Eastern times. [volume] (Bath, Me.) 1846-1857, 1855-03-01
4olititaI.
PRESIDENTS MESSAGE
on RETURNING
THE FRENCH SPOLIATI0N BILL


bill entitled An act to provide for the ascer-
taiaueat of claims of American citizens for
spoliations committed by the French prior to
the thirty.frst Of July, one thousand eight
hundred and one, and, in the discharge of a
duty imperatively enjoined on me by the con-
stitution, l return the same, with my objections,
TO the House of Representatives, in which it
originated.
In the organization Of the government of the
United States, the legislative and executive
functions were separated, and placed in distinct
hands Although the President is required,
from time TO time, TO recommend TO the con-
sideration of Congress such measures as he
shall Judge necessary and expedient, his par
ticipation in the formal business of legislation
is limited to the single duty, in certain con-
tingency, of demanding for bill particular
form of vote, prescribed by the constitution,
before it can become law. He is not invested
with power to defeat Legislation by an absolute
veto, but only to sustain it, and is charged
with the duty, in case he disapproves meas
ure, of invoking second, aud more deliber-
ate and solemn consideration of it on the part
OF Congress. 1t is not incumbent on the Pres
ident to sign a bill as a matter of course, and
thus merely 10 authenticate the action OF Con-
gress, for he must exercise intelligent judg-
II
him. II he approve bill he shall sign it :;
out if not, he shall return it, with his objec-
tions, TO that house in which it shall have
originated for such further action as the con-
stitution demands, which is its enactment, it
at all, not by bare numerical majority as in
5he first instance, but by constitutional ma
jority of two-thirds OF both houses.
While the constitution thus conters on the
Legislative bodies the complete power Of legis-
lation in all cases, it proceeds, in the spirit of
Justice, TO provide for the protection of the re-
sponsibility of the President. 1t does not
compel him TO affix the signature of approval
to any bill unless it actually have his approha-
ton, for. while it requires him TO sign if he
approve, il, in my Judgment, imposes upon
him the duty of Withholding his signature if
he do not approve. In the execution of his
official duty in this respect, he is not TO per-
form mere mechanical part, but is 10 decide
and act according 10 conscientious convictions
of the rlghtfulnesS or the wrongtulness of the
proposed law. In matter as to which he is
doubtful in his own mind, he NAV well defer
TO the majority of the two houses Individual
members of the respective houses, owing to
the nature, variety and amount of business
pending, must necessarily rely, for their guild
aHce In many, perhaps most cases, when the
matters involved are not of popular interest,
upon the investigation of appropriate commit
tees, or, it may be, that of a single member,
whose attention has been particularly directed
to the subject. For similar reasons, but even
TO greater extent, from the number and vari-
ETY. OF subjects daily urged upon his attention,
the President naturally relies much upon the
investigation had, and the results arrived at.
by the two houses, and hence those results. in
10 cla MT tint ho has
which his approval rests. The Presidents
responsibility is to the whole people of the
United States as that of senator is to the
people of particular State that of repre-
sentative TO the people of State or district;
and it may be safely assumed that he will not
resort TO the clearly-de6ned and limited power
of arresiing legislation, and calling for recon-
sderation of any measure, except in obedience
10 requirements of duty. When, however, he
entertains decisive and fixed conclusion, not
only of the unconstitutionali;y, but the impro-
prety, or injustice in other respects, of any
measure, if he declare that he approves it, he
is false TO his oath. and he deliberately disre-
CARDS his constitutional Obligations.
l cheerfully recognize the weight of author
ity which attaches 10 the action of majority
of the two houses. But In this case, as in
some others, the trainers of our constitution,
for wise considerations Of public good, pro-
vided that nothing less than twO-thirds vote
of one or both of the Houses of Congress shall
become effective TO bind the coordinate de-
partments of the government, the people and
the several States. Ii there be anything of
seeming invidiousness in the official right thus
conferred on the President, it is in appearance
only. for the same right of approving or dis
approving bill, according TO each ones own
Judgment, is conferred on every member of the
Senate and of the House of Representatives.
1t is apparent, therefore, that the circum-
stances must be extraordinary which would
induce the President to withhold approval from
bill involving no violation of the constitution.
The amount of the claims proposed TO be dis
charged by the bill before me, the nature of
the transactions in which those claims are al
legged to have originated, the length of time
during which they have occupied the attention
of Congress and the country, present such an
exigency. Their history renders it impossi-
BILE that President who has participated to
any considerable degree in public affairs could
have failed to form, respecting them, de-
cided opinion, upon what he would deem salts
factory grounds. Nevertheless, instead OF
resting on former opinions, it has seemed to
me proper to review and more carefully exam
tuc iHe WuOlc SuOJcCt, 50 as SATISFACTORILY 10
determine the nature and extent of nv obliga-
tions in the premises.
feel called upon. at the threshold, to notice
an assertion, often repeated, that the refusal
of the United States to satisfy these claims,
in the manner provided by the present bill
rests as stain on the justice of our country.
If 1t heSo, the imputation on the public honor
is aggravated by the consideration that the
claims are coeval with the present century,
and it has been resistent wrong during that
whole period Of time. The allegation is, thai
private property has been taken for public use
without Just compensation, in violation of ex-
press provision of the constitution; and that
reparation has been withheld, and Justice de-
MED, until the injured parties have for the
most descended to the grave. But it is not 10
be forgotten or overlooked, that those who
represented the people, in different capacities
at the time when the alleged obligations were
incurred, and to whom the charge of injustice
attaches, in the first instance, have also passed
away, and borne with them the special in
formation which controlled their decision, and
it may be well presumed, constituted the justl
fcation OF their acts.
If, however. the charge in question be vel
founded, although its admission would in
scribe on our history page which we nigh
desire most of all to obliterate, and although
if true, it must painfully disturb our confidence
a. h.<~ho nf moral NJ