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

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inquiry into his powers and dates in this respect II
seems to the writer that great Misrepresentation exists in
the public mind the nature OF this powermiscailed
the veo and much Of the excitement growing Of
its exercise proceeds from the inaccuacy Of thought pro-
duced by the misappcaton Of this Language Is
not less the mould than the Of ideas And this
word va not found in the constitution, appearing
once in the debates that occurred the formation and
adoption Of that instrument but Of late adaptation TO the
power in the constitution which makes the Executive viii
part Of every law that is passedths word oo has pro-
duced in the public mind conception Of power radically
different from that which the Executive exercises when he
withholds his assent from proposed law. The term eto-
the which the tribunes in ancient Rome uttered
when guardians of the pebeans they stepped between
them and the powers Of the and asserted the
esty Of the Stahas been distorted TO describe duty inn
posed the President As all laws emanate with us from
the people the suggestion that their will be controlled
by any other alarms jealousy and proyokes hostility
this power because it is made the sembance and
Of another But in reality, the refusal by the Presi
dent approve bin is unlike the the refusal of
the House of Representatives the Senate approve of
adopted by the other is unlike
The language of the constitution is "every bill which
shall passed the House of Representatives and the
Senate SHALL II become law be presented the
President of the United States if he approve IT, he shall
sign ii but if not he shall it, with his objections to
that house in which il shall have originated who shall en-
ter the objections at large their journal and proceed
reconsider it, &C 3s
Here no power is given to. parayze law, but only
mode prescribed for the passage of provision that
three departments differently constituted should concur in
the Of every law This contrvance SO admra
bly, adapted to the protection of minores proceeded from
the conviction that Legislative were no less prone
10 tyranny than monarchs that the disposition tyranny
inherent in the human heart and energetic the
bosoms of representatives in popular assembly as in
that of solitary occupant of throne. II is form of
seove and if practsed less by the former than the
ter it is only because Of the difculy-not very greatof
uniting in object The convention that framed
the constitution deeply penetrated with this convic
ton The members Of that convention had provide for
government the most complex that could to insure
the permanence of that compexy and the time
its harmonious action The federal was to be
supreme in its sphere Of duties and privileges the States
sovereign in theirs and the people free prosperous
under BOTH How long would representative body rep
resentng the people in their collective capacity be COM
petent regulator of machine requiring the harmonious
cooperation of these different forces Too short time
TO CRAFTY the patriotic ambition Of those great men who
would be satisfied with nothing less than founding
mighty empire, where strength be hardened and its
proportions matured by centuries.
As the people were to rueas that was the final power
into which all others could adopt no
plan but one that by system of balances should make
the people protect themselves against themselves soula
to speak, counterfeit themselves when some unfvorable
tendency threatened to project them Of their proprety
That was the problem to be solved How did they re-
solve it 2
majority of small States If the people were only rep
resented by States might Cypress majority of the peo
pie House of Representatives checked that movement
1T the States only represented by the
of the people, then the population few large States
might Cypress sovereign States of smaller dimensions
The Senate balance there majority of the States
and also of the people, by their in the Sem
ale and House might oppress sectional question the
NV vial
tuition hut by the enactment of laws within the constu-
tona powers OF Congress that mpoitc discrmina-
ting and ruinous Was there check devised for such
case The President that check. Elected by the
whole country his constituents the whole people, owing
no particular services to particular quarter OF the
try but upheaved by his eIowctizens from every region
of the country gratitude the habits encendered
by surveying in the discharge Of his office every part of
the country associated with cabinet drawn from yarous
quarters in constant intercourse with men coming to him
on visits Of courtesy business from every State for
large portion of the year in daily intercourse with sena-
tors and representatives from States and nearth,
was the training these the circumstances that were to ma
honalize his affections expand his views and fit him. as
the representative of the whole country 70 be an nds
pensable element in the law-making department The
Senate to represent the sovereign States the representa-
tiyes their particular constituencies and the President
the whole country-this a combination of powers
which about ngenously contrved to make the
people their competent protectors human wit was
equal to- Strike down either of these powers and the
symmetry and counterbaancng properties of the scheme
are destroyed
is truevery truethat this scheme retards legisla
ton, and may for time prevent the passage of whole
some laws But he is but slightly read in the history of
the constitution in its process of formation who does
not know that the convention dreaded hasty lepis]a
ton and too much legislation as the evils most likely
to aifct the country, voumnous legislation depelops
government but congresses the individual II is the
curse of the citizen and ultimately of the State The
true policy OF legislation is TO leave the individual as
niue uammelled by laws is compatible with the safety
OF others and to crcumscrbe within the narowest posi-
BILE limits the operation Of government The DELAY for
indefinite posponement II the proposed law be good
one the settled will of the people ultimately prevail
and IT will be passed This fathers knew and there
fore studied how they might nerpose mpedments TO the
passage of laws The delay of four years was delay too
minute to occasion apprehension In the lifetime Of man
II Is large segment; but in the lifetime of nation il is
mere dot And they legislatng for county they
hoped would endure for ages and for ephemeron
whose existence an hour is lifetime
In nay apprehension these were the sentiments that In
sprcd the fathers of the constitution and take quite
an easy task TO prove beyond reasonable doubt that the
design OF the convention to require President TO
approve bills presented to him only in the sense that the
Senate or House to bills that had passed the
other in one word that the President approve and
sdnction-,hat his will into and form part OIL
every JW that posses into a law
There questions arising under the constitution