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

DO soemnly swear tor affrm) that will faithfully
the office Of President of the United States and
will 70 the best OF my ability preserve protect and de-
tend the constitution Of the United States
Here solemn oath OF fealty to the constitution and
like Obligation Is imposed every member Of both houses
o. Congress The President the Senate and the House Of
Representatives are therefore equally bound preserve
protect defend the constitution OF the United States
But uasrnuch differ widely In their inierpreta-
ton Of the Divine will they ia their Interpretation Of
human laws and icreseeng this diversity Of opinion the
wise trainers Of the constitution feeling the necessity an
umpire provided for this probable nay certain contingency
They gave the President the right the passage
Of law which he believed either unconstitutional mex
pedent injurious the public interests and TO the
Supreme Court Of the United States the power
the operation Of unconstitutional law the time
Withholding from it All right to sit ia Judgment its
pedeney thai being andoubed prerogatve Of essla-
ton The President and the Supreme Court of United
States are therefore the great conservaors Of the
tom and Of the two the former Is the important be-
he arrest the passage Of law whereas the lat
ter can only arrest its operation after It's passage and
only when appeal is made 10 authority, The power
OF one Of the other only remedial Hence
an unconstitutional law may continue in operation for
years until occasion arises for appeal to the Supreme
Court for decision Many ofthis kind have occurred
and doubtless win again oecur
The power thus conferred on the President is not how
ever limited by constitutional scruple but extends
to the Of his discretion in all whatsoever lie
has the right and ii Is his duty exercise it according
the dictates Of his conscience and his Judgment The
eeutive power Is not one-nan power 1t has been
called but coordinate branch Of the government and in
Judging Of the consutonaty expediency Of law the
President only exercises the discretion that every in
dviduaI member of Congress exercised in its passage
And why should he not2 The constitution has conferred
on him that power aud though not perhaps chosen by
unanimous vote, he is meeh the representative Of the
whole people of the United States senator is of State
or member Of the other house OF the Inhabitants Of the
district by which he is chosen.
The constitution Inns not in any way confined the Pres-
dent to constitutional scuples in placing his veto law
That this the strongest ground is admitted but that 1t
the only is denied We know that public bodies
are no more inlble than single individuals and dis
respect intended when suggested that in times Of
great public excitement they frequently as liable the
people they represent be led asry by their feelings Be-
ing sufficiently numerous evade personal responsibility
they are less careful than when like the President that
sponsibilty rests on alone Under these and many
other circumstances which il might perhaps be dec
orous TO allude legislative body may pass laws which,
though not absolutely unconstitutional, inexpedent
unjust, oppressive
In exercising the sovereign prerogative of legislation
which has limits but the Divine law and the consu-
ton Of the United States each branch Of the legislature has
an absolute veto the of the other The
may be unanimous, and yet majority of single
voice in the other is fatal to the passage of law The
Of President the contrary is qualified one and may
be rendered null and void by vote of twothrds Of both
houses Of Congress To call IT, has been frequently
done despotic absolute power, is absurd II is
despoc because it bestowed the President by the
constitutions is it absolute for may be controlled by
majority of wohirds of the representatives Of the States
and the people The of the King of England is abso
Lutte cannot be by the unanimous vote
Of Parliament and admits OF appeal either to that body
or to the people since he holds his Office for life and gov
ems by hereditary right The of the President
the contrary virtually appeal to the people, who, If
they seriously dissent from his decision may it at
the end ofhis by choosing who will undo
what he has done That this power has hitherto been ju
diciousy and moderately exercised proved by all past
experience In have the people reversed the dec
ion of the President Congress overrued il by
thirds vote.
1t has been frequently asserted in debate by members
Congress the President has constitutional egsa
powers, the understandable interference with
the legislation Of Congress But these gentlemen should
collect this interference explicitly sanctioned BY
constitution and therefore not unwarrantable " says
that instrument if he approve it. 1.-THE law he shall sign
if not he shall ii with his objections to that
house in which ii shall have originated Thus appears
only that the President left the unrestricted
else of his judgment in approving returning law but
that the obligation do is imperative II he approve
he shall sign it but if not he shah it, In both
cases is less a matter Of discretion than of duty
The President though possessed Of positive legisla
tive powers indispensable party every law Of Con-
gress except when subsequently ratified by twords
of both houses He assist in passing law but
prevent its becoming law. In this way he is very
sentia ingredient in legislation though not actually
legislator No law with the exception just stated pass
without his approval and the power Of approval implies
that of rejection The President does not like Secretary
of State afix his signature witness, but q
party whose is absolutely necessary to give validity
to the instrument lie is clerk of court who
tGes per curia justice notary who yerifes the
deed or the power of attorney in order to establish its
authenticity. lie is of the parties contract which
has binding force without his signature II would seem
however, that than member Of Congress is Of
opinion the President is in duty bound to approve every
law passed by that body without any exercise OF his udg
discretion and neglect do an unwarrant-
able interference With legislation Neither Washington
any Of his successors thought so for ny memory is
fault every Of them exercised the veto power when
be deemed Il necessary or expedent
Without doubt that power of the most important
well sautary conferred by the constitution the
President None but fool nladman, traitor is like
ly abuse il and trust that the people Of the United
States viii be much Of either the other As
to choose Chief Magistrate from either Of those orders
The harmonious cooperation Of Congress is 50 indpen-
sable to the action Of government and to enable the
President carry his system Of policy that il cannot
be nationally presumed be win ever wantonly or uaneces-
sarly provoke issue with that body by rejecting law
without the substantial grounds Of objection either
on the score Of is nnconsiaiioualit injustice or mex