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Thomas Hart Benton's Remarks to the Senate on the Expunging Resolution by Thomas Hart Benton
page 8 of 10 (80%)
reference of a law, not to a committee of the House, or of the whole
House, but to the committee of the whole Union. It is a recommitment
of the bill to the people, for them to examine and consider; and if, upon
this examination, they are content to pass it, it will pass at the next
session. The delay of a few months is the only effect of a veto, in a
case where the people shall ultimately approve a law; where they do
not approve it, the interposition of the veto is the barrier which saves
them the adoption of a law, the repeal of which might afterward be
almost impossible. The qualified negative is, therefore, a beneficent
power, intended as General Hamilton expressly declares in the
"Federalist," to protect, first, the executive department from the
encroachments of the legislative department; and, secondly, to
preserve the people from hasty, dangerous or criminal legislation on
the part of their representatives. This is the design and intention of the
veto power; and the fear expressed by General Hamilton was, that
Presidents, so
far from exercising it too often, would not exercise it as often as the
safety of the people required; that they might lack the moral courage
to stake themselves in opposition to a favorite measure of the majority
of the two Houses of Congress; and thus deprive the people, in many
instances, of their right to pass upon a bill before it becomes a final
law. The cases in which President Jackson has exercised the veto
power have shown the soundness of these observations. No ordinary
President would have staked himself against the Bank of the United
States and the two Houses of Congress in 1832. It required President
Jackson to confront that power--to stem that torrent--to stay the
progress of that charter, and to refer it to the people for their decision.
His moral courage was equal to the crisis. He arrested the charter until
it could be got to the people, and they have arrested it forever. Had he
not done so, the charter would have become law, and its repeal almost
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