The Texas Democrat (Austin, Tex.), Vol. 1, No. 1, Ed. 1, Saturday, January 27, 1849 Page: 1 of 4
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AUSTIN, SATURDAY, JANUARY 8, IS 19.
,- 1. T.-I.--A.W !.iaj-'Afcw jjjw.uw.'a.vr.,t '."jn!i.-3;-g
'.'JVr-T-i-l--- '.n--VJ. "-'i' .WOT.'
THE TIAS DEMOCRAT,
, y WiB be published every Saturday by
W. H. CUSH1SEY.
AhLJ1! lioun Wn flllflllpiJ. 4fl
Thos who subscribe to tbe State Gazette, will be furnished wiui , anj d.JCjsio:)- rj
K3hif.Der5crat until the, mew paper-is commenced; ami cuargcu at f , ,
.i 1.i.iojbeflubHberH!-jatlePfl4L5,rtoith2y vul. not be J L-8e.0l? eifect, 1
I? J -.c-'" - - . .
2 .f , fOi the office.
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 ufd to do
this within ten days, (Sundays excepted,) it shall be-
come a law without his signature. .Right or wrong,
TEXAS DEMOCRAT will be continued until tbe arrange- he may De Overruled Dy a VOie Of IWO-UUius Ol tMCii
Tn progress snail bave been completed to issue tlie i b-US tlOUSe aild, 111 IhaC CVenr, Hie Dili DeconiSS l UIW
DATE GAZETTE. Tt will then give place to tnat paper. 1 without his Sanction. If IllS obiections be 110t thllS
bo Democrat will be sent to all those h have pam ti.cir sud- cWPt nnUr nnstnnnprl. nnrl is refer-
in advance until tbe engagements ot Uie tornier puuuaucr ,--- --; ". j-"- t,.ry--, --
; red to me states ana tne people lor meix cousiuurauun
he President's power is negative
ffirmative. Ho can enact no law.
herefore, of his withholding his ap-
f pVrMii of a bill passed by Congress, is to suffer the ex-
jkfiag'hiws to remain unchanged, and the delay occa-
1 --.--. ...... .- . ,7 . -'....! .U. O,... ..,!
OllCG 5 0411 v uitiucMuireu tu milium tnu ouucsaiiu-.
PonsideHmd' act upon the subject m the
iiV?amft profuniA. -- election oT public agents who will carry out their
deto those who advrtite Vv-i.shes and instructions. Any attempt to coerce the
Prcsidentro yield his sanction to measures which he
cannot approve, would be a violation of the spirit of
the constitution, palpable and flagrant; and if suc-
cessful, would break down the independence of t!ic
executive department, and make the President., elected
by l!,e people, and clothed by the constitution with
power lo defend their rights, the mere instrument of a
majority 01 Congress. A surrender, on his part, 01 the.
powers with which the constitution has invested his
oHies would effect a practical alteration of that in-
strument, without resorting to the 'prescribed process
Willi the motives or considerations which may in-
duce Congress to pass any bill, the President can have
nothing to do. lie must" presume them to be as pure
s his own, and look only to the practical eliect of
inrtrc ci a-uiys mJ, fptainr.
ritsemajjts t?C jnonjTutaii a sqtiarrtats ii
-s. di- junt 01 Slty par ccni. will Oe ma
ps the Acor,
. Tbe Cash will always be naired in ailvanee for Advertising.
One bundred words'mcy be considrcl ns constituting a square,
I JJ-JfcEIAS STATE GAZETTE.
- 'SSJSari.t in March next, the undersiqne'd will commence the pub-
..ircatiori of a weekly journal at the Cily of Austin, to he culled the
' " Texas Stats Gazetti-:." For this purpose, an abundant supply of
ntU'-material hhlb'cn ordered, nnd will h? nn lmiul m Hup vprtiin
- Th StiTP ftvP Will ha koi).I in nunrfn nrfliiiiM.i Trti-,,-, o?,? 1
i larto that of theKst weeklies now printed in the United States: in
-S size, it will be considerably larger than any newspaper now
published in Texas. Great care will be bestowed upon the style j
ana mecnanicat execution 01 tne worif; ana tne torm ami size
naopted, logeiner witti its regular publication at the seat oi govern
solute unchecked power is safe in the hands of any , f the popular will. A majority of the whole numl.n .
one set of representatives, or that the capacity of the elected to each i.ou-e -of Oongess constitutes-a quorms.,
people for self-government, which is admitted in its , and a majority of that quorum is competent to pass
broadest extent, is a conclusive argument to prove the laws. It might happen mat a quorum of the Ilousa of
prudence, wisdom, and integrity of their rcprcsenta- Ivepiecentativcs. consisting of a single member mo rc
tives.' than liaf of the whole number elected to that House,
The people, by the constitution, have commanded might pass a bill by a majority of a single vole, and
the President, as much as they have commanded the in that case a fraction more than one-lourth of the
legislative branch of the government, lo execute their people of the United States would be represented by
will. They have said To him in the constitution, those who voted for it. It might happen that the same "
which they require he shall take a solemn oath to bill might be passed by a majority of one, of a quorum
support, that if Congress pass any bill which he can- of the senate, composed of senators from the fifteen
not approve, "he shall return it to the House in which mailer States, and a single senator from a sixteenth
it originated, with his objections' In withholding Slate, and if the senalors voting for it happened to be
(rom U his approval and signature, he is executing the trom the eight ol the smallest 01 these States, it would
wiy,of the people-constitutionally expressed, as much he passed hy the voles 01 senators from States having
atfife Congress that passed it. .No bill is presumed'; but fourteen representatives in the house of Representa-
to be in accordance with the popular will uhtinFsliaTI"Jlives, and containing less than one-sixteenth of fhn t-
W-lnnt Tttl fOllrlai I? , AfMltn(1intlt .nn..ilfi.I n" v.nt. ii..lA1.1n
'"till, 111 ItllUtl il i V.UUtUlii:dl JCjIlOWUIJr 111 IIHICII VaillilUIC , I I I "fl
matter pertaining to u e au.it rs ol the S:ate, winch may be leadily j " niuciomca uuun uuuiaicu wji.i ic wuaiminuu
preserved, and filed or bound lor I'u'.iire reference. As the name ' or the public "Mod
imports, its columns writ oe especially uevotea to tne interes's ol i nnf :, i,.,- ,.,,. ..n-prj j,u Minsp
liriStlnnnonr.tnf Tv.e P,!..1nr ,M,.n,;.,n .;H1 ,-..., I llU II ''' "'CUl UlgCLl Oy UlOSe
- wjii.w uun 'WVfli. w . ,4A- J. Ul IIV.UIUI VV LAWKJtM li J iCi til
to an early, full, and faithful report of the proceedings of the L
gislatare. to the publication of the lawsimmediaiely after their
passage, and to the acts and measures of the Executive Adminis-
10 ohket to tlie
exercise of ibis undoubted constitutional power, 'hat
it assails the representative principle and the capacity
of the people lo govern themselves: that there is
ln-poliiics,thcSTATi:GAzsTTKwiHb;thoroHglilydemnfraiic; and 'greater salfty m a numerous lepresent.tUve body than
violence or in. the single Jjjxeculive created bv ihe constitution.
will advocate earnesUv and faiibiiilv, but without
vituperation, tlme doctrines and principles which lie at the found-
ation of our republican system, and on whivh rest tlie prosperit
and happiness ol the grat mats of the A"iericas people.
In addition to politics, both S'ate and Federal, the State Gazette
will contain full accounts of the current news, foreign and dome.s-
licj and likewise .elected articles, ftom the bal Sources, upon
morals, education, health,; agriculture, science, and the ails.
'Nothing in the nature of an attack- on private charaoer, or per
sonal aotise, win ever 02 admitted.
and !h:it the executive veto is a '-'one-man power."
despotic in its character. To expose ihe fallacy of
this objection, ii is only necessary lo consider the frame
and line character of our system. Ouis is not a con-
solidated empire, but a confederated Union. The
States, before the adoption of the constitution, were
have passed through, all tlie-branches ol ihe govern-j whole population of the United States. This e.x-
ment required by Ihe constitution to make it a law. i treme case is stated lo illustrate the fact, that the mere
A bill which passes the House of Representatives may -passage of a bill by Congress is no conclusive evidence
be rejected by the Senate; and so a bill passed by the ! that those who passed it represent the majority of
Senate may be rejected by the House. In each case, the people of ihe United States, oY truly reflect their
the respective houses exercise the veto power on the will. If such an extreme case is not likely to happen,
other. - , cases that approximate it are of constant occurrence.
Congress, and each House of Congress, hold under ! It is believed that not a single law has been passed
the constitution a check upon (he President, and he, since the adoption of the constitution, upon which all
by the power of the qualified veto, a check'upon Con- the members elected to both houses have been present
gress. When the President recommends measures to and voted. Many of the most importat acts which
Congress, he avows, in the most solemn form, his I have passed Congress have been carried by a close vote
opinions, gives his voice in their favor, and pledges ' in thin houses. "iMany instances of Ihis might be given,
himself in advance to approve them if passed by Con- j Indeed, our experience proves that many of themost
gress. If he acts without due consideration, or has ' important acts of Congress are postponed to the last
been influenced by improper or corrupt motives or , days, and often the lagiours of session, when they
if from any other causes Congress, or either house of are disposed of invhltand by houses but little ex-
Congress, shall differ with him in opinion, they excr-; ceeding the number necessary to form a quorum.
risolicir veto upon his recommendations, and reject ! Besides, in most of Ihe States, the members of the
them ; and there is no appeal from their decision, but House of Representatives are chosen by pluralities,
to the people at the ballot-box. These are proper j and not by majorities of all the voters in their respect
check's upon the Executive, wisely interposed by the live districts j and it may happen that a majority of
constitution. None will be found to object to them, j that house may be returned by a less aggregate vo'teiof
or 10 wisn mem removed, it is equally important : the people than that received by the minofit
that the constitutional checks of the Executive upon . If the principle insisted on be sound, then
K... 1 1 .:...! i
Dnrin:rTliesessiflnsoriliPT.eMainn..i1iPSTATcn.rrrriv;Hhp wui.iu-. cu-l'u.uij. uiiu si-ijiii.hu Uiurpeuuf'tll SOVer-
i-ssued at least twice a week. Fifty-two numbers will constitute a ; oignties. and by its adoption they did not lore thai
volume, for which the sub-criplion price will b five dollars. j character. Tll'ev clothed I he fodvi ai wovcrn meilt with
tiens, therefore, will not be received, nor advenement;i inserted,
ynless p-iidfor, in advance, or the payment assumed by some'res-
jwnsioie resiaeiuoi mc uj oi aumiu. .mivenisenienis win oe
inerled at the usual rates.
.1 The namei oly-cribers should be accurately and legibly
uritten, and ihjVM-ofnce 10 which their pers are lo be sent par-
ticularly vpeeild. "An extrj number of copies will be printed, to
Supply subbers uho may desire lo ha'e the paper complete
from the cmmenccment-
Jln advance often per cent, will be made on all sums collected
irail pjul ovex.by agents. ,
,L . -' W. M. CUSHXEY.
jSuT JaniirT S, 18-19.
i&?'PfCiof the United Stales in his annual
iys$ige oT December oth. presents the followino- ar-
rwe ti 1- r
- x.--o- 1. I w' -"-' uiil iiv.
' . . 1.
A 4 jh conservative provision of our federal con
.TJljs; power conferred upon the President by the
s SlP'I,iJ subject ofTrim executive x
ir'igacidiD. -the 'careful perusal of every
srstaiiaTtivFTlviBTv and practical effiv.t of
own sovereignty: lo themselves. They guaided their
own rights as States and the rights ol the people, by
ihe very limitations which they'incorpora'ed into the
federal constitution, whereby the different departments
of the general government were checks upon each
other. That the majority should govern, is a general
principle, controverted by none: but they must govern
according to the constitution, and not according 'to an
undefined and unrestrained disciction. whereby they
j may oppress the minority.
Ihe people of the United States are not blind to ihe
fact that they may. be temporarily misled, and thai
their representative, legislative and executive, may be
mistaken or influenced in their action by improper
motives. They have therefore interposed between
themselves and the laws which may be passed by their
public agents, various representations, such as assem-
blies, senates, and governors in their several States;
n House of Representatives, Senate, and a President
of the UnitedSi,tcs The people can by jheir own
direct agency make no law: liorcan the House of Re
presentatives immediately elected by them : nor cat
the Icc-islaiivn branch should be preserved
If ft i)3 snia tlinhe representatives in the popular
branch of Congress are chosen directly by the people,
it is answered, the neonle elect the President. If both
stitution should be so changed that no bill shall be
come a law unless it is voted for by members repreT
seining in each house a majority of the whole people?
of the United States. We must remodel our whole
system, strike down and abolish not only the salutary
checks lodged in the executive branch, but must strike
out and abolish those lodged in the Senate also, and'
thus practically invest the whole power of the govern-
ment in a majority of a singleassembly a majority
2 doctrine of restriction upon legislative and I uncontrolled and absolute, and which may become
iVe power, whifc a well settled public opinion -despotic. To coufonn to this doctrine of the fighf 6T
louses represent the States ancUhe people, so does the
President. The President represents in ?he executive
department the whole people of (he United States, as
each member of the legislative department represents
portions ol them
majorities to rule, independent of the checks and limi
tations of the constitution, we must revolutionize our " " a
whole system. We must destroy the constitutional' . v
compact by which the several states agreed to form r ' .y
F'ederal Union, and rush into consolidation, whiclr -v
must end in monarchy or despotism. No one advo-
catcs such a proposition ; aud yet the doctrine main-
tained, if carried out, must lead fo this result."
One great object of the constitution .in conferring
upon the President a qualified negative u-pon the legis-
lation of Congr3ss, was to protect minurkies from in-
justice and oppression by majorities. The equality
of their representation in the Senate, and the veto powV
er of the President, are the constitutional guaranties
vvjiick-thc smaller states have that their rights will be
'respected. Without these guaranties, all their interest "
wouLd.be at the mercy of majorities in Congress repre-
tution. The vote of a senator from Delaware has
orll.it Y,mr-tf di lrrir 1,1 fP linnii !-. n'-iff Z .-.-. n . . .. ,.
i iitiiiu(.nui"lll.lll UUOIUM UI'UU lllli IIJUI. lliliJUl liltll
- wuauw.. "n. "u imiuc UU1..UIU11&, uunnst my line senate: nor can hotn t-wet her. tvithnnt t . m,t nn-iiwi,,,,.!.,. ir -cr..i..
administration of the executive department of tlf m. ,,..,,,, ,!, p;,!, ? . ,' Jr 7 1 T.r'V "rr"lr. """ U1U Wl "l " ,1UIU1 i,uul .M.uu x u,h utI"' rePe
vcniment,dcemeditmy.!iHvtocxercis6:andoi,lT,isibohiS ' iwu-u,,iu, oi anu yet me one represents a oiaie containing accor- ate; and They a
ed inannronnale in review the nrinrmln ml nn. ?i7 ; r, -IzTlV? .u&l!t.?'eiG Cl sc.,olls .o P'f the population of the other. By the conslitu- passed, his object
sideraroffs.wlHclihnvevnrnfirl mir nrtinn LuZ, ..rr'l'T11 nna ln dc,e- tioual composition ol the senate, a majority ol that body by a vote of two
this the more ncce-irv ber-nr nfior M Z i, "f ? i ,i i ' -. , , IL,SI!ll,on. U'W have from the smaller Stales represent less than one fourth condition they h
uiii uiu tnoie nccesary. oecause. alter the lanse ot fenced them around wi h dpcrc tn n-n-i.., :... .... .r.i i r.T. tt.-... n, ... ....! ; .
noi .iu.civi.r ,-nnr.. ;.,. it. ,. i . c .i .- ,. v, . --. i jjii-uu uiiiai me ui uiu uv.u j u oi mu union. l nere are unriy oiaies: i comnact to whicti
Z" lL ,J5 "rn2'.,lriS?,2! L"'...T.? ""; elle1?.of has'r ""' "f erlor 0combin.lion, mi of .-u,d u,rder .1,. dd. uppor.ionn.ont of represent.-,: I SWll ta
iipn, ine-propriety 01 tne exercise ol tins undoubted possible corruption. Error, selfishness, and faction
constitutional power ny ihe President has for the first have often sought to rend asunder this web ofcheckV
lime oeen drawn seriously in question by a portion of and subject tin: government to the control of faintic
my feUow-citizens.. , and siljisler influences: but these efforts have only
I ho consiitution provides that "every bill which satisfied the people of the wisdom of the checks which
shaJl have passed Ithe, House of Representatives and the they have imposed, and of the necessity of nrcservino-
-;- , - - www...w .. ii. uo yi uctll luu IU
rne.i'resiaeui or the united. states: it he approves he
xhall sign it, but if not, he shall return it with his
objection", to that house in which it shall have ori-
ginated, who shall enter the objections at large on
their journaland proceed lo reconsider it."
TJe preservation of the constitution from infrac-
tion, is the President's highest duty. He is bound to
discharge that duty, at whatever hazard of incurrino-
thcr .displeasure of those who may differ with him in
opinion. He is bound to discharge it, as well by his
obligations to the people who have clothed him with
hisrexalted trust, as by his oath of office, which he may
not disregard. Nor arc the obligations of the Presi-
dent in any degree lessened by the prevalence of views
The true theory of our system is not to govern by
the acts or decrees of any one set of representatives.
The constitution interposes checks upon all branches
of the government, in order to give time for error to be
corrected, and delusion to pass away; but if the peo-
ple settle down into a liim conviction different from
that of their representatives, they give effect to their
opinions by changing their public servants. The
checks which the people imposed on their public ser-
vants in the adoption of the constitution; are the best
evidences of their capacity for self-government. They
know that the men whom they elect to public stations
are of like-infirmities and passions with themselves.
and not to be trusted without being resiiicted I r r
.diuerent irom his own m one or both houses of Con-' ordinate authorities and constitutional limit-uinn
gress. It is not alone hasty and inconsiderate legisla-1 Who that has witnessed the legislation of Congress for
Hon that he is required to check: but if at any time j the last thinv years, will say that he knows of no, iu-
Congress shall, after apparently full deliberation, re-! stance in which measures not demanded by the public
solve on measures which he deems subversive of ihe good, have been carried ? Who will deny that in the
constitution, or of the vital interests of the country, it i State governments, by combinations of ' individuals
is, his solemn duty to stand in ihe breach and resist ! and sections, in derogation of the general interest
them. The President is bound to approve, or disap-' banks have been chartered, systeuuTof internal im-
prove, every bill which passes Congress and is pre- provement adopted, and debts entailed upon the peo-
sented to him for .his signature. The constitution pie, repressing their growth, and impairing their ener-
makes this his duly, and he cannot escape it if he gics for years to come ?
nould. He has no election. In deciding upon any B After so much experience, it cannot be said thatab-
is enabled within a reasonable time to accomplish its
ends, has made our country what it is, and has opened
to us a career of glory and happiness to which all
other nations have been strangers.
In the exercise of the power of the veto, the president
is responsible not only to an enlightened public
opinion, but to the people of the whole Union, who
elected him, as the representatives in the legislative
branches, who differ with him in opinion, are- respon-
sible to the people of particular Stales, or districts,
who compose their respective constituencies. To
deny to the President the exercise of this power,
would be to repeal that provision of the constitution
which confers it upon him. To charge that its exer
cise unduly controls the legislative will, is to complain
ot the constitution itself.
If the.qjesideh'lial veto be objected to upon "the
ground that it checks and thwarts the public willupon jgeiTTmgghe larger states. To the smaller and weaker
ihe samcMirinciple tlie equanty of representation of the Utates. therefore, the.ureservalion of this nowpr nnrT ir
Stales in the Seinte should be striken out of the consti- -exercise Hooa..nroner nnmsinns demnnrlino- 'ii ; of.
vital importance. TlfeyCrafffied the constitution. and
entered into the Unionsecuring to themselves an.
scmauon wun tne larger states in the sen.-
greed to be bound by all laws passe'l by
ic express condition, and none other,
I be approved by the President, or
ions to the contrary notwithstanding.
-thirds of both houses. Upon this,
ave a right to insist, as a part of the,
they gave their assent.
passed by Congress against the will'
of the whole people oPrt particular slate, and .against t
the votes of its jsenators arfd all its representatives.
However prejudicial it might be to the interest of such
stale, it woulcl be bound hy it if the President shalL
approve it, or it should be passed by a vote of two-
thirds of both houses ; but it has a right to demand
that the President shallexercisc his constitutional pow-
er, and arrest it, if his judgment is against it. If he
surrender Ibis power, or fail to exercise it In a case
lives, there are two hundred and thirty members; and
yet the senators from these states constitute a majority
oniie Senate. So that the President may recommend
a measure to Congress, and it may receive the sanction
and approval of tnoie than ihref-fourths of Ihe House of
Representatives, and of all the senators from the large
Stales, containing more than thee fourths of the whole
population of-the United States: and yet the measure
may be defeated by the votes of the senators from the
"" I I C A A A Za 1 I 1
smaller States. None, it is piesumed, can be found where he cannot aonrove. it would innlm hi fnrmni
ready to change the organization of the Senate on this approval a mere mockery,' and would be itself a viola-
account, or to strike that body practically out of exist- lion of the constitution, and the dissenting state would
ence. by requiring that ils action shall be conformed become bound by a law which had nof been passed
to the will of the more numerous branch. Upon the accoiding to the "sanctions of the constitution,
same principle that the veto of the President should be The objection to the exercise of the veto power is
practically abolished, the power of the Yice President j founded upon an idea respecting the popular will
lo give the casting vote upon an eaqual division of the j which, if carried out, would annihilate state sovereio-n-Scnate
should be abolished also. The Yice President ty, and substitute for the present federal government
exercises the veto power as effectually by rejecting a j a consolidation, directed by a supposed numerical ma-
hill by his casting vote, as the President does by rcfu- j jority. A revolution of the. government would be si-
sing to approve and sign it. This power Juts been lentfy effected, and the states would be subjected to
exercised by the Vice President in a few instances, the t laws" to which they had never given their constitution-
most important of which wtts the rejection of the bill ' al consent. " a -to
recharter the bank of the United States in 1311. j The Supreme Court of the United States is invested
It may happen that a bill may be passed by a large with the power to declare, and has declared acts of
majority of the House of Representatives, and may H , Congress passed with the concurrence of the Senite
supported by the senators from the larger States, and the House of Representatives, and the approval of the
the Vice President may reject it by giving Ins vote : President, to be unconstitutional and void " and vet
with the senalors from the smaller Stales; and yet none, it is presumed, can be found who will' be dis
none, it is presumed, are prepared' ro deny to him the ' posed lo strip ibis highest judicial tribunal midpr U,p
exercise of this power under the constitution. , consiitution, of this ackuo'w!ed-cd r0wcr-a nower
Rut it is, in point ofet, untrue that an act passed by j necessary alike, to its hulenendence and t!i rHns of
Congress is conclusive evidence that it is an emanation individuals. '
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The Texas Democrat (Austin, Tex.), Vol. 1, No. 1, Ed. 1, Saturday, January 27, 1849, newspaper, January 27, 1849; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48383/m1/1/: accessed April 26, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.