Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, July 12, 1842, Image 2
S14 ^
la^ed upon th?? ?**r.le in ?mnd !
f:p up eleven or twtff e hundred poun Is. | g;
Yet that such is tho fact, ( hare in many
instances experienced, under care III If
watching, during the last 12 years- 'n j
this country, too, all rcminscen^** 1?
the same effect. I myseff engaged!
in breeding, and alth<>?*f^ I keep stallions v
of other descripi'?** to satisfy somo of j .
mv custom*"* * Expect success in the pro. I w
ductioo su!,erior animals, from the ' f
m*?*?f>rnent J have mentioned alone. j ^
I w ill relate one instance, as it occur- I (Jf
red. which is well impressed upon my j l(
memory, for if served to set mo earnestly j a{
? thinking on the subject. A dozen years j ^
wtnee, when I first entered practically jt]
upon agricultural emplovmenf, a gentle- !
man of the first standing in my neighbor- ' ai
h?Kxl, had a rough-built, aged, white, or a
grey horse, some 16 I-2 hands high, which 1 (
was known for one of the best of horses I ?
I c
for ail work. A part of tnv farm Iving {
along the road is of a dry sandy loam. c
which grows the sweetest of feed ; and
when after* hard dav'.s work the horse f
-w<* turned out on the common in front j ^
of his owner's house, ho was apt to take a i j|
inile walk for the *ake of th?? better foed a
of my fields. One day a boy came to take g
him away just as I was mounting to rido , ^
towards his owner's, on a fast walking j
pony. As we rode along together, I : Q
found that my nag was of no account, i ^
even at his best gait, bolide the old horse; >
and I could not help noticing when the J .,
huge animal struck in'o a canter, with ^
w hat perfect fcaso tho hoy was carried. rt
Owing to the r* markahle merits of this ,
horse. I inquired of his owner as to how he j ^
was produced. His answer was that he v
owned the dam, and tho horse was fouled n
Air. hut he know nothing of the sire. j,
One day when the old fellow had br< k. j e
en into my field, and was quietly grazing ; t
wifh.n "ight of the road, a poor old man, ,
who I.veil at some OHiance, raino irampmg
up the road, evidently fatigued by ;
walking. He cn*t a queer glance at the
tmr*e. and turning to ;ne said, * It I had'nt
been a fool, I might have owned that hors^,
and rdden about like a 'gentleman, in- i
stead ofgoinuon foot in my old age.'*?
* Howao, iUr. Boynton ?" said I?44 Why i
I owned the mare which brought him, and .
??vapped her otf. thinking she was nor I
ivith foal."?I then made such particular j
empties, ns led the old gentleman to
give me n full and perfectly satisfactory !
account of the horse's origin. He was j
out of a mare, tinder 15 hands high, hrnad
in the chest, and well spread or roomy; :
whi'e her limb joints were so weak that ;
her hind-logs at the fetlock sunk to the
I
ground, and were consequently worn to
soreness. The old man's account of the j
sire wn* this: he felt himself too poor to
pay for the service of a stallion, and be- J
sides his mare was so inferior in his J
own view thai he was lea* desirous on thai i
. account; he therefore asked of a neighbor, |
whb had a grey Canadian runt, entire, |j
worth some 30 or 40 dollars, the privilege I ,
of turning his mare into the field with ) (
him. This was readily granted, and the
knowledge of the inferiority of the horse I ,
and the mare, togethor with the flight;
show of her being with foal, probably ^v. (
ing to the small size of th* r^tus, caused |
the mare to b* disposed of at the first op- j
pnrtupiiy. The progeny in his prime
was worth twice as much as both the sire |
and dam in their?.
The above i* *,"> uncommon insfmee of!
hft result of such breeding. I have dug
opt the origin of a majority of the re snarkably
good horses wiihin my know!edge,
and in all but a very few instance?
have traced their pedigree to a cross w ith j
the Norman; moreover, generally speak- j
ing, where there has not been such a cross '
of the Norman breed, a violent cross of j
tome kind has usually been acknowledged, i
Let me trespass upon your patience to .
relate another instance, where the dam
was a Canadian; yet from the small size ;
of the sire, which was partly of the Mor- j (
gnn breed, the cross was not outrageous, i
as it usually is when a breeder, having a . (
small mare, determines, against ail reason. J to
have a large offspring by putting her to
an overgrown staliion. j.
A poorIiishman living in my neigh
btirhood, eight or nine years, ago, had one ;,
of the mo?t wretched Canadian marcs, j,
about 13 hands 3 inches high, slab sided, j
straight.shouldered, leggy, steep-rumped. | j
and with a corresponding slope down-j
wards from where withers should have'j
been, to her lop ear?; lazy, awkward, and j ..
useless but to draw with oxen. She' (
could never have been worth more than j |
$'25. This creature was put to a broad I
lump of a horso perhaps 141-2 hands':
hieh. with strength and snirit. but a\i k- 1.
"" ^ j >
ward enough to overreach in his trot.! j
When I knew of their being bred togeth
r, I made up mv mind, if there should I
he any merit in the foal, to attribute it to .
the cross. as there was little to bo depriv. |
ed from either sire or dam. My neighbor \
removed to a distance, and I saw no more , ^
of him, until two years ago, when ha a-; j(
ro&tod me, wishing to sell a fine young j {
horse for $100. I declined purchasing, j;
r.nd did not see his horse until the follow.; j
ing winter, when hay being very scarce, L
he left him with me for several weeks, j ^
with the privilege of using him. A better ; j
nnimnl I never knew; a moro perfect I t
work horse could not he; and a nag to '
trot or travel with him I never found, J j
when I had hit>i on the rond. i his was |
the foal from his miserable mare ; ami ^
thniigh hut 14 hands 3 inches high, he
would have been cheap at almost any H
.price, had he not been injured by hard ! f
work when only three years old. |
From that time I determined to delay ! {
no n^orc for investigation, hut adopt in ! v
breeding, the system which had always!
hewn 9uch favorable results. Still a J (|
month does not p<iss without mv hearing j ^
of some fresh instance of the remarkable f ^
ueress of crossing the common Ameri- !,]
con marc w^th the Canadian stallion. }n
n. ^
Mr. p*?stovs spr:r:cri.
PF.p.Mf or TIIK HON. \V. C. PRESTON, P
ot SOUTH CAROLINA, ON Tnn VETO n
P0WE3. AND IN REPLY TO MR. CLAY OT *'
KENTUCKY, delivered in the Senate of n
United States. April 184'?. P
Mr.Preston said: If T consulted my own f
mitv, Mr. President,*! would think from
acin* myself thus in immediate contrast ?
- u .v... Huhn(Tui?h,.rt friend from Ken. i ^
till HIT
ckv, and shrink from the cold regard of *
ose whose eves aro idly bent upon any e
le who succeeds him. This sclf-noglect *
iwevcr, will show how deep nndearnes- ^
e the convictions which nuke me dis- a
>nt, not onlv from the general conclns- ^
ns, but from most of the particular views, r
hich have been urged upon us, and 1
gainst which 1 seize even so unfavorable I
n occasion to enter my protest. I shall (
o so earnestly, but briefly. With bis ac-1 *
ustomed frankness, mv hnnorablo friend *
laced his proposition, to limit the Exeutive
veto, before the people in the late (
residential contest, and pledged himsolf
j move upon it in the way which ho has '
his dav redeemed. The subject was '
hcrefore fully presented for discussion; '
nd after the maturest deliberation I could
IvMtoit. not without a strong bias from I
he high authority of mv honorable friend,
was compelled to differ with him, and
in all fit occasions, before the public ex>rc*s??d
that difference with entire candor.
one is more sensible than I am of tho
ast augmentation of Executive power
luring the last ten or twelve years, or has
The course ot our long contest agnmsr :
Rxecutivo power has tended ?o strengthen
this feeling in the legislative* department;
and in the moment of victory, we
predisposed to overrun a territory upon j
ivhich we have no claim?to substitute j
nvasion for resistance, and convert de-1
"ence into conquest. J
For many years past, this Government,
his whole General Government, has asrumed
powers and exercised jurisdiction
rver many matters which were never inended
to be subjected to its action. Like
ill power, wherever lodged, it enhances
tself. ft is of its essential naturo to do
so; for, if power be ill virtuous hands, it
s extended to do good; if in corrupt, it is
intended for tho purpose of ambition and
ivaricc. u Ampliare jurisdictionern" is
he gravitating principle or all organized
rower. I do not allude to this active
inncinlfi i?P riiir firnpra I rinv'nmmpnt. ns '
exemplified in its whole history, for any (
ither purpose but its direct application to j
he present proposition. All will see and |
ulniit that, as you increase the power of" j
his Government as a whole, you neces-j
tarily increase that of the Executive as a |
>art; and it is clear, that tho vast accumu- !
ntion in the Executive has been derived j
rom tho pouring into it of streams whose !
mnrces are found in the Capitol. An
nstance or two will illustrate this suffi. j
ientlv for my present purpose. The i
general Government assumed the power I
if internal improvements, which of course ,
ent the Kxecutive ngonts to dispense
avoraand expend money in every portion
>f the conntrv; and, besides the influence
bus acquired, in progress of time, the
yhole system, by an obvious process, con.
ontrated itself in the hands of the Pres'lent,
and became an engine of.most dan. 1
;eroiis efficacy. This policy j#, happily 1
i?r the country, broken dptvp and ahan* 1
oned to such an extent that its parents '
f 1?19 now reject their progeny with j1
terror. *1
ct himself in more constant opposition to J
t. It whs a vivid perception and patrioic
apprehension of this increasing power,
vith the firmness to oppose and the couripe
to make war upon it, that pave birth
o the Whip party, and has kept ittogeth>r,
in spite of inany minor differences, unit
our common efforts resulted in the late |
nost signal victory. I have not changed j
ny opinion, that the Kxecutivo power has j
ncrensed and ought tc ho diminished, nor:
ibated a whit in my purpose to devote j
nv hest efforts to this object. I do not, j
lowever, concur with my honorable friend j
n attributing this increase of Executive j
vover to any undue prerogative conferred :
ipon the President by the Constitution,!
*ut to unconstitutional or evfra const?111 -1
ional usurpations. VVuhin the respective
imits, assigned bv the Constitution, to !
*ach oftho departments, their action will)
38 safo for the country: hut if either trnn- |
icend those limits, and usurp powcis not
ippropriated to it, the danger at once becomes
threatening, no matter what derartment
bo guilty of the usurpation.
f\nd I do not hesitate to announce it as
ny delibciate judgment, formed by an at.
entivo observation of our history, that the
irs?t and greatest danger results from the
isurpation of power by Congress itself.
Such usurpation is more insidious and less
inspected in large and popular bodies?it
las more influences to disguise and protect
itself?it has more soothing appliances
for the consciences of the agents, to so.
dure them to assume doubtful powers.
The argument of my honorable friend is,
that the Executive veto injuriously cir".'.mscribt'ii
the power of Congress Ho
does not appear to mo to have it sufficiency
present to his mind that, from thena
hire of our institutions, the sphere of Congress
itself is, and ought to b?? an ev
tremeiy circumscribed one; that our truss
and duties are rigorously defined and
cicaily designated; and are, in 6hort, but
exceptions from tho great residuary mass
of power reserved by tire States, who err.
ateJ us, and upon whom we have a perpot- |
ual tendency to trench. With a natural j
feeling of self complacency we are apt to j
imagine that every thing is safe in our J
own handr, and everv thing unsafe which ;
:s not in thorn: each department is inclined
to be confident in itselfand distrust-]
ful of others; while the Constitution con- i
fides in all, but distrusts each. Tho tivoj
Houses especially are prone to think them- j
selves peculiarly near tho source of power, j
and to regard all interference as unnecessary,
and every cheek as impertinent.
-?1? ?.. 1 , . .. s*runiw n.nwawaww
Of a similar character was the high hy
rotectivo policy, uhich eventually fer- lip
linatod, also, in the hands of the Exceu- sj
ive, by giving him control ovor that so
lost important, nnd, as experience has to
roved, most dangcrofls subject, A prime cy
ource, therefore, of Executive influence pe
* found in the assumption by Congress tn
f doubtful powers. I will not assert that Pi
he extra-constitutional assumptions by se
he two departments have accompanied on
ach other in a direct ratio, but I do affirm ci
hat they have, and must necessarily cr
ear, a certain proportion to each other; pr
ind if the Constitution be practically a- iti
irogated, and Congress reduco this fed- st
jrative Government to a consolidation, ar
he Executive will be the paramount de- at
mrtment; and as this progress towards d<
;onsolidati?n is made, the controlling in- ta
juencc of the Executive will ho perceiv* d<
;d. The prcsont proposition contempt*. b?
:es tho liberation of Congress from the th
:heck of the Executive veto, but I am un. p?
willing to sec any restraint upon its mani* V
Test tendency to assume undelegated pnw. c.<
;rs withdrawn; for, while I dread the Ex- h
ecutivc, I have not less serious apprehen* vi
iions of Congress. If we exceed our a
powers, tho veto may bo of service; if we o
confine ourselves with them, it is harm* ?
less. o'
Tho organic law. as it came to us from i 'I
i n
our ancestors, has not conferred a more I
dangerous power on one department than i tl
on another of this Government. They a
were iealous of nil, hut more especially c
and conspicuously so of the Executive; 11
and hence they circumscribed and fenced n
him round with restrictions, and caution *. I<
ly allowed him only what could not be ti
withheld.
The prophetic dread of Mr. Henry t
was the 11 union of the purse and sword" "
in tho hands of this whole Government, t
The Constitution docs not give them to (
tho President, or endow him with any d
prerogative by which he may assume n
them. He may usurp them. Ho may d
trample on the Constitution, or overleap s
it, to seize upon them, hut he does so not v
by virtue, but in spite of tho instrument; t
and if vou have a daring and reckless d
* n
Preside it, barked by a supple Congress, a *
bit of paper, more or l<*ss, will not stand c
in his way. It is not ho, hut his majori- {i
ties, that constitute the danger, or rather c
his power to make majorities; and, when i1
it comes to this, the only safety is where t
we have just now found it?in the appeal d
which the Constitution gives us every s
foitr years to the ^ peop'o. If that i
fail, vain arc amendments to the Consti. t
tution?the very foundation of your insti- f
tutions is rottenness. t
Mr. President, I am sure the candor of 1
tho Senate; and I hope even the amnrt. t
ness of debato, will not suspect inc of de- "
- ....... r . i
tending or vindicating tno rnsn ami usurp- ; ?
ing course of .any Executive which has 1
heretofore trnmjried upon the powers of
Congress, and endangered onr institutions *
I am defending the Constitution, f am I
vindicating that great monument of wis- r
dom and patriotism from objections which ^
lie, not against it, but against its abusn >
and violation?not against thn text of (
the holy writing, but against the inter- f
pointed glosses an 1 perversions. I con- f
fess, sir, that I do entertain and cultivate
a very profound reverence for this instrument.
It wan ih s production of a re
markable race of men?cool, virtuous,
self-sncrifi-ing, and heroicnl. At the
foundation of their character wnro those (
deop and solid sentiments in which wise (
thoughts and acts find tiieir remote sources I '
?
and slowly well forth, purified nnd cool, j j
to gladden and fructifv thn world. Our 1 <
j
generation mav perhaps bo as intellectual,, l
or even of more aetivo and searching I f
habits of thought ; but we are l<**s school, j (
ed by great events?less disciplined bv J j
habitual converse with thoso grave and j ,
el vated principles whi h walke I with i
them through the Revolution, up to its
great consummation, in the instrument L
we are now called upon to change. I j
am inclined to look elsewhere and beyond ;
the Constitution for the evils we feel, and
which have been so glowingly depicted; 5
nor do I believe there is much difficulty in *
** * - - r 1 j? r
tinning Ineir irue origin, i novo airniny *
indicated one source, and, in my judg.
mont, a very abundant one, viz: the fegw- t
lativc assumption of unauthorized power, c
Another abundant source of Executive power
is to be found in the increased ex- 1
penditures of this Government, and in the (
mu'tiplicutiori of ofB :c?; another in the j
construction power of unrestrained dis- j p
missal from office ; another in the law i ^
providing a four years' tenure of very | ^
many of the offices, which enables the
Executive to dismiss an officer without \
the responsibility of an open exercise of *
his power, and make* bitn every day the 1
object of tho wishes, hopes, and fears of a
the incumbent. Another, and perhaps ?*
!he greatest, cause of tho augmentation of ?
Executive power is to bo found in the c
personal character of a Into President, *
> -i . ... _i*.i ... i _
CGUpleci wnrt mat ??i ino p in y vrnu;ii W5. c
tained him, whose levelling and disorgan- c
ing principles always tend to absolutism v
in the hands of the favorite of the mordent. n
And this observation. Mr. President, p
the truth of which will be admited by my ((
honorable frienrl from Kentucky, appears ^
to me entirely subversive of that point in '
his argument which lie mainly rests upon, '
and has so mu'*h amplified and illustrated.
Ho urges that the veto power of the Pres. a
ident with the democratic spirit of our ill* c
stitutions, subversive of the fundamental '
maxim that the majority should govern, <*1
and an obstruction of the free sway of the I1
will of the people. Of all this wc arc sup j<
r?Aon/l K.? tl<n i . _ I ,i._ J *
jiu-.WU ??, cop Higuiiiuiil i" "tj mc urpiwi- n
tqry or the exponent*. Not so, Mr. Pres. u
idont. The reverse is tni?. My deepest
apprehensions of an Executive influence '[
absorbing nil power, and destroying this j
Ctovernment, have resulted from the jf
leaching of experience, that the Execu- ^
live, of all the departments of (Jovernment, .
is the must democratic, most uctcd upon c
' popular influences, and most reacting i
on populur masses. The position as. <
mod is, that the Constitution should be i
amended as to wive additional energy |
tho popular will, and additional etlica- ,
r to the decisions of a majority of the
ople. If this ho what is desired, the
ue plan is to increase the power of the ;
* * ' L-: 41? Airnnt rpnrfi. '
esideni, ne oem?* mu v...,.? . _r._
ntafive, in the practical operations of J
ir Government, of the democratic prin- j
plo. In the memorable instance ot Gen-!
tl Jackson, whose prosent dominant J
>wer so long subjugated, us, where was;
* source? whence was he armed with 1
rength to make his will the law? With ,
? array of talent and energy in this Sen- I
e, surpassed at no former period, with a ,
?cided majority in the opposition, con j
.iningin its ranks as much industry, ar- j
>r, experience, and eloquence as has ever j
?en brought against n Chief iVfagistrate, j
le President was arraigned before the ,
ople, and subjected to thoir verdict. !
(That was it? His acquittal, nnd your j
andemnation. Whenever you threw |
im upon the masses, ho came back rein, j
igorated from the maternal embrace, j
nd armed, not with the wego/trc powers j
fthe Constitution, hut with the burning j
f popular passion, to override all thn|
hecks nnd haiauces of the Constitution.!
'he danger, therefore, is not that the j
resident may check the popular will, on i
io assumption of which the Senator's i
rgument proceeds, bnt rather that it may
onfer upon him an undue and disorganiz-1
ig energy. This, it may he said, is an'
rgument for limiting his power, hut, at j
>ast, it is not the argument |of the dis- j
inguished Senator, and reverses it. While I
am clear that the greatest portion of!
hat power which results from representng
the popular will, on very exciting
opics, independent of and beyond the
'(institution, is in the President, still, ii
loes not follow that the checks and bnl-j
nee* of the Constitution are not wisely '
* 1
levised. Indeed, the wisdom of that in- !
trument is most conspicuous in this; and, !
rhen tho honorable Senator complains
hat the veto power puts a check upon the j
lecision of majorities and the prompt exicution
of the public will, he complains !
>f what I consider the chief beauty and
[lory of our Government?those curious,
omplex, and multifarious contrivances J
nserted into "every portion of the Consfi- i
uiion, wltich, like antagonist muscles,
[isposod throughout the animal economy,
erve, by their continual play, to keep all
n position. If it be true, as I have *taed,
that'he popular principle is most en rgeticallv
represented by tho President,
hen tho argument of my friend fails, and
ho Senate is the check upon its overacion
in his hand?if however, tec rcprcmnt
it most strongly, tbon the veto of the
President is a chock upon its ovoraction
n our hands.
I utterly reject the dreadful doctrine of
he unchecked government of majorities.
[ dissent from the proposition that this,
>r any other Government is intended to
issert the will of majorities, in all cases,
vhonercr or however ascertained?a
' L ? #!% rn mi Inr
locinno 11101111*1211011 ??im If); ?"*"
jrnment, subversive of social order, and
opngnant to any settled notions of morally
or fixed principles of right. Morality
ind prc-oxistent and permanent?the
r'ory antagonists of will and passion ; and
forms of government arc instituted t?
control, hy organized power, the wild and
langcrous force, not only of individuals,
nit of masses. As laws are enacted to
irotect the weak against the strong, so
constitutions are made to protect minori:ies
against majorities, and to preserve
the fixed and far-sighted purposes of the
cominunity against the tumultuous and
luctuating domination of its own pasijons,
caprices, or impulses. This is true
>f all Governments, hut most especially
mil emphatically true of this Federal
^"wcrnment. whjjh, neither in its lin o'y
nor in its ordinary action, is, or is inended
to he, controlled by, or to repreicnt,
numerical majorities. It may he
hat tho ultimato sanction and guaranty
>f all government is force, and that a
najority is the depository or exponent of
his force; hut this is no more true of
me form of government than of another
?of an Athenian democracy than of a
Turkish despotism. The difference hcwcen
a good and a bad Government
:onsiHts in the wise and judicious modiication,
control, and direction of this
orce, which is more tyrannical in an tiniridled
majority, acting more from the
inrestr.aincd impulse ofitsown fiery will,
ban in any form of absolutism. The (
wo extremes arc anarchy and despotism;
nd tho latter, by the experience of all ,
ges, has been found most tolerable.
^ational existence and social order are
ompatihlo with the latter; not at all
nth tho former. While, in our Amcri.
an constitutions of government, we re. i
ognise a more expansive energy in the !
nil of a majority, and a less remote and ,
? >"< ' ortain Iriiimnk fr?r it in nuMi. n C I
[|l/t is v?'l ?vi II I HI* j
nirs yet we have most elaborately insti-!
uted a vast variety of means of checking
nd suspending it?of allowing it time
,r cool deliberation?of ascertaining it
y various tests?of letting ofTany undue
ccumulation of steam, retnining only
nough tor the purposes of the engine, i
"he very meaning and intent of a con-!
titution is a restraint upon the majority,
t is the deliberate declaration of the ma-1
xrity itself, that majorities shall not here- j
fter govern, hut in a defined mode, and |
nder specified restrictions. This is the !
rst, the great, and all pervading check,
'he Housn of Representatives, which,;
y the theory of the Constitution, most !
mncdintely of all departments of the)
lovernment, reflects the popular will, isj
flecked, in the first instauce, by its own :
internal regulation*, which frequently J
confer upon a minority an absolute check
upon the majority?as, in all cases where j
two thirds are required to carry a mean- i
nre ; then, the Senate is a check upon
the whole body ; then, the President upon !
ho'h branches; then, the judges upon all :
three; then, the House and the Senate,
hv the power of impeachment, hack ,
again upon the judges: and all, excepti
. 1 I _ .... n t ?..)?/! rvnrin^a n! i n n L: ? 11
m? JUUgca, mi:, ai stniuu
l?y the people in the elections.
In the application of each of these
checks, it may happen that, " the one-man
power," spoken of hy the Senator, may |
he as conspicuously efficacious as he rep- j
resents it to be in the hands of the Presi- !
dent. No safe conclusion can be drawn J
from extreme cases, for they can always
be answered l?v extreme cases. The
Senator from Kentucky says that, by j
possibility, the President's will may con- i
trol that of very many men as wise and j
good as himself. This is also true of a !
u.nrrla mom!><?r of either House, or of the J
Supreme Court. A measure may be
carried unanimously bv the House of I
Representatives?the immediate organ I
of the people?and may fail by a tie in
the Senate, or ntay ohtain, out of 51
Senators, 25 votes, with 23 against it. 1
The majority of one is fatal: that one j
voire is as potential as that of *249 mem- ;
hers. It is a one.man power against the j
whole II uise of Representatives?it is
the voice of one man, not elected l?v the I
people, but by a State Legislature, not i
responsible to his Legislature, perchance,
until six years have elapsed, and that L,4gisluture
(it may he) unanimously against
him at the moment. Most of these conditions
have been, to a great extent, re.
cently fulfilled, in the rejection of the bill
for the repeal of the bankrupt law, hy the
casting vole of the distinguished Senator
j himself.
But vou nnv .suppose a case where a
measure has passed both li aises unani|
mouslv, and l?een approved by the Presi.
| dent, and yet one single member of tin*
Supreme Court may strike it dean upon
your statute hook, and (his intention be
II /I...
j ing Honest j vou, nor any, " '"? ?? j
|> r ments of the Government, nor the
St a tea, nor t ie people, can reach him, or
infuse one ?park of life into the dead law.
Such results must ho possib'c under eve.
i rv system of checks* and balance*. No
! doubt, whan either of the department* is
j checked by another, it fielx and cliafes
| under the restraint, and is naturally disI
posed to mike war again*t the opposing
i department. In general, that feeling is
i cliiefly exhibited by the most popular
| branch. The French Assembly could
) not brook tho restraint of a co-ordinate
j bodv, nor of a strong separate Executive,
I but took all power into its own hands,
I and through blood and hor or terminated
! in the empire. In England, the King
j was Indira led, the House of Lord* voted
!a nuisance, and die long Parliament run
j . "
j into the protectorate. The present urea,
sion is the first tune that a Senate, a
j small and 'powerful body, more remote
! Irorn the People than the President or
I the House?itself a check in every di!
rection?has begun a war iijion cheeks.
41 ' - ? I ? ' " ii )ni>.llur/l
I ??e arc eieneu II?I ?!.% ??-?
' longer thin the term of the President ;
j w? are elected by State Legislatures?
he, hy the people of the States ; we hare
I legislative, executive, and judicial powJ
cr--..he, executive oolv, and a qualified
j veto. The two Senators from New York,
1 representing a imputation of two millions,
i are checked hy the two Senators from
Rhode Island, with a constiineocy of hut
one hundred thousand. If it ho true that
!'we o?i?jht to remove all obstructions to
; ?
; the free course of popular will?if, on
the contrary, it he not the object of your
Government to place checks upon it ?
why this small, irresponsible, powerful
j hod}', thrust into the very centre of the
, machinery, not only checking, in turn,
; the House of Representatives and the
Evecutive, hoth of which are nearer the
I
, people than it is, hut effecting, also, what
j is of more consequence and of more fre(
quent occurrence, a check upon hoth
united ; for, in the history of our Gov.
ernment, it has been found that the
Hoti?e and the President are more fre.
: quently opposed to the Senate tkan the
President and the Senate to the House ?
[ But if you provoke such enquiries and J
! push such principles, whnt is to become
i of that quiet and noiseless body closeted
below there, in your vaults, whose midday
deliberations are co ducted by lamp,
light, and from whoso lips one whisper j
silences the voice of legislation, obliterate* (
the statutes of this and the State Legis.
latures, crumbles into nioms the decisions
of twenty-six judicatures, and calmly
rebukes the tempestuous sea of popular ;
opinion ? If you enter upon this course, j
will \raii aMn fn I?*|It llftforB VOU FCSCh ;
? in JF "u hv !??? j
that shrine ? If you get up this storm,
can you direct it so that it shall not hurst
in this hall, and sweep through the Su- j
preine Court ? Neither the Senate nor ,
the Supreme Court have heretofoie es- J
eaped menace on the same princip'cs on j
which the veto is now attacked; and these, j
in my judgment, are the two institu ions
most valuable in our forinof Government, j
and least able to protect tin mselves, but
by the constitution, f will not quarrel with
any degree of democracy i i the State
Governments, or with any diminution of
restraint nnon the ascendancy of the pop. I
uljir will, in the daily actions of their j
Legislatures. I am content with the f
Constitution of my own State, and have j
no right to c<;nsuro hero tint of others, j
Dut here, as a function.wy of this feJcra
tive Government, and as a Senator from
a small State, 1 do object to any addition*
nl infusion of a sj>irit which would tend
to consolidate our institutions and give a
predominance of numbers over the separate
influence of the States.
How cautiously, and, as we all admit*
how properly, the power of majorities in
Congress is checked by the Constitution, is seen
in the requirements of two.lhirda of this body to
make a treaty; and there, where, if ever, & majority
would bo entitled to a p edomioant eon.
trol?in tha amendment of the fundamental law
it is most checked and circumscribed. To
carry the measure proposed by my distinguished
iriend, twothirda of both branches of Congress
u?v? |^UI?|W| -?nu l/CKIUt-B (nil, HID (.VIIVOI
of three?fourths of tho States, amongst which
Rhode Island is entitled to the same weight with
New \ ork; thus establishing, as a fundamental
principle of Government, that a mere majority
cannot change it, .?d that no change can be
effected hut by tedious, caution*, and c?mplet
proceeding*, 10 overleap which would be revolution.
I will not asvrt the proportion, bnt I will
not deny it, that it would be well to require a
majority of two-thirds for the passage ot every
important law?for every money hill and every
appropriation bill. I do not know that the
country would suffur by it. That law of an
ancient republic which provided that he who
proposed a now law sbou d do so with a rope
about hi* neck, was rot altog-ther without
reason. There is no f :ar that any free Govern?
meat will have ton lew laws? he danger ie en
tiie other side. An over-accelerated action ie
the danger of free institution*; it ia . he character
of the *ge, and tho rice of our legislation.?
Whatever is conservative, therefore, in the Constitution,
should be pre-erved and invigorated.
All that the veto can effect, or any other of the
constitutional checks, u to keep imng* m ?iqi?
quo. It is pure'y conservative. 1 he veto i?
i Ics-i so?is less positive than any of tht other
, chock*, for it is but qualified; while the i h -rka
, of the two Houses upon each other, and ot the
Jud ciary upon both, is absolute and uncontrollable.
The whole House of Representative*,
voting unanimously, cannot reverse a majority
of onr in the .Senate; nor cm both, iinanimoua|
ly agreeing, shake a decision of the Supreme
' Court. Tim veto of the President haa not thie
; efficacy ; and su-ely, if nny measure vital to the
publ c interest, or involving a leading principle
of liberty, be subj<cted to the veto, th re will l??
virtue en -ugh in the two Houses to carry it by
two-'birds. On the other hand, it inav fsirlv l??
|nc.>umt'd that, if a measure be opposed hy nun*
. than one-third ofeacii b audi, and by tlm K*il
cutive, it is not of so obvious and pressing good
j that itsfailurn will seriously atfuct the enntry.
f)f snrh a state of things, at least wo hare im?
{experience; fur no in rusiiro of such a eh ?ract T
| (mfficienlly remote Iro n our present passions
1 uui excitement to bo judged of calmly) has yst
occnred.
Of the late yrfoos !>y the Pre*id'-n\ we sre eM
vet in a mnoil of iniiul sutfici-mly calm to pronounce
the judgment of posl.-rity. It aouldbe
overween ug self, cm fidenee now, in the arm*
! and pl nitudo of our pussien*, to say. that this
rcc-rnt veto, np'n a measure pn.-cl lot by a .
1 majority of two, is of socU a revolting and
i dangerous character n* to warrant us in b aring
the power from the Constitution Even i< this
' .conviction pressed upon us, it would he tb? part
of common pixlncc to distrust ourselves, snd
j postpone so grave .in action tintil there run Id be
j no doubt tha* we were in a fit slate of mimi t*
| examine into and pronounce against the debitor.
I' ate wisdom of imr ancestors. It will not he
regarded as a superetiliou* rcverrm-e if I *v*-w
my determination to rlmnge no part of the
. Constitution, by however pinum ir inmnm
assailed, on Ice* it bo also shown that 'tactual
working ha* b.ien so injurious and ojprr.-sive 11
to <l.-inaii<l amendment. 1 do not consider th*
i Constitution us a xuhjrt for mere speculative
rn.iFO.tiup, It sir ttld not be lightly touch* J, or
I approached in an arrogant spirit of reform; h?X
! having been approVcd r<y the judgment ot onr
i ancestors, and oy two g.-neralioii^ since, 1 nn
plots d to think t at it b'gins to find support
and at eng'h al*< in our pent intents and afftTi-oi*.
If litem were some defects in its finishing. #wn*
omissions in carrying ont its proportions, or
sotnn nigged projection from its rttrfaoe, |
; r> juice to believe they are now or shortly will
i li-t covered ov.tr and bid by all the assoc'a'ions
j of deep love, solemn reverence, and prule and
g'ory, which tiie human luart nourishes for time
J honored institutions. Fait us not disturb the
growth of these as-ochiions, which at ws
j strengthen and adorn the noble fabric, by useless
; ropairs. ormtr the tune with which time begins
to harmonize its aspect, by fantastic patchwork
t of audacious reconstruction,
I put the .pie.-tion, with s certain ilegree of
confidence H.i?thev.Uop?wcr worked a pruefi- al
injury upon our legislation ?l such a magnitude
, as to demand an stn -ndtnent of the ConsC*r 'tion?
ArcwMirgod to the adoiition of the Senate 's
| proposition by an overruling necessity ; by the
1 pressure of great suffering, by any * rteos ami
obvious incc ivniencc in the action ot the (iovi
rmoent ? I have said that I pla-e ont of vi? w
j th" vetoes of (In: pre?*n' P resilient; but, in regard
' to them, I will lake lean: to say that, in each
' instance, tlit-y vrrro applied to measures which
f the change of? single vote in this Senate, wonid
! have prevented fnxn got g to him. Tlte Prrs..
j idont on t hese occasions was equil t ? hot one
vote, and surely, however much I may regret his
r curse, I cannot consider it so flagrsu: an
I instance of tnc tyrannical poww nf the veto n?t??
wish therefore to iMish. I Jo not proprwe to
j oxamins whefliT the vetoes heretofore inter}*",
sed have hemi right or wrong, Hot whether tbri,
practical eff ct has bo?n art deleterious n to
amount 'o a grievance. What injury, then,
practical and permanent, has resulted from
} the exorcise of this power by the President ?
I Who will point it out? The honorable
Senator has not. Who remembers the
number of vetoes, the measures to which thry
were applied, or the* injury which tb?y
have wrought to any man's person, property,
or franchise*, or to the general welfare?
Our Government has now been in
operation a half a century?exposed to
all the trials incident to the working of a
new machine; agitated by violent party
dissensions; subject to the vicissitudes of
prosperity and adversity, of war and
peace; shaken by the alternate triumph
and defeat of opposing parties; administered
by nine Presidents. Amidst all
these chances, and changes, will any gentleman
rise in his plac.eand say that an
impression, deep enough to be remember,
ed a year, has ever been made bv the
veto? Instead of damming up and rolling
* ' i ? :* k*.
back the current or our legislation, u
scarcely rippled its surface. Most of the
Senators who bear me, learned as ther ^
are in our short history, will be surprised
when I tell them, what ( wan surprised In
ascertain in my preparation for this dis.
cussion, that there have been 14 cases of
veto. Who remembers them T Are tho
wounds which they inflicted upon tho
co intry sti I bleeding? Do tho scars re*
? -r .u? ?
m tin? or hav? an 01 iwwu
immediately under our eyes passed sway
and left no trace behind? Doubtless,
some of them, at the time, chafed the
zealous promoters of the measures vetoed,
and excited momentary doubts of tbocorrectneas
of that power under whose operation
they smarted; but thn irritation pas