The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1871-05-27


Whether the last clause of the 10th sector
OF the 9TH article OF the constitution is to b,
construed as If the words last quoted frem tn,
constitution OF Indiana were actually employ
ed, or whether the executive disapproyal i
to have the effect to defeat bills that have
passed both houses, as is the consequence ir
like cases under the constitutions of most o.
the New England States, New York, New Jer
sey and other states, is so uncertain. that
have thought it proper to call the special at
tehtion OF the general assembly to the matter,
as one deserving serious consideration.
The distribution of the powers of the gov.
eminent into three separate departments, is
one OF the most valuable principles ofpolitical
science, and its careful maintenance is SO es-
sential to the preservation of liberty and COED
government that the incumbents of each de.
partment can in no way better win a claim to
public confidence and respect than by careful
ly disclaiming the right to exercise anv DOW.
er that belongs to either of the other depart.
ments, and by firmly maintaining all that be-
long to their own.
Under the constitution, all bills that have
passed both houses are to be LAID before the
governor for his consideration, and if he ap-
proves the same, he is required to affix his sig.
nature thereto; and if he does not approve,
he is forbidden to sign, and must return such
bills as directed by the constitution, and must
state his objections to the same.
The governor cannot, upon any ground. re-
fuse to sign any bill, if in his Judgment and
conscience he approves it; and he cannot,
without betrayal of his duty, sign any nlea-
sure unless he approves it.
HIS duty, In this respect, is as solemn as any
~ 4 raj eI 10 r.
not, without crime, yield to the influences of
fear or favor. nor to any apprehension of evil
or expectation of benefit ; and he is bound at
the same time to do more than fully concede
to the general assembly the right to consider
his opinions, when they are adverse to any bill
that has received the assent of both houses.
for he is bound to assert, even as against him.
self, the just powers Of the general assembly
to the extent that they are created and defin-
cd by the constitution. Influenced by this con-
viction, may be permitted to express nv re-
greet that the language selected by the franz
ers OF the constitution, under consideration,
is - vague and uncertain. II, as is argued
with much show of reason, it was their inten-
ton that the return Of a bill by the governor
to the office of the secretary Of state with his
objections. should absolutely defeat the mea-
binary power, and the general assembly should
exercise viglant care for the rights OF the
people by continuing in session until all bills
passed by both house. have either been dispo-
sed efby the governor or returned to the pro-
per house with his objections
In conclusion, think it will not be impro-
per for me to express the hope that the gene.
raj assembly will be able to concur with me
in the estimate ! have formed of the import
ancc of the occasion that has Influenced me to
convene it into session, and that they will &C
cept my earnest assurance Of my desire to CO
operate with the representatives of the people
to advance the common welfare, and to pre-
mote peace and harmony in all parts of our
widely extended and prosperous state.
JOHN NJ PALMER