"could be done with
some propriety and conscience; but having neither secretary, clerk,
messenger, assistant or other attendant, in public employ, at the
Executive office, . . . . I must respectfully decline a compliance with
your respectful request, and most respectfully invite your attention to
my communication of the 19th December last."
Two days later a committee of the House of Representatives headed by
James W. Grimes reported on the Governor's vetoes. They held that the
"various Executive vetoes" were not only uncalled for, but were
unwarranted by the Organic Act of the Territory. The phrase in the
Constitution which reads, "shall approve of all laws," is mandatory and
leaves the Executive without discretion. The committee took the whole
matter very seriously, believing that great principles were at stake.
"As representatives of the people," they declared, "we conceive
that we should be recreant to their rights and true interests, if we
should acquiesce in the 'veto power' as used by the Executive . . . . We
believe the people should be heard through those who represent them and
are responsible to them. That their wishes should be regarded, and not
the wishes of the Federal Government or a federal officer. We believe
the principle claimed by the Governor is a most dangerous and pernicious
principle, and as the representatives of freemen we cannot acquiesce in
it."
A week later the House "Resolved, That Robert Lucas is unfit to be the
ruler of a free people," and appointed a select committee to prepare a
memorial to the President of the United States praying for his immediate
removal.
The Council committee on Territorial Affairs was no less emphatic in its
condemnation of the "Executive Vetoes." They did not believe that
Congress in framing the Organic Act intended to confer the power of an
absolute veto upon the Governor. In their report of January 22, 1839,
upon the bill regulating the intercourse between the executive and
legislative departments, they exclaimed: "It is time to remonstrate. The
liberty of the people should be dear to their representatives, and he
who DARES not defend their sacred rights, who would not, in the hour of
peril, stand as a sentinel to guard their privileges, is unworthy the
name of a freeman."
In the meantime the Legislative Assembly had prepared a memorial to
Congress requesting an amendment to the Organic Act which would
limit the Governor's veto power.
The Governo
|