A Biography of Henry Clay, the Senator from Kentucky: Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq.
History
A Biography of Henry Clay, the Senator from Kentucky: Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq.
Clay, Henry, 1777-1852; Speeches, addresses, etc., American
Efforts were made to postpone and amend the bill, but it was so ably
enforced, and the objections to it so completely refuted, that it
passed the senate by a vote of twenty to eighteen, on the third of
July. The house, in regard to some of its provisions, disagreed, and
this circumstance enabled its enemies to postpone its consideration,
until December, next following, by a vote of ninety-one to eighty-eight.
At the next session it was taken up and passed, by votes of twenty-four
to twenty in the senate, and ninety-six to forty in the house, and sent
to the president for his signature. Had he returned it immediately,
even with his veto, it would have become a law, according to the
constitution, requiring a vote of two thirds; but, unfortunately for
the country, the president’s constitutional privilege of retaining
bills a designated length of time, did not expire until after the
adjournment of congress, which gave general Jackson an opportunity
of taking the business of legislation out of the hands of the people,
which he eagerly embraced――to trample this bill, as Mr. Benton
exultingly said, ‘under his big foot,’ although he knew it expressed
the obvious wishes of the people. He, therefore, kept the bill,
until the commencement of the next session, (fifth of December, 1833,)
when he returned it to the house, with his objections. He regarded
Mr. Clay’s proposition of giving a certain per centage of the sales
of the public lands to the states in which they were located, as an
‘indirect and undisguised violation of the pledge given by congress to
the states before a single cession was made, abrogating the condition
on which some of the states came into the union, and setting at nought
the terms of cession spread upon the face of every grant, under which
the title of that portion of the public lands are held by the federal
government.’ In close connection with his objection to surrendering
a _part_ of the public domain to the several states, as mentioned,
came his proposal to yield them the _whole_. To grant them a _part_,
would be unconstitutional; but to grant them the _whole_, would be
constitutional. This reasoning is perfectly _sui generis_; presenting
a singular specimen of _logic and consistency_ united. It behoved the
president to support his veto by some prop, but no person supposed
he would select such a crooked and frail one. The fact that he did,
shows how long and tedious must have been his wanderings through the
political forest, with his executive axe upon his shoulder, in search
of a straight and firm one. The truth of the whole matter probably is,
that the veto originated more from his personal hostility to Mr. Clay
himself, than from any valid constitutional objection to his land bill.
This view of the subject receives strong confirmation, by a reference
to his message of December fourth, 1832. In this, the president
_specifically recommended_ the basis of _just such a bill_ as that
introduced by Mr. Clay.
Public-domain text, read in full here on John Shaqi.
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