CHAPTER XII.

The veto power exercised by Mr. Polk.-The instructions to Mr. Slidell.The slavery question.-The Wilmot Proviso.-The slavery question in the Constitutional Convention.-The Missouri compromise.-Territorial Government for Oregon.--Admission of Wisconsin and Iowa into the Union. -Progress made in the arts and sciences.-State of American literature and education.-Conclusion.

UPON several occasions during the administration of Mr. Polk, the acts of Congress brought that branch of the Government into collision with the Executive. Elected as the representative of the entire nation, it was his right, as well as his duty, to guard and protect the interests of all. Upon three several occasions he deemed it his duty to exercise the veto power conferred upon him by the Constitution, for the purpose of arresting the legislation of Congress. In shielding the Constitution from encroachment, he followed the example which had been set him by several of his predecessors.* The veto power has been exercised twenty-four times, since the organization of the Government under the present Constitution, and seven thousand seven hundred laws have been passed since that time.

* The veto power was exercised twice by Washington, six times by Madison, once by Monroe, upon nine occasions by Jackson, four by Tyler, and three times by Polk.

Mr. Polk vetoed two bills which were passed by Congress, for the improvement of harbors and rivers, and also the bill making appropriations to satisfy the claims of our citizens for the spoliations committed by the French. In his last annual message to Congress, the President examined at some length the constitutional negative which the Executive has upon the action of Congress.* The demo

* "The President is bound to approve, or disapprove, every bill which passes Congress, and is presented to him for his signature. The Constitution makes this his duty, and he cannot escape it if he would. He has no election. In deciding upon any bill presented to him, he must exercise his own best judgment. If he cannot approve, the Constitution commands him to return the bill to the House in which it originated, with his objections; and if he fail to do this within ten days (Sundays excepted), it shall become a law without his signature. Right or wrong, he may be overruled by a vote of two-thirds of each House; and, in that event, the bill becomes a law without his' sanction. If his objections be not thus overruled, the subject is only postponed, and is referred to the States and the people for their consideration and decision. The President's power is negative merely, and not affirmative. He can enact no law. The only effect, therefore, of his withholding his approval of a bill passed by Congress, is to suffer the existing laws to remain unchanged, and the delay occasioned is only that required to enable the States and the people to consider and act upon the subject, in the election of public agents who will carry out their wishes and instructions."

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Congress, and each House of Congress, hold under the Constitution a check upon the President, and he, by the power of the qualified veto, a check upon Congress. When the President recommends measures to Congress, he avows, in the most solemn form, his opinions, gives his voice in their favor, and pledges himself in advance to approve them if passed by Congress. If he acts without due consideration, or has been influenced by improper or corrupt motives-or if from any other cause Congress, or either House of Congress, shall differ from him in opinion, they exercise their veto upon his recommendations, and reject them; and there is no appeal from their decision, but to the people at the ballot-box. These are proper checks upon the Executive, wisely interposed by the Constitution. None will be found to object to them, or wish them to be removed. It is equally important that the constitutional checks of the Executive upon the legislative branch should be preserved.

cratic party have sustained, with great unanimity, the provision of the Constitution which authorized the President to postpone or defeat the passage of a law by the exercise of the veto, while the whig party, at various periods, have endeavored to amend that instrument, by abolishing the power altogether.*

"If it be said that the Representatives in the popular branch of Congress are chosen directly by the people, it is answered, the people elect the President. If both Houses represent the States and the people, so does the President. The President represents in the Executive Department the whole people of the United States, as each member of the legislative department represents portions of them."

"Upon the same principle that the veto of the President should be practically abolished, the power of the Vice President to give the casting vote upon an equal division of the Senate should be abolished also. The Vice President exercises the veto power as effectually by rejecting a bill by his casting vote, as the President does by refusing to approve and sign it. This power has been exercised by the Vice President in a few instances, the most important of which was the rejection of a bill to re-charter the Bank of the United States in 1811. It may happen that a bill may be passed by a large majority of the House of Representatives, and may be supported by Senators from the larger States, and the Vice President may reject it by giving his vote with the Senators from the smaller States; and yet none, it is to be presumed, are prepared to deny to him the exercise of this power under the Constitution."-Message of Mr. Polk, December 5th, 1848.

* “Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of both Houses concurring,) That when a bill which shall have passed the Senate and House of Representatives of the United States shall be returned by the President, with his objections to his approbation and signature, if, upon its reconsideration, it shall pass each House by a majority of all the members belonging to such House, notwithstanding the President's objection, it shall become a law; and the requisition by the existing Constitution of two-thirds of each House again to pass the bill in such case is hereby annulled."-Resolution introduced into the Senate by Henry Clay, December 29th, 1841.

"No doubt the idea of ingrafting this power upon our own Constitution was adopted by the Convention, from having always found it as a

On the 4th of January, 1847, the House of Representatives passed a resolution calling upon the President to communicate to that body, the instruc

power recognized in European Governments, just as it had been before derived by them from the practice and history of Rome. At all events, the power was inserted as one feature, not only in the general Constitution of the Federal Government, but also in the Constitutions of a portion of the States. Fifty years had now elapsed since the Federal Constitution was formed, and it was no derogation from the wisdom and patriotism of the venerable men who framed it, now to say that the work of their hands, though as perfect as ever had proceeded from human hands, was, nevertheless, not absolutely so; because that was what nothing that sprang from man had ever been. But now, after the lapse of a half a century, it was interesting to pause—to look back-to review the history of that period, and to compare the predictions of those who then looked into the future, with the actual results of subsequent experience. Any one at all acquainted with the contemporaneous history of the Constitution, must know that one great and radical error which possessed the minds of the wise men who drew up that instrument, was an apprehension that the Executive Department of the then proposed Government would be too feeble to contend successfully in a struggle with the power of the Legislature; hence it was found that various expedients had been proposed in the Convention, with the avowed purpose of strengthening the Executive arm; one of which went so far as to propose that the President should be the chief magistrate for life. All these proposals had their origin in the one prevailing idea-that of the weakness of the Executive, and its incompetence to defend itself against the encroachments of legislative domination and dictation."

"But while there had been no such thing in practice as an encroachment by the Federal upon the State Governments, there had, within the Federal Government itself, been a constant encroachment by the Executive upon the Legislative Department."

"First, it attacked the treaty-making power. None could now read the language of the Constitution, without at once coming to the conclusion that the intention of the authors of that instrument was that the Senate should be consulted by the President, not merely in the ratification but in the inception of all treaties: that in the commencement of the negotiations, the instructions of the ministers appointed to treat, the charter and provisions of the treaty, the Senate should be consulted, and should first yield its assent."

"The President now, without a word of consultation with the Senate,

tions and orders issued to Mr. Slidell, at any time prior or subsequent to his departure for Mexico, as Minister Plenipotentiary of the United States to that country. An effort was made to amend the resolution, by stating, "if not incompatible with the public interest." This amendment was rejected, and the resolution, in its original form, passed, and the call of the House upon the Executive was unconditional. On the 13th of that month, Mr. Polk responded to the demand made upon him, and declined complying with that part of the resolution.*

on his own mere personal sense of propriety, concluded a treaty, and promised to the foreign power its ratification, and then, after all this had been done, and the terms of the treaty agreed upon, he for the first time submitted it to the Senate for ratification. Now every one must see that there was a great difference between rejecting what had already been actually done, and refusing to do that thing if asked beforehand."

"The next Executive encroachment he should notice was that which occurred in the dismissal from office, of persons appointed by and with the consent of the Senate. The effect of this practice was virtually to destroy all agency and co-operations of the Senate in such appointments.”Speech of Mr. Clay in the Senate, January 24th, 1842.

* "The information called for respects negotiations which the United States offered to open with Mexico, immediately preceding the commencement of the existing war. The instructions given to the Minister of the United States relate to the differences between the two countries, out of which the war grew, and the terms of adjustment which we were prepared to offer to Mexico in our anxiety to prevent the war. These differences still remain unsettled; and to comply with the call of the House, would be to make public through that channel, and communicate to Mexico, now a public enemy engaged in war, information which could not fail to produce serious embarrassment in any future negotiations between the two countries." "Entertaining this conviction, and with a sincere desire to furnish any information which may be in possession of the Executive Department, and which either House of Congress may at any time request, I regard it to be my constitutional right, and my solemn duty under the circumstances of this case, to decline a compliance with the request of the House contained in their resolution."-Message of Mr. Polk to the House of Representatives, January 12th, 1848.