der Of either house of Congress- bound by his oath APP
prove dsspprove according to his best judgment am
mistaken IL there is syllable in the history of this art
Gle of the constitution that tends establish different
result
There expressions in speech Of Mr. Madison and
speech of Mr. Gerry delivered 18th September which
may furnish topics for eay and therefore in candor
refer them But very slight examination they will
appear not to initiate against the preceding view
Mr. Gerry says The primary object of the revisionary
check Of the President is not protect the general
terest 10 defend his department. Now the an