Washington sentinel., 1855-02-20
.ashingtnn gentinfl.
MESSAGE OF THE PRESIDENT OF
THE UNITED STATES VETOING
THE FRENCH sPOLIATIoN BILL.

have received and carefully considered the
bill entitled An act provide for the ascertain
meat OF claims OF American citizens tor spolia-
lions committed by the French prior 10 the thirty
first of july one thousand eight hundred and one,
and IN the discharge of a duty imperativeiy en-
Joined on me by The Constitution, l return the
same, with my objections, 10 the House OF hep
resentatives, in which il originated.
In the organization Of the government OF the
United States, the legislative and executive func-
tons separated, and placed in distinct hands
Although The President is required from lime 10
time, 10 recommend TO the consideration OF Con-
gress such measures as he shall judge necessary
and expedent, his participation in the formal
business Of legislation is limited 10 the single
duty, IN certain contingency, 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 10 restrain II, and is
charged with the duty, in he disapproves
measure, OF invoking second, and more deiib
crate and solemn consideration OF il on The part
Of Congress. II is not incumbent on the Pres
dent 10 sign bill as matter of course, and thus
merely 10 authenticate the action OF Congress, for
he must exercise intelligent judgment, or be faith
less 10 The trust reposed in him. lf.he approve a
bit he shall sign ii but if not he shall return IL
with his objections, TO that house in which il shall
have originated, for such further action as the
Constitution demands, which is its enactment, If
al all, not by bare numerical majority as in the
first Instance but by constitutional majority OF
Two thirds OF both houses.
While The Constitution thus confers on the leg
islaiive bodies The complete power of legislation
in ali eases, proceeds in the spirit OF justice, TO
provide for the protection of the responsibility OF
the President. il does compel him TO afiix the
signature OF approval 10 any bill unless il actually
have his appreciation, for, while il requires him 10
sign if be approve, il, in my Judgment, imposes
upon him the duty OF Withholding his signature if
he do not approve. In the execution OF his OFF,
cial duty in IN respect. he is not TO perform
mere mechanical part, but is 10 decide and act ac-
cordng 10 conscientious convictions of the right
funess or the wrongfulness Of the proposed law
IN a matter as 10 which he is doubtful in his own
mind, he may well defer 10 the majority Of the two
Houses. Individual members OF the respective
Aousesy owing 10 the nature, variety, and amount
Of business pending must necessarily rely, for
their guidance in many, perhaps most cases, when
The matters involved are not Of popular interest,
upon the investigation of appropriate committees,
or, II may be, that OF single member, whose al
teniion has been particularly directed 10 the sub
leci. For similar reasons, but even TO greater
extent, from the number and variety of subjects
daily urged upon his attention, The President nat
uraiiy relies much upon the nvestigaiion had and
the results arrived al, by the two Houses, and
hence those results in large classes of cases,
sthute The basis upon which his approval rests.
The President S responsibility is 10 the whole peo-
pie OF The United State.; that Of senator is Ia
the people OF particular State, that of a repre-
sentative 10 the people OF State or district and
1t may be safely assumed that he will no; resort 10
The clearly defined and limited power OF arresting
legislation and calling for reconsideration of any
measure, except in obedience TO requirements OF
duty When, however, he enteriains decisive
and fixed conclusion, not merely OF The unconst
tuionaity, bur of The impropriety, or injustice in
other respects, OF any measure II he dec4 are that
he approves IT, be is false 10 his oath, and he de-
liberat.ly disregards his constitutional obliga-
lions
] cheertully recognize the weight of authority
which attaches 10 The action of a msjorty Of the
two houses But in this case. rs in some others
the trainers of our Constitution, for wise consid-
erations OF pubic good, provided that nothing less
Than twotbrds vote OF one or both of the houses
Of Congress shall become effective 10 bind The CO.
ordinate departments OF the government, the peo-
pie, and the several States. Ii there be anything
Of seeming individiousness in the official right
thus con erred On the President, il is in appear.
ance oniy 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 Repre- esentaiives.
Il is apparent, therefore, that the circums tances
must be extraordinary which would induce the
President to withhold approval from bill invoIv-
ing no violation OF the Constitution. The amount
OF the claims proposed 10 be discharged by the bill
before the nature OF the transactions in which
those claims are alleged 10 have originated. the
length Of time during which they have occupied
such an exgency. Their history renders II i'm.
possible that a President who has participated 10
any considerable degree in public affairs could
have failed 10 form, respecting them, a decided
opinion, upon what he would deem satisfactory
grounds. Nevertheless, instead Of resting on tor.
mer opinions, IL has seemed 10 proper 10 review
and more carefully examine the whole subject 50
a. satisfactorily 10 determine The nature and ex.
lent OF my obligations ~ the premises
feel called upon, al the thres hold, 10 notice an
Ii. I'D HAT la. W.f..-m a l.
United States 10 satisfy these claims, in the ma n.
provided by the present BILL rests as a stain
on the justice Of our country. Ii II be so the i'm
puistion on the public honor is aggravated by the
consideration that the claims are coeyal with the
present century, and II has been a persistent
wrong durug that whole period Of time. The al.
legation IL, inat private properly has been taken
FOR public use without just compensation, in vic
lslioR oi express provision Of The Constitution
and that reparaton has been wishheld and Justice
denied, until the injured parties have for the most
part descended TO the grave. But Il is not 10 be
forgotten or overlooked, that those who repre.
sented the people, in different capacities al the
time when The alleged obligations were incurred.
and 10 whom the charge OF injustice attaches, in
the fret instance, have also passed away, and
borne with them Ike specisl information which
controlled their decision, and. II may be well pre-.
tumed, constituted the justification OF their acis =
II, however, the charge in question be vel
founded, although It's admission would inscribe on
our page NnlGn We ullRbt Oesre most
Of all 10 oberate, and although, If true, il must
panfully disturb our confidence in the Justice
and the high sense Of moral and political re
sponsibility OF those whose memories we have
been taught 10 cherish with 60 much reverence
and respect still, we have only one course OF ac.
lion left 10 US, and that is, 10 make the most
prompt and ample reparation IN our power, and
consign the wrong, as far may be, 10 forgetful-
meas.
Bot no such heavy sentence Of condemnation
should be lightly passed upon the ssgscious and
patriotic who participated in the Transaction,
out Of which these claims are supposed 10 have
ARISEN. and who, from their ample means OF knowl.
edge Of the general subject in lis minute deiais,
end from their official position, peculiarly re-
sponsble for whatever there is Of wrong or injus-
lice IN The decisions Of lbe government.
Their justification consists in that which consti.
tuies the objection 70 ibe present bill-nsmely the
sbssBce Of any Indebtedness on the part uf the
United S,eie, The charge Of a denial Of justice
ia lhir case, and consequent stain upon our ma.
fonal character, has not yet been endorsed by the
American people. But. II IL were Otherwise, thi.
bil, 20 far from relieving the past, would only
stamp on the present more deep and indelble
Stigma. IL admits the justice Of the claims. con.
cedes that payment has been wropgfuly will held
Effv and tks4p