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selves to carry them through the Canadian Parliament. This they both could and would have done; or in the improbable alternative of not being supported in their policy by the Legislature, they would have resigned their offices, and given way at once to the party commanding the legislative majority. Thus the will of the Legislature would have been acted upon either way, without procrastination, and in the open face of day. But as there is neither in the president, nor in the Legislature, nor in the ministers of the president at Washington, that direct and open responsibility for the policy of the Government, the negotiations could not be brought to the point at which a decision could be taken. The impatience of the public in Canada at the delays that ensued, obliged the ministry to take a course of their own, and to bring forward measures in the provincial Parliament of such a nature as alone could force on a decision on the part of the Government of the United States. The questions are still

under discussion, having passed, together with other points referring to the whole of the North American colonies, from the Canadian into the hands of the imperial ministry.

*

Mr. Justice Story agrees that "one other reason in favour of allowing the heads of departments seats in the Legislature is, that it would compel the executive to make appointments for the high departments of Government, not from personal or party favourites, but from statesmen of high public character, talents, experience, and elevated services; from statesmen who had earned public favour, and could command public confidence.” But these were just the reasons why the jealousy of high distinction, so conspicuous in republics, excluded such men from seats in the Legislature. And of this circumstance in their history, Niebuhr speaks with all the authority due to his great name, his unbounded learning, and calm judgment.

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vol. iii. p. 118, of his "Life and Letters,' (London, 1853), he says: "The segregation of the public servants, and their exclusion from the Legislature, was the highest pitch of revolutionary madness."

[In reference to the passage quoted in page 151, it may be well to add that M. De Tocqueville made the same remark in 1834. He states, in vol. ii. ch. 5, of his work, 'Il est évident que la race des hommes d'Etat Américains s'est singulièrement rapetissée depuis un demi siècle."

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He attributes it (ch. 7) “to the ever-increasing action of the despotism of the majority."]

CHAPTER XI.

THE PRESIDENT'S NEGATIVE.*

IT is a remarkable fact that the power and influence of the President of the United States upon the ordinary course of legislation, is far greater than can by any possibility be exercised by the Crown in this country.

Although, by the Constitution, the President's negative is only of a suspensive character, in point of fact it has been exercised with success, on important public measures, eleven times in sixty years, by four different Presidents.

* Article 1, sec. 7, clauses 2, 3. I omit a question previously touched upon by Mr. Justice Story-the right of the Senate to alter money bills. The constitutional practice of that country rests upon different grounds from our own, and is so settled in both countries, that no practical object would be answered by the discussion.

Mr. Justice Story admits that the evils to be apprehended from a legislative body constituted as is that of the United States, are those which may arise from temporary excitements, from precipitancy, from political hostility, from faction, and unconstitutional legislation; and he says that the negative of the President is an important power, as an additional security against the enactment of rash, immature, and improper laws. The course of proceeding, as laid down by the first article of the Constitution (sec. 7, clause 3), is to the effect that if any objections made by the President to any bill are approved of by twothirds of both Houses, the amended bill becomes law. By clause 3, if a bill, negatived by the President, is repassed by two-thirds of both Houses, it becomes law, the negative being thus overruled. Right or wrong, he can be overruled by a vote of two-thirds of each House. If his objections be not thus overruled, the subject is only postponed, and is referred to the States and the people."+

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+ President Polk's Message of 1848.

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