Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-01-19
AN UNCONSTITUTIONAL THEORY.

Tt is reported that President Harrison is
beginning to find a way by which he can
escape the necessity apparently arising
from his former declarations, vetoing the
silver bill if it shall reach him. At least
that is the natural conclusion from some
remarks which the President is reported
to have made to correspondent of the New
York Tribune, to the effect that he does not
see chow the President has any right to set
up his judgment against the manifest will
Of Congress, when that will has been ex-
pressed in a thoroughly deliberative man
ner"
Without any reference to the rights and
wrongs of silver coinage, or the political
necessities Of a President who cherishes the
dream of a denomination, it is necessary to
say that this theory of the President, which
has been expressed in something the same
form before by Governor Beaver, is au ev:-
dent effort to dodge the duties of the Office
II the President does not see how be can do
it. it is only because he does not consult
certain document called this Constitution of
the United States for the information. If
he did he would find in that instrument
provision that after Congress has passed
legislation in a manner which the
Constitution requires to be delib-
erative, it must be presented to the
President. If he approves of the Iegisla-
tion he must sign it; if he does not approve
of it he must return it to Congress, giving
his reasons for disapproval- Here we have
a nj fat of mi hoxr
can set up his judgment against the manifest
will of Congress, but how he must do So 1t
is true that the Constitution does leave a
loophole bY which the President can permit
legislation of which he does not entirely ap-
prove, but which he does not consider i'm
portant enough to call for a veto, to become
law without his signature, but that is an
immense distance off from the theory that
the President cannot set up his own judg-
ment against the will of Congress
The principle attributed to the President
amounts to repudiation Of the veto power
without taking the trouble to amend the
Constitution which enacts that power. A
very pertinent illustration of what it means
is suggested by the New York World. Sup
pose that some fortuity should make the
next Congress Democratic in both branches
instead Of in one, and that body should,
with due deliberation, repeal the tariff
act Would the President sign the re-
pealing act? He must do so, if be be-
lieves the milk and water theory that
the President is not to have any such
judgment of his own as the Constitution
calls upon him to exercise. Moreover, there
is hardly any more reason in the Presidents
previous record why he should refuse to
sign free trade bill than why he should
veto free silver bill. But he would not do
so, because he does not believe the principle
credited to him; and because any avowal of
1t is shallow excuse for lodging in the in
terest of putative Presidential candidacy,
Perhaps, however, the President will point
TO the form of his remark as furnishing
loophole that permits free exercise of his
Presidential functions. He makes it a neces-
sity that the will of Congress shall be sex
pressed in thoroughly deliberative man
ner." As Speaker Reed has already called
attention, in an expressive and devout man
ner, to the fact that the House has ceased to
be deliberative body, the President may
have taken this means to declare that he
still considers himself at liberty to use his
veto power as is required by the Constitu-
ton