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toe EsZisraiLLs
OH, SOUTH E It APALACI1IAX.
A LiTiaAEi aitmn nowtrlt itruv,
Tba Subscriber, publisher and proprietor! of
tht Magnolia Magazine, have great pleaaure in in
forming ita friend and reader, that, with tbe pres
ent volume, or June number of thia periodical, its
publication will be tranfcrred from the city of Sa
vannah to that of Charleston. Thia arrangement ia
madn in compliance with ntimerou auggcjliona
from Ixiih eittea, and ia one which recomemls itself
at a glance, to the judgment of most persona. The
literary facilities ol Charleston are, in some respects,
uperiof to those of Savannah. It Ilea more conve
niently in the line of the great thoroaghtarra, East
and West; and its population being so much larger,
il necessarily combines the prospect of greater lit
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work- The very considerable increase of ita sub
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naturally prompt it proprietor to
a greater outlay of effort in promoting along with
the wihes of ita friends, the extension- of its own
facilities and mean of influence. This change of
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preference in favor of Charleston over our former
publishing city. The work will be delivered to
subscriber on the same day in both cities. The
new arrangement will also effect that desideratum
in the bu.inos department of all periodicals, the
punctual delivery of the journal to subscribers when
due; an object which ha hitherto eluded all oar el
Ions, and hat been ao frequently productive of mor
tification to ourselves, and dissatisfaction among
our frier. ils and readers. It ie proposed to publish
the Magazine, simultaneously, in tbe four cities of
Savannah, Charleston, Columbia and Augusta, in
each of which agent of character will be established
who will always be prepared with the adequate
supply for subscribers, insufficient season for i!e
livery on the first day in every month. It will be
a s iurc of congratulation to oar friend to hear,
ss it is of great pride and pleasure with ourselves to
KUte that the Masjiolu, like it noble namesake,
ha'ing triumphed over the first discouraging cir
cumstmiceet under whice it was planted, ha taken
permanent root, and is no in a condition of tiger
and promise, which justifies the hope that it will
bring forth goodliest fruit, and attain all the green
honor of a hardy growth, a long life, and a peren
nial freshness to the Ut. It subscriber are in
creasing daily, it typographical garment will soon
be a flowing and beautiful a the beat among ita
contemporaries; and among the fine intellects a-
semhled and secured to maintaia its inUtoal char
acter, rray be enumerated many of the most, ac-
eompnaned pame of which the South ran boast.
It may be enough to say that we are (till assured of
tbe co-operation of all thote who have heretofore
written for our pages; to which we shall add with
each successive issue of the Magazine, other name
" no lea able, by which we ah all furnish to our read-
era a fortunate variety and most liberal supply, of
tne inieuociuai emote wnicn tney desire. J be
F, lilorial duties will chiefly devolve upon Mr. W.
; linore 8imm, whose service we hjve secured
to a greater degree than before. The Editorial Bu
reau will be entirely surrendered to hi control, and
his general supervision of the work ia hereafter cer
tain. He will, nevertheless, be assisted by the Mine
gentlemen whoe labours heretofore have contribut
ed so largely to endow thi particular department of
the M ignolia, with the influence which it confess
edly asserts.
It might bs enough for our present purpose to
end here. We rejoice to believe that the day of
Souihern lukewarmnes to the necessity of mental
culture, in our own land, ha gone by forever.
There i a glorious awakening. We have daily
signs that a Southern literature i demanded. The
Mas nolia : demanded. We are proud in detecting
in the progress of each day' event, the decisive
proof that our people need, and are determined to
have, a periodical, which aha II apeak justly and fear
not; which shall be equally true and bold; in which
criticism shall be free from cant, and opinion shall
be unbiassed either by fear or favor; a work in
which the tone shall he manly, and the character
and eenliment essentially and only Southern. It is
very doubtful whether another word need be (aid
on thi (ubject. We feel the sentiment of Southern
intellec tu il independence, every where begiuning
to breath and burn around us. It will be no fault
of our if we do not maintain its fire.
Mr- l C. Pendleton will devote the remainder
of the year to Uitel. He will visit our friends in
the inierior of Sou h, and North Carolina, and
(Georgia, during the present summer. The winter
he will give to Alabama, Mississippi and Louisiana.
The superimendence of the mechanical department
will fall to the charge of Burgee & James, who
pledg.- themselves that the Magnolia, in typograph
ic air and costome, aball be worthy of the noble
name it bears. In this respect Urge improvement
are needed, and are coctemplated. The general
plan of the work will resemble that of tbe Southern
Literary Messenger, journal confessedly among
the neatest in thia or any other country. These im
prnremenls will be made visible in the first number
(iily) of the next volume and new series; but atill
farther improvements will take place in the two fol
lowing numbers. On this head we will not enlarge:
et the Magnolia be Judged by it fruits.
Oiirtermrafr as beforS
pay able yearly in advance. No subscriber for leu
than a year. Each number will contain at least
sixty four page, which circumstance may occa
sionally induce us to increase. Tbe press of mat
ter, or the reception of any article of great present
interest, will prompt always the addition of the ne
cessary pages. With thi summary we conclude
onr address to the friends ol the South, Southern
Literature and Southern Institutions. It is not ne
cessary to say bow much the institution of a coun
try depend upon it literature. We appeal to nur
citizens in their own behalf, no less than our. The
creation of a natural literature is, next, to the actual
defonre of a country, by arms, against the invader,
n of the first duties of patriotism. We are pro
bably feeble bow from the too long neglect of thi
duty. But it is not ton late to reform iba error, and
the time ia approaching last, when the intellect of
the whole South will be needed for the conflict.
P. C. PENDLETON, ? .
BURGE3 & JAMES, 5 P
CatBLisTon, Jca, 1843.
nettrt.
Do 1 on like GoaiI Che win g Tobac
eo! Call and try tome of ptrhap the best yon ever
Jul laste. We have also a very auperior article ef
Bmoking Tobsceo.
Je "ve also twenty or thirty boxet nf mannfs
wred I nlneen, hi. h e offVr at Tiry reduced pri
r by ihv l.ox. Alloa euosianroeut, and offered at
laetory ,rie.
Tt'RNEdl k HUOHE3
Pne Raltigh bcr142. JJ-tf
nr.AXKs
For S.ILEutthit OJJlct.
) " North Carolika
VoI.XXXIH "
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f'rom tli United State JAterury Jldverther
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value. Thi volume must find a welcome at every
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Interesting as they are important and instructive
and the judicioua and talented author ha here con
trived to present u with one of the moat attractive
and ta the tame time uaeful book that have p
peered thi aide the Atlantic. We trust the public
will reward it enterprising Publisher,'
From the A'ew l'orh EvangeHtt. " Thia it a
work possessing; many novel and attractive fea
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combination of the usefu! and directive. It i well
designed for the instruction of youth"and fimilies."
From tht Christian Intelligencer. fcThi work
i an attractive one, not only for the very nume
r u neat embellishment which pervade it, but
from the interesting and useful matter which it crm
prises- -This work, .is ia large octavo, highly dees
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Frim the Ji'ev I! rW. TK engravings from
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design of the work is excellent; and we cheerfully
recommend it to the notice of our reader "
Fram the A'ew York Tribune. "Thi i a very
Instil, ehesn anil fnnvsfiifnl Ktnlr Th ni,K-
l ie wilt soon find it one of the book they must
1 . m .u- n..ui:t t . i. . i . i .-.t.
MS.VS- iitaj iiw ruuiisuer supply uiv laou Willi
many ten thousands."
From the Jloilon 7Vme ''Thi 1 the name of
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York. It Is most justly called " ( hiustii? rA
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ters. If this work meet with a circulation com
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dwelling in thfl Union."
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one of tbe moat finely illustrated and beautifully
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lustrated with several hundred new and elegant en
graving. Mr. Sear has made a wpular book
conferred a great favor upon tbe young, and indeed
merit the patronage and thanks of all classes,"
Fram the Babtitt Advocate u Ws cheerfully
commend the bonk to the readers of the Advocate,
as work of much merit, furnuhod at a very cheap
rate."
From the Bttttn Trantcript. "Althoagh it i
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HOME INDUSTRY.
Miss Elizabeth Gunning, daughter of
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gan, one of the representatives in this Leg
islature, recently spun one hundred knots or
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eighty knots of it herself, all in one day, be
tween day-light and d:nk. Elizabeth's a
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hi
-Powerful in moral, in intellectual, ant
RALEIGH N. C.
P nos PECTU S
or THIS
COLD WATER !TI lOAZIXF.
This work is to be, a its title indicate, devo
ted to the cause of Temperance: anil it is fully
hoped and confidently anticipated, that our exer
tions, through the medium of ita pages, will be
productive of much good, especially to the young
mriing generation, for whom-it j more par
ticularly designed. It will be our aim to incul
cate, by statements offsets, by illustration!), inter,
eating narratives, sketches ami tales, the princi
ple of Total Arri-a.vc and sound moralitv;
to give the young a just abhorrence of ihe use of
"captation which may lead to so baneful a prac
lic ,0 ,nCite in h"'M'
deaire to benefit their fellow men. by adding; thei
intoxicating drinks, and cause thr-m to shun tvery
rac-
ble
their
mite of influence to the moral power which Is
now at work, and which promise to wipe away
thi b'ot upon the fair tame of our country; to aid
the reformer, and encourage the reformed in their
praiseworthy ell'urta to conquer the citaUving pan
ion for drink, whicb has debased so many ol the
noblest hearts and proudest intellects to speak
the words of hope and encouragement to the
drunkard, and of ober truth and remonstrance lo
those who atill prrsiat in the unholy, unchristian.
and nmanly practice of dealing in that w hich is
blighting the fiirest flowers, poisoning the holiest
affection, severing the fondest ties, and filling
the lanu with crime, miery ana wo.
l o aid u in the undertaking, we hare secured
the seavices of Menrs. N. Moos.! and A. Fit,
gentlemen warmly devoted to and actively en
gaged in the cause, as editors; and a host of con
tributor of sterling merit, whose production
cannot fail of being the instrument of much good,
if widely disseminated.
A number of the work will be issued on the
first day of each month, containing 32 large 8vb.
page, illustrated by numerous original Engrav
ings, Temperance Songs and Music, done up in
a neat and appropriate cover, at the low price of
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or seven copir for five dollar.
We solicit the aid of the friends of Temperance
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king.
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which waa destroyed by fire in February 1811, and
put it into full and complete operation, with all the
modern improvements ia Machinery, which experi
ence hat shown to be so valuable, ia now prepared to
supply the Printers uf North Carolina, aod others,
with as good and cheap Paper aa ran be iirchtert
in the Southern Market. He is prepared to make
all qualities, sixes anil quantities, and his prlees will
be aa low, a can be afforded.
All order for Paper, matt be seeompaned with a
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All kinda of Paper for printing Pamphlets, and
Colored Paper for covering the same, constantly
kept on handi MANNASAH SATER.
SPEECH OF MR. RAYNER,
of North Carolina,
On the veto of the Revenue Bill by the acting Pres
ident, and on tba proposition to so amend the
Constitution as to reatrict ths veto power of Lb
Executive.
Delivered in the House of Representatives, United
States, August 18, 1842.
(COICLVBSB.)
tn neither of the four bills which have
bern met with the Executive veto, wltiih-
In the last twelve months, neither the act
ing President nor any of hit advocates,
have pretended that Congress haiattemp
ed to 'strip ol hit authorities,' or invade
(he rights' of the Executive and that he
resorted to the veto for the purpose of 'de
fending himself.' I need not, therefore,
argue that point. I admit that Mr. Ham
ilton, in the number of 'the Federalist' to
which I have referred, does so further, and
says: 'But tbe power in question has a
further use. It not only served as a
shield to the Executive, but it furnished
an additional securty sgainst the enaction
of improper laws. It established a sa'uta
ry check upon the legislative body, calcu
lated ta guard the community against the
efforts of taction, precipitancy, or of any
impulse unfriendly to the public good,
which jnay happen to influence a, -majority
of that body.' I hnv heard this relied on
by the advocates of the indiscriminate ve
to, upon grounds of mere expediency and
Executive discretion, as an authority in
their favor. Rut, sir, mark the language:
the author does not say that one of the ob-
jecli, in conferring the veto, was 'to guard
the community against the carets ol mo
tion, precipitancy, or of any impulse un
friendly to the public good but mention!
this result as 'a further use' of the powerj
meaning, of course, when constitutionally
exercised by the Executive for the pur
pose or 'defending himself against the de
predations of the Legislature.' Of course
this veto can be obly constitutionally and
rightfully exerted for ths purpose of an
swering 'the primary inducement' for con
ferring it, That primary inducement, Mr.
Hamilton tells us, was 'to enable the Ex
ecutive to defend himself.' And when he
tells us, in the next line that the 'seconda
ry' inducement 'it to increase the chances
in favor of the community against the pass
in"; of bad laws, through haste, inadvert
ences or design,' what can he mean, ac
cording to the rales of fair interpretation,
but that these benefits are the rttulti, that
will ner.fsarilyy follow an exercise of the
pnwer, in accordance with the purpose of
conferring it. These 'incidental chances
in favor of the community,' mutt of course
. . ,
ia physical resources the land of our sires, and the
WEDNESDAY,. OCT. 5, 1812.
be subordinate to 'the primary inducement'
fur granting the power from which they
necessarily follow. And the truth is, we
can hardly suppose a case of flagrant usur
pation by the Legislature, on the rights of
the f.xecutive, that would not be the oR
spring 'of faction,' precipitancy, or some
impulse unfriendly to the public good.'
uive this language, however, the most
broad and liberal construction admit for
the argument's take that the Executive,
may, at his discretion, veto a bill, the pas
sage of which is (lie result of 'faction, pre
cipitancy, or an impulse unvetoed, was
the result of oiiher ol those causes! Was
it tbe effect of faction?' So far from it.
it is a measure, of all others, free from the
charge uf faction) a measure for the sup
port of the Government a measure, pass
ed mainly by a Whig majority, for (lie sub
sistence of an Administration opposed to'
them. And, as to the insertion id the
twenty-seventh section, which provides for
permanent distribution of the land pro
ceeds, it is well known that this, for years
has been a great and leading principle of
that party who elevated John lyler to ol
fke, and whom he has so basely betrayed.
Was the passage of this last revenue bill
Ihe effect of 'precipitancy?' So far from
it, it had, for months, undergone the most
laborious research and deliberation, both
in committee and in the House and the
Committee of Ways and Means and the
Whig majority have been frequently taunt
eil by the 'peculiar friends' of John Tyler,
for the tardiness and delay with which they
bi ought this measure to its consumalion.
And so far from the insertion of Ihe twenty-seventh
section being the result of a
hasty and precipitate impulse, it was
strictly in accordance with what had been,
for many long years of patient toil and de
libera'e consideration, a cardinal print iple
of the Whig party. Was the passage ol
Urn last revenue bill the 'effect' of an 'im
pulse unfriendly to the public good?' Mr.
Tyler will not say this, and his advocates
cannot say it lor him, alter his having,
years since, recommended, in the Virgin
ia Legislature, the distributiim jaf live pub
lic! land proceeds, as 'the most just and e-
quit able plan' of fulfilling those 'compact
between the proprietor States and tlnsUo
vernment,' which, he savs In hia message
at (tie extra session, -cxpressiy guaranty to
the States oil the benefits which may arise
from the sales.' And, whether or not this
idea of land distribution be the 'effect of
an impulse unfriendly to the public good,'
it is n qeslion which the people have tlect
ded for themselves. For, no matter what
may have been the different opinions en
tertained, in different sections, on other
subjects, by the great triumphant party ol
1840, yet the question ol land distribution
was a great leading measure with that par
ty in every State in the Unnion, with the
exception perhaps of Georgia. Three
fourths of the Legislatures of the Slates
have deliberately pasted resolutions in la
vor of the system. The people have leci
ded this question, not on momentary tin
pulse, but deliberately decided it, after
yeara of discussion; and who shall dare to
gainsay their behest r
The enly grouud tlien.on which this last
veto can be sustained is, that the bxecu
live is to a co-ordinate branch of the legisla
ture department of the Government; and
that upon mere reason of expediency or dis
cretion, he may annul the deliberate acts
of the two Houses of Congress.
Mr. Saunders here eaid that he wished
to ask a question of his colleague. He had
heard that his colleague had said, had he
been present on the passage of the bill, he
should have voted against it. He wished
his colleague to say how he would iiave vo
ted, hid he been here?
Mr. Ray ner said he did not recognise
the right of the gentleman to propound to
him any such inquiry, and what he should
rsay in repiy to nis question, ne saiu as a
matter ot lavor to the gentleman and not
as a matter of right Even il he had voted a
gainst the bill, had he been present, yet it
would not have altered his opinions of (he
reason contained in the Veto message,
lie considered that the acting Presiden
in t4njf 4he bitt etv 4heTeasfl he had as
signed, had exceeded the privileges confer-
rru on mm oy me ionstiiuuoo. ne con
sidered that the Executive had no right to
veto aa act of Congress, unless upon Ihe
ground that it was an unconstitutional ex
ercise of power, and he much doubted even
then whether he had the right to exercise
the veto, unless Congress encroached en
the constitutional priviledges of the Exe
ctive.t
The Itt section of the tst article ol Ihe
Constitution, declares, that 'a legislative
powers herein granted, shall be vetted in
tVongrett of the United states, which
shall consist of a Senatt and House of
lupresentahves? How then can it be pre
tended, that Ihe Executive is a component
part ol the Legislature? How can any
moderately liberal constructionist even,
insist, that the pnwer of the veto was in
tended to annul this first section of the
Constitution, by giving to (he Executive,
a portion of that, all ot which it herein
'vested io Congress?' And the exercise of
the veto, upon mere expediency or discre
tion, most unquestionably hat that rrtett
The Congress here does net consist of the
President, Senate, and Mouse olKepreien
stives is the Parliament does ofRiag,
Lords, and Commons but the Constitu
tion expressly savs, it 'shall consist of a
Senate and House of Representative!. "
1
No. 40.
And the 8th section of Ui article of Ihe
Constitution shjs, the Congress,' viz: the
Senate ami House ol representative,
shall have power tn lay and collect taxes,
duties, imports, and excises, to nay the
debts, ice. , of the United States. ' Of course
then, the Senate and House of Represents
lives must have the power to srlect such
mode for laying duties, as they, in their
discretion, may suppose will be most con
ducive to the general welfare' provided
they do not thereby infringe any other pro
vision fr the Constitution. Have they nut
then, the est Itisive right, in providing for
paying the debts of the United States, in
such a war as they may consider m st con
ducive to the general welfare of the coun-
try, to declare that they will provide lr
the payment of the public debt by laying
duties only; and that i':e lantl proceeds ''
all (lie betielits' ol which, Mr- lyler loiu
us, were 'expressly guarantied to the
States, by compacts, shall be 'distributed
in just proportion among all the htafesr
II" therels any one power which the (ea
rners of the Constitution Intended to en
trust to Congress ulon, free from all oth
er influence or control whatever, it was
the money or taxing power. . Anil wen
might they, for the history of all modern
Governments taught them, that this power
of taxation is the lever of despotism in mo
dern timet. There is hardly anv country
in Christendom, at the present time, where
the -persons of men are net free from vio
lation still the power ot taxing them, ot
depriving them of the fruits of their labor,
has outlived the torture and the rack in
most of the Governments of Europe. And
so jealous were the framers of the Consti
tution ot the abuse ol this power, that they
not only confined it exclusively lo the
Congress, but in the 7th section of the 1st
article of the Constitution, they provided
that all bills for raising revenue shall on
innate in the House of Representatives;
but the Senate may propose or concur with
amendments, as on other Dins.' ionic
immediate Representatives of the people
only, is given the power to Qriginale reve
nue bills; and to the Senate only is given
the power to propose or concur w ith amend
ments. All interference on the part of the
Executive is her strictly guaHed anainst
and yet the acting President ha dared
to veto a bill, because it was not amended
to suit him, because the odious 27th sec
tion wat not stricken out; for to the rate
of duties he offered no objection.
In England the taxing power is even
more stric'ly guarded than in our Consti
tution. There the commons only, have the
power to originate and pened revenue
bills; the Lords cannot even amend them.
If we examine the history ot this power
in England, from the period immediately
following the conquest, to the reign of
Henry IV, we find that the granting atdt
to the King, was the great instrument by
which the Parliament grauuallv wrested
from the Monarch, the arbitrary preroga
tives, by which he had oppressed the na
tioo. The warlike and energetic Edwards
were compelled to purchase the subsidies
lor carrying in their wars, by a surrender
ot a portion ot their despotic prerogatives.
And from the reign of Henry IV, when the
commons inserted in their puruniary
grants, that the King could not lawfully
raise such aids, without the content of the
Lords and Commons,' down to the pres
ent time, this limit to the amount and
sources of taxation, has been the great con
servative principle of liberty to the r.n
glish people. The right ol the people,
through their representatives, to tax them
selves in their own way, is the great bar
and preventive to executive despotism as it
existsin modern times, in Ihe civilized com
modifies. If this princple is hallowed by
by time, and canonized in the hearts of
the English prole, as the great source and
preservation of their freedom; shall we,
who boast of much freer institutions than
theirs, surrender without a struggle? Shall
we allow the executive, either to amend
or defeat a revenue bill, when, by the
Constitution, the Senate only has the pow
er to propose amendments? If the rigid
exercise of this powrr over the revenue is
neeesHiry 4o a rresf- Exetotfvesurpathm
in England, why not equally so herv? It
is the very nature of all power, to seek to
enlarge ilself; its' possession is equally
flattering, and its exercise equally tempt
ing, in all governments. And when we see
how alarming Executive power nas increas
ed, how far beyond the most dwta,nt-fVars
home of onr affections.
of the framers of the Conslitution; buhtljfo. jjj fiot Intend to tie our institutions
we not to ne aitrmeti at tne prospeci, mat
this veto power is likely to strike from our
hsnds this great weapon of free principles
the taxing power, unfettered and uncon
trolled? If the Executive, in addition to
the other growing powers, ia to be quietly
permitted to usurp what will our Govern
ment be, but an elective despotism? '
Those who contend so strenuously for
the unqualified veto, insist that the power
in the Constitution to 'return' bills with
thel'objections' of the Executive,' if he do
not approve' them, give him unlimited
discretion In regard to the matter. It not
this reasoning in violation of every con
servative' principle of the Constitution?
Would not the wanton and faction, exer
cise of this power, without control, lead
either to the concentration of all ettential
legislation in the Executive or, other-
... , . , . r i
wise, arrest the wheels of Governmet y
case the Legislature would refuse to yield?
And can it be appposed. that the founders
of the Constitution, iafended to confer on
any department of Ihe nvernnieBt, iny
discretionary powtr, whkh might be,n'
tonly exercised fnrsqth a dftas'mus .ur
foarf Suchan argument inrirly at a
nam a with -what xnmiiitm "relsi.n tit
suprov to have b en t hjre,! rbri'ei
ting sui h a own a il the i onXi nccf
which wiilild ii'eWlUy flow fiy in it, aht.vt ,
thai it would plant in the Constitution, the
genu of its nun drMrur 'iuii, Ai d ill jui'g
mg i f lite i x't iit to which thf veto ptwrf
may be i'igh:fully un'tl, ou,ht .we not itv
look tn the i-bjetls intended Jn be.tffec'fd
by it. and the consequences likely to grow
out of'iis unlimi'ed exorci ?Viie who
contend that the Constitutiiiii, jjla' ea no
limit to Executive tlixcretiun In ihe use nf
the veto, must still admit, that ti e rulhoi
of that instrument nrver imet dt d t rten
Jsuspey.ted, that it would become of urli
common, and almost daily, report by the
Executive.ua we row witness still lens.
(that it would be" made to subserve the
gratification of w irked and malignant pas
sion, . In the debate on lliis'subject in the
Federal Convrntion, Mr. Wilson said:
"He, thought there was no danger of the pow
er beinjf too nmrh' exercised. He believed, tit
"ttert did, that thi power would tcldum tt uted."
Mr. Hamilton mentioned-
"That the King? of Great Britain had not ex
erted hie ne ffntive since the revolution."
In the 73d number of ihe 'Federalist' we
we find the following:
"The iiipprior weight and influence oflhele
jilajjya hndy tn a free gowernmrnt, and the
I'azard lo the Executive, in a trial of strength
with that body, afford a satisfactory security,
that the native would generally be employed
and with great caution; and that in its exorcise,
there would oftener be room for a charge of ti
midity than of rashness.' 'If a magistrate ao
powerful, and so well fortified, as a British Mon
arch, would have scruples about the exercise of
the power, under consideration, how much great
er caution may be reasonably "expected hi a Pre
sident of the United states, clothed for the shoit
period of foor years, with ihe Executive authot
My of a Government wholly and purely republi
can! MM evident, that" there would ba great
ianger of hi not using his power when rurei-
tary, than of his tiding it loo often, or too much''
Ah, little dul ihe statesmen and sages
who bequeathed to us ihe 'government u n -tier
whii h we live, suppose, that in fifty
years the Executive veto was not only to
paralyze the legislative action of Congn s?)
but that it was daily to be threatened here
in advance, for the purpose of frightening
from their duty Ihe assembled Represent
atives of the nation! It must be admit ed
by all, no matter what may be their opin
ions as to the extent ot the use ot tins pow
er, as conferred In the Constitution, that
the authors of that instrument never con
templated or su!pected,that the use ot this
powej would become of such common oc
currence, ss we now witness- It must be
admitted, that it was intended to be exe-
cuted rarely, and on eventful occasions"
In the lapse of time, it has no turn ou
that what was designed to balance the dif
ferent departments of our tystem, now
threatens to destroy thatequiiibrium, which
it was intended tn preserve. What waa
designed as the extreme medicine of the
Constitution, to be administered in Ihe last
resort, hat by wicked quacks been con
verted into its daily bread. The object
which the fathers of the Constitution had
in view in conferring the power in ques
tion, has been defeated. It no longer an
swers the purposes which it was designed.
It perverts the intent, and threatens to de
stroy the intended operation, of Ihe very
instrument which it was intended to pre
serve. This is the evil under which we
now suffer. The next question is, what is
the remedy?
This brings me to the consideration of
the resolution reported by the committee,
proposing such an amendment of the Con
stitution, as will enable a majority of ihe
whole number, ot the two Houses, to piss
a bill, even after it has failed to receive the
Executive approval. It listened attentive
I v to the gentleman from Kentucky, (Mr.
Marshall,) who spoke against this resolu
tion; and eloquent and instructive, at he
usually is, yet he failed to adduce any
convincing argument sgainst it. He test
ed his argument mainly, apon the ground
of his ardent devotion to the Constitution,
and his deep veneration for the memory ot
the taget who 'framed it. He said 'tney
had the whole ground before them, 1otli
the past, and the time to come. I claim
not to be behind the gentleman from Ken
tucky, in respect ami veneration for the
memory of those great and good men, but
never yet, did I suppose, they were en
dowed with the gift of prescience. How
could they foreknew the difficulties of the
future? How could their mortal ' Vision
pierce the dim vista of coining aget, anil
provide for all the conjunctures that were
likely to arise under an untried and com
plex system? Tia true they surveyed the
history of the past, and what did that his
tory ten memr it iota tnem mat, me great
murceofthe destruction of the govern
mentt of the world, that had gone Wore,
wa, that they did not contain the conserv
ative, self sustaining principle ot their own
amendment, ami adaptation to the chang-
ngipnii ii, me age out mat tney nan to
be renmitplL 1 -V revolution anil Klnnd '
together "with a Gordian knot.which could
only be ftjt by the sword. They dul not
think themselves as infallible,' as the gen-'
tlemati from Kentucky seems to consider
them (a have been. They wisely profit-1;
ed by the lessons of the experience, and
provided in this , tame Constitution,' the
means and this mode of amending if, when'
time should prove its failure to answer any '
of the purpose designed by its creation.
In the debate in the Federal Convention
on thisclaute in the Conslitution. pmviil
ing for fu'are amendments, Mr,' Gerrf
taid: , ' ' ' -7
The novelty and difficulty of the experiment '
requite periodical revision. The prospect ef
such a reviaioo would alto give intermedial)
tability to ih Government - , - . . ,,
Mr. Alason 'urged the necessity oftnch a pre
vition
Ihe pun now to be foimed ' will cer-
isiuiy osj ueiecive.aa mo soineuerauoB ubs neen
found on trial to be. . amendments, therefor,
Vdl be necessary; aod It will b better to -pro.
vide for them In an easy, regular, and eonsiiin-
tional way, ihao to trust to chance end violence.'