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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.f And of this circumstance in their history, Niebuhr speaks with all the authority due to his great name, his unbounded learning, and calm judgment. At

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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.”

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.

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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.”+

§ 885. † President Polk's Message of 1848.

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President Washington on one occasion exercised this constitutional power. President Jackson, in 1830, vetoed a bill for applying the funds of the Union to local improvements ; and in 1832 placed his veto on a bill for renewing the Charter of the United States Bank. In 1841 President Tyler twice exercised his veto against bills for establishing national bank; and in 1842 he three times exercised this power (twice against bills for altering the tariff). Four of these instances occurred within fifteen months, and against the advice of his Ministry. They were followed by an angry remonstrance from the Senate, and a protest on his part against that remonstrance. President Polk states in his last message (1848) that he had exercised his veto three times. He justifies the use he made of this constitutional power, and adds, that, in his opinion,

• There is more danger that the President, from the repugnance he must always feel to come in collision with Congress, may fail to exercise it in cases where the proservation of the Constitution from infraction, or the public good, may demand it, than that he will exercise it unnecessarily and wantonly."

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