Page:Debates in the Several State Conventions, v4.djvu/43

.] either lose a vote if he was not permitted to vote on every occasion, or if he was, he might, in some instances, have two votes—that the President was already possessed of the power of preventing the passage of a law by a bare majority; yet laws were said not to be made by the President, but by the two houses of Congress exclusively.

Mr. LENOIR. Mr. Chairman, I have a greater objection on this ground than that which has just been mentioned. I mean, sir, the legislative power given to the President himself. It may be admired by some, but not by me. He, sir, with the Senate, is to make treaties, which are to be the supreme law of the land. This is a legislative power given to the President, and implies a contradiction to that part which says that all legislative power is vested in the two houses.

Mr. SPAIGHT answered, that it was thought better to put that power into the hands of the senators as representatives of the states—that thereby the interest of every state was equally attended to in the formation of treaties—but that it was not considered as a legislative act at all.

Mr. IREDELL. Mr. Chairman, this is an objection against the inaccuracy of the sentence. I humbly conceive it will appear accurate on a due attention. After a bill is passed by both houses, it is to be shown to the President. Within a certain time, he is to return it. If he disapproves of it, he is to state his objections in writing; and it depends on Congress afterwards to say whether it shall be a law or not. Now, sir, I humbly apprehend that, whether a law passes by a bare majority, or by two thirds, (which are required to concur after he shall have stated objections,) what gives active operation to it is, the will of the senators and representatives. The President has no power of legislation. If he does not object, the law passes by a bare majority; and if he objects, it passes by two thirds. His power extends only to cause it to be reconsidered, which secures a greater probability of its being good. As to his power with respect to treaties, I shall offer my sentiments on it when we come properly to it.

Mr. MACLAINE intimated, that if any gentleman was out of order, it was the gentleman from Wilkes (Mr.