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


tence pat 10 the torture to see human ingenuity could
wiring from them meaning different from aatintended tobe
conveyed men in that convenonprety
fair masters Of languageFranklin Madison, and hanii-
might compare, possibly, with those who insinuate
they said hat they did not mean.) After lbs various
PRINCIPLES were settled and the work had attained in Its
parts completion IL with cousiderate submitted
TO a committee on style and arrargse'' that every
pusage might be rejected every obscuty edressed every
reduced and all the parts into the most
luminous order After days occupied in their work the
committee submitted their draught to the convention when
il was again examined Alterations were made in minute
matters as the journal shows and thus proves that
at that stage its language was thoroughly sifted
II is hardly probable then that the convention said
what IL did not mean If there any doubt critical
examination of the history Of the clause in question would
remove It.
The principle contained in this clause much dis
cussed and as often the convention any other in
the whole instrument Ii created much difficulty, and
was the subject OF much anxiety any other 1t did
not get the constitution matter Of course IL
deposited there with the greatest and after the most
discussion and with many anxetes as any
measure that Incorporated in the instrument IT.
therefore we'll considered and the language 10 which
il was expressed have been and in point Of fact was
chosen with remarkable
Let me be misunderstood There was one dis
sentng cote 10 the admission of this principle it stands
in the constitution But member objected to it,
Mr. Bedford of Deaware and he only to have OBJ
ected very early in the session 1.-THE I'd Of Jnne Suisse
quen intercourse with the other members appears to have
corrected his Judgment for do not discover that he
after made the least objection TO il The difficulty was
whether other provisions embarrassing to the egsa
ture should prevail for example, that the assent of
the President should be indispensable every lawan
which the unanimous vote OF each house of Con-
should whether the power of revision
should exist in the judges of the Supreme Court
coordinate branch of the lawmakng power and in the
President a fourth branch.
But no one except Mr. Bedford suggested that the
President should exercise the power the
possessed The jealousy in the minds of fathers
not the Ercp but of Congress- and the debates show
that they felt stringent restraint should be de-
| vsed to protect the country against Congress.
Some looked in the scheme that submitted for
vision TO the President body and to the Supreme
Court as another every bill Some demanded that the
Executive should absolute negative; others that
his negative should be liable be by three
fourhs and others by wohirds of each house The his
tory Of the power in question fully given in the Madison
Papers is instructive and proves that the obvious Is the
| true sense of the clause.
On Friday May u.s. 1885, the convention assembled and
on Tuesday the 10th May its organization having been
peted and the rules for its government adopted Mr. Ram
dolph on behalf Of the Virginia delegation, opened the
main business and submitted series of resolutions I'M
bod,ng the principles which it thought should enter
| into the constitution.
The 9Th resolution declared that the Executive and
number of the national Judiciary ought to
pose council rerison with authority to examine every
act of the national legislature before it shall operate and
that the dissent of said council shall amount to rejection
unless the of the national legislature be again passed
On the same day Charles Pinckney of South Carolina
submitted his plan of federal constitution, in the fifth
article Of which appears the following Every bill which
shall have passed the legislature shall be presented to the
NJ Init he
prove it, he shall sign but if he does not approve he
shall return IT, with his objections to the house it orig
mated in which house if twothrds of the members pres
ent Notwithstanding the Presidents obeions agree to
pass it. shall send it to the other house with the Pres
dents obiections where il two-thrds of the members
present agree PASS it. the same shall become law
Here then, on the very first day that the conventon
was engaged in the business for which it assembled the
only two plans submitted contained clauses giving power
OF revision of the acts of Congress to other bodies
pressed in the broadcast terms which could confer
limited right of examination and dissent
In all subsequent propositions the same breadth of ex
preston is employed and in the debates it is not
suggested that this power of revising to be lin
tied than the power of enactng.
On the 4th June the 9Th resolution Of Mr. Randolph
under discussion Mr. Eldridge Gerry objected the
Judges being invested with power of revision because
1T was quite foreign from the nature of their Office to
make them judges of the of public measures
He moved postpone the clause in order propose that
the National Executive shall have right negative any
legislative which shall not be afterwards passed by
- parts of each branch of the national legislature
Here then it is objected that the judges should not have
power OF revision because it foregn from the nature
Of their Office make them judges of the of public
measures but that power should belong to the Exec
tive Why7 Because it is not foreign to the nature of
his office that he should Judge not of the constuonaiy
of law merely iii the result of hasty legisa
tionhe two objects which it is alleged his interference
should be confined but of the policy Of public measures
Almost the whole of this day passed in discussing this
motion and the propositions offered subsutesto wit
to give the President absolute negative and the right
suspend for limited time any laws and to the Supreme
Court the power of revision Finally towards the close of
the day the proposition give the power to twohds OF
each house of Congress override the provsionay check
passed in the affirmative without dissenting voice.
On Wednesday, 18th June Mr.. Gorham of Massachusetts,
from the Committee of the Whole reported plan for
federal constitution The 10th resolution in substance
the 9Th resolution Of Mr.. Randolph:
"That the National Executive shall have right to neg
alive any legislative which shall be afterwards pass
ed by wo-hirds Of each branch of the national egisa
turen
On Monday, 18th June, Alexander Hamilton submitted
his PLAN and part of was that the Executive should
shave negative all ars about to be passed. and the
ecuton of all laws passed"
This negative placed every law nj the mercy OF the Ex
ecuve and made provision by which any maorties of
either house could against the will Of the
President
On Wednesday, July ls the 10th resolution reported by