BOLLINGER pH 8.5 MILL RUN F3-1543 u HON. JOHN L. TAYLOR, OF OHIO V ON THE ARMY BILL, THE VETO POWER, AND THE OUDINANCE OF 1787: DELIVERED IN THE HOUSE OP REPRESENTATIVES OP THE UNITED STATES, August 3, 1848 WASHINGTON: J. AND G. S. GIDEON; PRINTERS. 1848. /n s^ T \^ '^^ SPEECH In the House of Representatives of the United States. The House being in Committee of the "Whole on the state of the Union, and having under consideration a Bill making appropriations for thet support of the Army, for the year ending the thirtieth of June, one thousand eight hundred and forty* nine, Mr. TAYLOR, of Ohio, said- Mr. Chairinian : After sitting here a very attentive member of this body for nearly eight months, listening with great pleasure, and occasionally with some in- struction, to gentlemen on all sides of this House ; and, after being detained here now about nine hours since we met this morning, I feel too much exhausted to sub- mit the views I wish to present to this committee on some of the questions and sub- jects that now agitate the public mind, as I would like to do in the Congress of the United States. Nevertheless, I am determined, having now obtained the floor for the first time during this session, when I could discuss questions of a general nature and of public interest, to proceed with my remarks. And I shall do so with that freedom and boldness which becomes a Representative of a free and intelligent people, neither caring for the men who occupy, temporarily, the high places in the country, nor for any others who may follow in their train. I shall proceed to express the views I entertain upon these public questions as best I may, and as I deem it my duty to express them, in accordance with the well-settled opinions of the majority of those who sent me here. * I concur most heartily in many of the views of my distinguished friend, the hon- orable gentleman from the city of New York, (Mr. Tallmadge,) as to the vast waste- of time in this House, the irregularity of our proceedings, and the strong necessity of some reform in regard to the rules of proceeding in the House of Representa- tives, 'in order to prevent that disorder, that oppression, and that injury now inflicted upon a vast portion of the people of the country, and procure the more equal distri- bution of the thri^ of the House to the several Congressional districts of the United States. Of the two hundred and thirty members composing this House, only some forty or fifty are permitted to take part in its deliberations and discussions ; and those- of us, who are styled new members, are virtually excluded from all participation in the proceedings of this body by the oppressive rules of the House., It is disreputable to the Representatives of the people of the United States, that they cannot here forna a system of rules which will allow every gentleman 'to take part in the debates, and express freely the wishes and views of his constituents. If it be my lot to be sent back here, I wiU urge the necessity of such a revision of the rules, as shall restrain the men who obtrude themselves upon this House too frequently^ and which shall tend to equalize the time among the various Congressional districts of the people of the United States. Thus much I say, in order that my constituents may understand how it is, that I, in common with so many other members, so rare- ly have had an opportunity to express my views ; and that the country may know ■why it is, that many of the intelligent members on all sides of the House, many of those on the opposite side of this Hall, as well as many of my political friends around me, are not heard during a long session of Congress. I now proceed. Mr, Chairman, we are now in Committee of the Whole on the state of the Union upon the bill making appropriations for the support of the Army of the United States for the year ending the 30th June, 1849 ; a bill appropriating a vast amount of mo- ney, some ten or twelve millions of dollars, for the support of this branch of the public service alone. I am content to leave the framing of this bill, the appropria- tions therein proposed, the examination of the estimates upon which they are founded, and all its details, to the intelligent Committee of Ways and Means who ~ have reported it ; for it is well known to this committee, that it is impossible for in- dividual members to investigate every item. I shall willingly vote for the whole amount asked for, as I have readily and cheerfully voted for all necessary supplies since I have had the honor of a seat in this House. And I here take occasion 'to say, that while some of our political opponents have taunted the Whig party as un- willing to vote supplies to carry on the General Government, some of the distin- guished and leading members on the opposite side of this House — amongst whom I might name the ex-chairman of the Committee of Ways and Means, (Mr. McKay,) now a member of that committee, and after he had aided to mature the bdl for the support of the Navy of the United States — withheld their votes from that bill. Nay, sir, they voted against it. And thus this important arm of our national de- fence, that which guards the commerce of the country, that Navy which protects our extensive sea-board, and carries the flag of the Republic in honor around our coast and throughout the whole world, must rely for a majority vote in this House upon the Whig party ! Yes, sir ; the honorable member from North Carolina, and many gentlemen on that side of the Hall, after voting against the Naval Appropria- tion bill, stand up here, and with an impudence and effrontery as glaring as it is untrue, accuse the Whig party of withholding supplies for the army and navy, and for the support of the civil government of the United States. I listened with much pleasure to my honorable colleague, (Mr. Miller,) who has just taken his seat, and I was glad to see him have the opportunity of expressing, for the first time, his views upon some of the great questions of the day. But I think he was peculiarly unfortunate in makinahis first demonstration upon the so, called " Compromise bill," which was sent here the other day from the other branch of Congress, and which he commends to the favorable notice of the country, while he denounces us upon this side for promptly laying that bill upon the table. My colleague must have forgotten that, during the last session of the General Assembly of the State of Ohio, a resolution was passed by both branches, unani- mously, or nearly so, instructing our Senators, and requesting our Representatives, in Congress, to vote to incorporate the principles of the ordinance of 1787, into any law that might be passed to establish a territorial government for Oregon, or any territory we might acquire from Mexico by treat}'', or otherwise; and that, in the vote in this House, five only of the twenty-one Representatives from the State of Ohio, voted against laying that bill on the table. Then, sir, how is the sense of the State of Ohio declared here? A very large majority of her Representatives — all the Whig Representatives who did vote, and four of the nine Democratic members from the State of Ohio who gave a vote on that occasion — united to lay that miscalled "Compromise bill" on the table, and for the very best reasons, which, if my time does not prove too short, I propose to inquire into. But I will remark here — and the country should knoW — that while the Senate of the United States have spent nearly five months in discussing the great principles involved in this "Compromise bill," which they have just prepared and sent to us — after a discussion which has elicited the best talents of the land — in which gen- tlemen from the North and from the South, from the East and West, have vied with each other in the strongest and ablest arguments they could adduce — they have met together, and sent us a "Compromise bill," not sustained by a very large ma- jority of their own body, which they expected us to pass without discussion in a few days. Sir, we could not do it. It is well known, Mr. Chairman, that in the early part of this session a bill providing a territorial government for the Territory ot Ore- gon was reported by the honorable member from Indiana, (Mr. Caleb B. Smith,) who is chairman of the Committee on Territories, prepared by that committee; and I that at the very time the "Compromise bill" came to us from the Senate, our own bill relating to Oregon was under discussion, and was nearly matured; that the bill -which originated in this House for that purpose has been since passed by this body, and is now before the Senate for their concurrence. That bill passed this House by a vote of more than two to one; and a section excluding slavery from Oregon for- ever, was made a part of it. In this way we have shown to the country our desire to act promptly for the people of Oregon, and have demonstrated to the country that we laid that "Compromise bill" on the table, rot with a view to defeat the organization of the Territory of Oregon, but that the House of Representatives, at least, are willing to grant to that country what they desire, and ^Vhat has too long been denied to them. Yes, Mr. Chairman, a territorial government of the best kind has be^n given to to them by this House; such as was guarantied to all the northwestern territory, which has grown up under it so admirably, that the free institutions of the States which have been formed out of it, are the admiration of .all the world; and whose prosperity and growth in everything that renders man _ great, and prosperous, and happy, have been the miracle of the age in which we live. I intend before I get through to recur more particularh to this subject; that is, to the form of government which the Congress of the United States shall give to Oregon, and to the territories we have acquired from Mexico. I understand that the chairman of the Committee on Territories (Mr. Smith, of Indiana) announced to this House, that he was ready to present to our considera- -tion carefully prepared bills, for the newly acquired territories of California and New Mexico; and that he has not yet, under the rules of the House, been allowed to report them. There is ample time to pass those bills. I trust if they come be- fore us in the proper form that they will be passed. I am ready to give my vote for such bills at any time. I wish now to present some views, Mr. Chairman, upon a subject which is deeply agitating the public "mind, and which, it seems to me, has not been prrperly esti- mated in the discussions in this committee. I mean the great subject of the Veio Power, as conferred .by the Constitution of the United States upon the President, and the manner in which it has been exercised for the last fifteen or twenty years, by our Presidents — particularly by the present Chief Magistrate. , To examine the conduct of the men who are temporarily invested with power by the people, and to scrutinize their acts whilst they occupy the high places of the Republic, and thereby guard the public interest and the Constitution which we are sworn to support, is the great duty of a Representative of a free people; and this duty I shall endeavor faithfully to perform. I shall, in the first place, review as briefly as I can, some of the leading measures of the Federal Government, since Mr. James K. Polk, the present chief magistrate, came into otfice; and exhibit^ the country, th« enormous and alarming tendency of the party now in office, to concentrate the powers of this Government, in the hands of one man, thereby changing in practice the beautiful theory of our republican Government, to a tyrannical despotism. For this purpose let us look back for a moment to the 4th March, 1845. On that day, the President of the United States, was inaugurated, with all the forms and ceremonies usual on such occasions; and, in looking over his inaugural address, our attention is arrested by several important indications therein given, of the course of policy which he intended to pursue. With a predetermination to exercise all the extraordinary powers which he might desire to usurp during his administration,' in that inaugural address he fore- shadows his design to exercise frequently the Presidential veto, by ^^ substitytingthe mere discretion and caprice of the Executive,^^ for the will of the majority of the peo- ple, as expressed by their Representatives in Congress. I will ask the attention of this committee, and of the country, to these remarkable sentences in that first presi- -dential declaration of President Polk: " This most admirable system of well regulateJ self-government among men, ever devised by hu' man minds, has been tested by its successful operation for more than half a century; and if preserved from the usurpations of the Federal Government on the one hand, and the exercise by the States of powers not reserved to them on the other, will, I fervently hope and believe, endure for ages to come, and dispense the blessings of civil and religious liberty to distant generations. To effect objects so dear to every patriot, I shall devote myself with anxious solicitude. It will be my desire to guard against that most fruitful source of danger to the harmonious actions of our system, which consists in substituting the mere discretion and caprice of the Executive, or of majorities in the legislative department of the Government, for powers which have been withheld from the Federal Government by the Constitution. By the theory of our Government, majorities rulc.''^ * * " That the blessings of liberty which our Constitution secures, may be enjoyed alike by majorities and minorities, the Executive has been wisely invested with a qualified veto upon the acts of the legislature. It is a negative power, and is conservative in its character. It arrests for the time, hasty, inconsiderate, or unconstitutional legislation, and transfers questions at is- sue between the legislative and executive departments, to the tribunal of the people. Like all other powers, it is subject to be abused." Here, sir, we have an argument in favor of the veto power, even in the inaugural address of Mr. Polk. The first, sentence in this declaration is one of those truisms to which none of us object^ All are of opinion that our constitutional form of re- publican Government, is the wisest and best devised, ever formed by men ; and to preserve it from usurpations by the Chief Executive Magistrate of the Federal Go- vernment should be a primary object with every American patriot. Nor should the States of this Union exercise powers not reserved to them. But the promise at that time, made by the President of the United States, has Been grossly and frequently violated. The " discretion and caprice of the Executive,''^ to use his own words, have been frequently substituted for the constitutional duty to o'uard against federal usurpations; and the most salutary legislation has been thwarted, and rendered null and void, by the capricious and criminal interposition of the Executive veto. Who shall decide what powers are withheld from the legis- lative department of this Government, from Congress, by the Constitution of the United States? Did any man of sense, did any free American citizen, who can read the Constitution, and understand his rights and his dignity as an American citizen, ever grant for a moment, that any President — much less Mr. Janr es K. Polk — was to de- cide what powers the Constitution withheld from Congress.? Surely not ! Have we not a Supreme Court of the United States, whose duty it is to^ give a construction to your laws when necessary, and to decide upon their constitutional ity.? But it seems to me very manifest that when these sentences were uttered, Mr. Polk had a presentiment that his opinions Avere behind the age in which he lives; that they were at variance with the Constitution of his country; that a majority in Con- gress had long since condemned and repudiated them; and that it was necessary in advance to shadovr them forth, and to intimate to Congress that this kingly power, this monarchical feature in our Constitution, should be held up to them, to intimidate the Representatives of the people, and drive them into a craven submission to his will and power. I trust, Mr. Chairman, the day may never arrive, when any intelligent Represen- tative of the people, will be so recreant to his high and responsible trust, as to con- sult, in advance, the opinions and views of any President, as to what his rights are under the Constitution. But that he may study that great charter of our free- donj, and study the history of the men who formed it, and the circumstances under which they acted, and be guided rather by the glorious lights and intellects of the Revolution, than by any Will-of-the-Wisp Lanterns of Locofoco Democracy. Truly was it said, in that inaugural address, that "the most fruitful source of dan- ger to the harmonious action of our system consists in substituting the mere discre- tion and caprice of the Executive, for powers which have been withheld from the Federal Government by the Constitution." Yes, sir, not only a fruitful source of dano^er to the harmonious action of our republican system, but to the rights of the people, as they are guarantied by the Constitution of the United States. The legislative power of this country is vested in the Congress of the United States. Let us read from the Constitution itself, what is said on this subject. The- first section of the first article of that great charter of American freedom reads thus : ^^ All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.''^ And this is the whole power. And though the laws passed by Congress are, by the Constitution, to be submitted to the President for his approval, yet it never was contemplated by the framers of it, that the mere '^'discretion and caprice of the Executive^^ should be substituted for the will of a majority of the Congress of the United States. That inaugural address further declared, " that by the theory of our Government majorities rule;" as if to indicate to us, in advance, that no matter how important the legislation of Congress, no matter how wise, how necessary, how indispensable to the general welfare, or how imlperiously demanded by the calls of the people, or the demands of justice, yet it is only by the theory of our Government that a ma- jority can enact laws to m.eet the pressing exigency of the times, and that a Presi- dential co-operation is absolutely indispensable in all cases. That a majority of Congress, no matter how large and decided, should not control, under any circum- stances, but that the Presidential prerogative must be conciliated and consulted; and that no act of legislation should pass except by the odious two-thirds rule, iftiless it be the will and pleasure of one man — the federal Chief Magistrate. How odious is this unfounded and unconstitutional pretension to the great body of the people ! How utterly at variance with the practice of the Government under the early Presidents ! And how arbitrary and anti- democratic in practice ! How to- tally at war with the administration of Thomas Jefferson, whose name is con- stantly on the lips of demagogues, as their exemplar, but whose real example is rarely, if ever, followed by any of the modern progressive Democracy. Sir, President Jefferson, during the eight years of his administration, never exercised this odious veto power. And in the very commencement of the Government, General • Washington, during the eight years of his administration, never exercised it but in two instances. Neither Presidenis John Adams, John Quincy Adams, nor Mar- tini Van Bure7i, during the twelve years of their administrations, ever exercised this odious powe'r. It is anti-republican ; and when used upon mere questions of expe- diency, as in the case of the French Spoliation bill, or upon the mere discretion and caprice of the Executive, tends rapidly and inevitably to enlarge Executive power , and authority, to restrain the free action of the Representatives of the people, and to destroy the great objects of legislation. Sir, for what do we assemble here ? Is it as the mere agents of the Executive authority — to raise money, to pass appropriation biUs to carry on the civil departments, to pay your army and navy ? Is it to catch, bv such VETO messages as President Polk sends here, the opinions, and to do. the biddings, of a tyrannical President ? No, sir ; no. The people have elected us as their Representatives, who know their wants, to present their opinions upon public questions, to redress their grievances, to protect their just rights, to guard the public interests, to legislate for their best interests, public and private, as we deem best, and as the true interests of the country de- mand. We do not sit here to inquire and act as the President may dictate. But receiving from him the usual information as to the state of the Union, which he is required by the Constitution to communicate, we are thereupon required, by the oaths we have taken to support the Constitution, to act upon our own judgments and knowledge of the wajits of the people of the country, without reference to the Pres- ident's opinions. Now, sir, what do we hear in this HoXise, almost daily, in debate ? Why, sir, inquiries the most offensive to an independent Representative of a free people. We are told by our opponents on the other side of this Hall that General Cass wiU veto the Wilmot proviso, if the Representatives of the people should hereafter enact it, during his term of service, if he be elected, (which God forbid !) And we are pressed with the inquir}- — " What will General Taylor do in the event of his election to the Presidency ?" " If he be elected President, would he vetb any act that might be passed by Congress extending the principles of the ordinance of 8 1787 over the Territories of the United States recently acquired from Mexico ?'" Now, sir, I do not want the pledges of Lewis Cass, or Zachary Taylor, on this sub- ject in advance, as to what either will do if he be elected President of the United States. Especially, sir, I do not wish a Presidential candidate, no matter what are his opinions on this or any other subject, to pledge himself in advance as to the course he would pursue, when a bill, passed by both Houses of Congress, may be presented to him for his approval. A patriot and a statesman, who has the good of his country at heart, and is determined to endeavor to discharge his duty faithfully and honestly, under the Constitution, ought not to pledge himself, in advance of his election, that he would or would not, as President, veto any particular measure that Cono-ress might adopt. It is against the free and untrammelled action and rights of American'c.itizens that any pledges of this kind should be brought to bear in our popular elections, by any party, or candidate of a party. And hence the wide and striking difference in the position of the two candidates now before us for the Presidency. How is this ? We find that General Cass has^ accordino- to the assertions of his political friends here, avowed his opposition to a particiila^ measure so broadly, that, if elected President, he would not approve a law excluding slavery from the newly acquired Territories. Nay, sir, they assert on this floor that he is pledged to veto any such law if passed by Congress ; that their candidate for the Presidency would veto a law estabhshing the Wilmot proviso, no matter how large the majority by which it might -be passed. So that nothing less than two-thirds of this House could enact such a law. And they triumphantly ask us— "What will Zachary Taylor do, if he be elected ?" "Has he given any pledges to the American people that he will veto such a law ?" No, sir, he has "^iven no pledges to check or thwart the will of the people ; and it is in conformity with the honest character of the man, to act with the delicacy and propriety becom- in