The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-05-08

pPAi"1o. pau III ue army, and the present
extra session of the Forty-sixth Congress- be-
came necessary to carry on the Government
Ihe ground upon which the action of the
Eouse of Representatives is defended has been
distinctly stated by many of its advocates.
week before the close of the last session of
congress the doctrine in question was stated by
one of its ablest defenders, as follows: ait ia
our duty to repeal these; it is not worth while
70 attempt to repeal except upon an appro-,
prlatlon bill The Republican Senate would
not agree to, nor the Republican President
| sign, the bill for such repeal Whatever OBJ
lec1lon to legislation upon appropriation bills
may De made In an ordinary, case does not ap-
ply where free elections and the liberty of Cit
Zens are concerned. We have power to vote
the money. Let US annex conditions to it
ana insist upon a redress of the grievance.
Inc Senate represents States we represent
the tax payers of the republic We, therefore,
by the very terms of the constitution, are
charged with the duty of originating the bills
whlch grant the money of the people. we
claim the right which the House of Commons
III England established after two centuries of
contest, to say that we will not grant the money
| OF the people unless there is redress of griev-
i ances."
by another distinguished member OF the
House it was said: "The right of the represent
auves OF the people to withhold supplies is as
| old as English liberty History records nulner-
|
the people were oppressed by law that the
| LORDS would not consent to repeal by the ordin-
| airy methods of legislation, obtained redress at
last py refusing appropriations unless accom-
| panied by relief measures"
1hat question of gravest magnitude and new
in this country, was raised by this course of
proceeding, and was fully recognized also by
It's defenders In the Senate. 1t was said by
distinguished Senator: Perhaps no greater
question, In the form in which we are brought
10 consider 1t, was ever considered by an Amer
lean Congress, in time of peace, for it involves
not only the merits and dement's of laws which
| the House bill proposes to repeal but involves
the rights the privileges, the powers, the duties,
| of the two branches of Congress and of the
President of the United States"
| Upon the assembling of this Congress.
IN pursuance of the call for an extra session,
which was made necessary by the fail
ure of the Forty-fifth Congress to make
the needful appropriations for the sup
| port of the Government, the question was pre-
sented whether the attempt made in the last
| Congress to engraft, by construction, a new
principle upon the constitution should be per-
sisted in or not This Congress has ample oppor-
tunlty and time to pass the appropriation bills
and also to enact any political measures which
may be determined upon in separate bills and
| by the usual and orderly methods of procedure.
But the majority of both houses have deemed
1t wise to adhere to the principle asserted
and maintained in the last Congress- bv
the majority of the House of Repre-
sentatives. That principle is that the House of
Representatives has the sole right to originate
bills for the raising of revenue, and, therefore
has the right to withhold the appropriations
upon which the existence of the Government
may depend, unless the Senate and Presid- ut
shall give their assent to any legislation which
| the House may see fit to attach to appropriation
bills. To establish this principle is to make
radical, dangerous and unconstitutional change
/ IN the character of our institutions.
| The various departments of the Government
and army and navy are esta blished by the con
stituton, or by laws passed in pursuance
| thereof Their duties are clearly defined. and
their support is carefully provided for by law.
The money required for this purpose has
been collected from the people and is now in
| the treasury, ready to be paid outa the appro-
| priation bills are passed Whether the appro-
priations are made not, the collection of
taxes will go on. The public money will &C
cumulate in the treasury 1t was not the in
| tentlOn OF the trainers of the constitution that
any single branch of the Government should
have power to dictate the conditions upon
which this treasure should be applied to the
purposes for which it was collected. Any such
intention, if it had been entertained, would have
been plainly expressed in the constitution.
That majority of the Senate now concurs
the situation, but does not alter the question at
issue. The new doctrine, if maintained, will re-
suit IN a consolidation of unchecked and des-
potic power in the House of Representatives A
bare majority of the House will become the
Government. The Executive will no longer be
what the trainers of the constitution intended
an equal and independent branch of the Gov
eminent tits clearly the constitutional duty of
the President to exercise his discretion and
judgment upon all bills presented to him, with
out constraint or redress from any other branch
of the Government.
To say that majority of either or both
houses of Congress may insist on the approval
of bill, under the penalty of stopping all of
the operations of the Government, for want of
the necessary supplies, is to deny to the Execu-
tive that share of the legislative power which is
plainly conferred by the second section of the
seventh article of the constitution 1t strikes
from the constitution the qualified negative OF
the President. 1t is said that this should be
done because it is the peculiar function of the
House of Representatives to represent the will
of the people; but no single branch or depart
ment of the Government has exclusive authority
to speak for the American people. The most
authentic and solemn expression of their will is
contained in the constitution of the United
States
By that constitution they have ordained and
established a Government whose powers are
distributed among coordinate branches, which,
as far as possible, consistently with a harmo-
NOUS cooperation, are absolutely independent
of each other. The people of the country are
unwilling to sec the supremacy of the constitu-
ton replaced by the omnipotence of any de-
partment of the Government
The enactment of this bill into law will es-
tablish precedent which will tend to destroy
the equal independence of the several branches
of the Government Its principle places
not merely the Senate and Executive, but the
judiciary also, under the coerciye dictation Of
the House.
The House alone will be the judge of what con-
stitutes grievance, and also of the means and
measure of redress. An act of Congress to
protect elections is now the grievance COM
planned Of but the House may, on the same
principle, determine that any other act of Con-
gress-a treaty made by the President, with the
advice and consent of the Senate-a nomina-
ton or appointment to office, or decision or
opinion of the Supreme Courts grievance,
and that measure of redress is to withhold
appropriations required for the support of the
offending branch of the Government.
Believing that this bill is dangerous viola
ton of the spirit and meaning of the constitu-
ton, am compelled to return it to the house
in which it originated without my approval
The qualified negative with which the constitu-