Review of the Veto Message of President Pierce of February 17, 1855
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| Partner: | buecher.de |
| Hersteller: | Forgotten Books (Causten, James H.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Review of the Veto Message of President Pierce of February 17, 1855: On the Bill Relating to French Spoliations The veto message of President Pierce on the bill "To provide for the ascertainment and satisfaction of claims of American citizens, for spoliations committed by the French prior to the 31 st of July, 1801," challenged a prompt exposition of such of its objectionable features as were deemed injurious to the prerogatives and rights of Congress, and to the rights of the claimants, for whose relief Congress had voted the bill. For that purpose the Hon. John M. Clayton, of the United States Senate, who had elaborately examined the subject in all its ramifications, and uniformly advocated the cause of the claimants for more than a quarter of a century, considered it incumbent on himself to make such exposition before the Senate; and for that purpose caused to be prepared the documents hereto subjoined, marked A, B, C,(see appendix,) to which he would refer in his contemplated speech, and would also, by motion, cause said documents to be printed for the use of the Senate. Unfortunately for the claimants, the pressure of other business, thence to the close of the session, occupying all the time of Congress, prevented his carrying that intention into effect; and I am authorized to say that to that cause alone should the omission be ascribed, and that it has caused him unfeigned regret. It seems, therefore, to devolve on the undersigned, as the protector of the claim ants, to point out some of the prominent errors into which the President has fallen, or rather his advisers have led him, which may hereafter be more judiciously dis closed, and in a tone of reasoning more forcible and impressive, by the enlightened and estimable Senator before mentioned. The writer will claim no further merit than fidelity to the truth, having no pretensions to display, no unkind feelings to indulge, nor favor or affection to court or fear; and though conscious that a weak blow recoils, while a strong one penetrates, the respectful caution due to the executive office, and to the incumbent charged with it, will be carefully observed. While the veto message expressly admits that there is no constitutional question involved in this case, it contends that the Executive has, of right, the power to veto any private bill submitted to him by Congress. If the exercise of such arbitrary power be tolerated by Congress, their constitutional prerogative and duty "to pay the debts" of the nation, are at once annihilated. How the early high authorities of our country regarded this matter will be seen on reference to the proceedings in 1791 on the bill to incorporate a Bank of the United States, which was approved by President Washington on the 25th February, of that year. The President and his Cabinet entertained doubt of the constitutionality of the measure; whereupon Mr. Jefferson prepared an official opinion, which appears to have led to the approval of the bill. The opinion concludes thus: "The negative of the President is the shield provided by the constitution to protect against the invasion of the legislature: 1st, the rights of the Executive; 2d, of the judiciary; 3d, of the States and State legislatures. The present is the case of a right remaining exclusively with the States, and is, consequently, one of those intended by the constitution to be placed under his protection. It must be added, however, that unless the President´s mind, on a view of everything which is urged for and against this bill, is tolerably clear that it is unauthorized by the constitution, if the pro and the con hang so even as to balance his judgment, a just respect for the wisdom of the legislature would naturally decide the balance in favor of their opinion. It is chiefly for cases where they are clearly misled by error, ambition, or interest
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