The Presidential Veto - 1840 - 1865 — Parks, Presidents and Parks

Presidents increased their use of the veto in the years leading up to and including the Civil War.

Several ‘firsts’ occurred during the Presidency of John Tyler in the 1840’s. The slogan ‘Tippecanoe and Tyler too’ became the first memorable campaign slogan. He became the first Vice President to become President after William Henry Harrison died 30 days after his inauguration. Tyler established the principle that the Vice President becomes the actual President, not just the acting President. He was the first President to be investigated for potential impeachment by Congress. Finally, Tyler was the first President whose veto was overridden by Congress. Tyler, a member of the Whig party, vetoed several bills supported by his party. One regarded the establishment of a National Bank and one related to tariff levels. He felt these laws exceeded the authority granted to the government by the Constitution. As both issues were part of the Whig party platform, he was expelled from the party. His cabinet quit. And Congress considered a resolution to impeach him. One of the proposed counts - “I charge him with an arbitrary, despotic, and corrupt abuse of the veto power…” Eventually, a House of Representatives committee produced a report criticizing Tyler but did not recommend impeachment. Late in his term, Tyler vetoed a minor bill related to the building of ships. This was the first veto overridden by Congress.

Ten years later, during the 1850’s, Congress overrode five of President Pierce’s nine vetoes, becoming one of only two Presidents with an override rate of over 50%. (Who was the other one? Stay tuned to a future post.) All five related to funding improvements in rivers and harbors. Pierce vetoed them on the same grounds as prior Presidents: the Constitution does not allow Congress to fund ‘internal improvements,’ especially ones of a local nature. All five were overridden. Generally representatives from the North voted to override the vetoes, while representatives from South voted to sustain them. To protect slavery, the Southerners wanted a strict interpretation of the Constitution, hence their votes to limit Congress’s powers.

One of Pierce’s vetos is of interest. In 1854 Congress passed a bill entitled “An act making a grant of public lands to the several States for the benefit of indigent insane persons." Dorothea Dix, a social reformer, led an ambitious reform effort for the care of the mentally ill. After years of lobbying by her and others, Congress passed a bill granting ten million acres of public land (a bit bigger than Massachusetts) to support the mentally ill. Pierce was sympathetic to the goals of the bill – “I have been compelled to resist the deep sympathies of my own heart in favor of the humane purpose sought to be accomplished and to overcome the reluctance with which I dissent from the conclusions of the two Houses of Congress…”

He felt this bill was beyond the scope of the Federal Government. Pierce also was concerned that if the Federal government helped these people in need, it would expand to help anyone in need: “The question presented…is the constitutionality and propriety of the Federal Government assuming to enter into a novel and vast field of legislation, namely, that of providing for the care and support of all those among the people of the United States who by any form of calamity become fit objects of public philanthropy… I cannot find any authority in the Constitution for making the Federal Government the great almoner of public charity throughout the United States.”

James Buchanan, the last President prior to the Civil War, vetoed seven bills, none overridden. His reasoning in one is still relevant today. The bill funded a water project in the State of Michigan. He identified the expenditure as what today we could call an ‘Earmark’ or ‘Pork-Barrel’ project. His veto message included this statement: “What a vast field would the exercise of this power open for…corruption! Members of Congress, from an honest desire to promote the interest of their constituents, would struggle for improvements within their own districts, and the body itself must necessarily be converted into an arena where each would endeavor to obtain from the Treasury as much money as possible for his own locality. The temptation would prove irresistible. A system of " logrolling " (I know no word so expressive) would be inaugurated…” Unfortunately, over 150 years later, Congress still passes ‘Pork-Barrel’ projects.

Congress attempted to override two of Buchanan’s vetoes: the Homestead Act (granting federal land to settlers) and the Land Grant Colleges Act (provided land for colleges). Most of Congress voted to override these vetoes but failed to achieve the necessary two-thirds super-majority. His vetoes were sustained primarily by Southern representatives and senators who were concerned that slavery would be prohibited in those lands.

The Homestead Act provided 160 acres of Western land for five years at no charge to settlers. After five years, if they farmed the land they could purchase it for an 80% discount over the normal prices for selling government-owned property. Buchanan objected to it on several grounds. He felt people should not be given a handout: “The honest poor man, by frugality and industry, can in any part of our country acquire a competence for himself and his family, and in doing this he feels that he eats the bread of independence. He desires no charity, either from the Government or from his neighbors. This bill, which proposes to give him land at an almost nominal price out of the property of the Government, will go far to demoralize the people and repress this noble spirit of independence.”

Congress passed both the Homestead and Land Grant College Acts again in 1862. They were signed into law by President Lincoln. By this time the Civil War was raging and there were no Southerners in Congress to oppose the legislation.

Stamp honoring 100th anniversary of the Homestead Act

Lincoln had a serious disagreement with Congress over plans for reconstruction of the Union. Lincoln was lenient, allowing Confederate States back into the Union upon 10% of the voters signing a loyalty oath. Congress wanted a tougher standard of 50% along with some other provisions. This tougher bill, known as the Wade Davis Act, was vetoed by Lincoln, one of his seven vetoes.

Andrew Johnson became President upon Lincoln’s assassination. He was to set a record for the most vetoes overridden.

(Click for Part 1, Part 3, Part 4, Part 5, and Part 6 of this series)

(to be continued)