The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1841-09-18
PRESIDENT !TYLER'S SECOND
VETO
MESSAGE.
'e House Of Representatives.
aef the United States

tied States, and to the best Of my ability
sto preserve, protect and deielh the Con-
. cstitution CT, the United States, to return, to
the House in which it originated, the bill
''|To provide for the better collection, safe
keeping and disbursement of the bubble
iRevenue by means of corporation, to
be styled 'lhe Fiscal Corporation of the
United States," with my written obec-
tiions +,
I'm my Message sent to the Senate on
'the 10th day of August last, returning the
'5lll 'ETo incorporate the subscribers to the
Fiscal Bank O.. the United S!ates," | dis
tlnetly declared that my own opinion had
been uniformly proclaimed to be against
S!he exercise -'of the power of Congress to
creature National Bank to operate per
Sc over the Union" and, entertaining that
opinion, my main objection to that bill
was based upon the highest moral and
religious obligation of conscience and the
Gonslmlion. i readily admit that whilst
the qualified reto with which the Chief
Magistrate is invested should be regarded
land was intended, by the wise men who
.ssmade tia part OF the Constitution, as
great conservative principle of our system
without the exercise Of which, on impor.
'.ant occasions; mere representative ma
.I.orlty might urge the government in its
Legislation beyond the limits fixed bv its
trainers. or mig exert its jus. powers too
Hastily or oppressively; yet, it is power
(which ought to be more cautiously ex-
'crled and perhaps never, except in case
'emnently involving the public interest, or
zone III which the oath of the Pre- ,ident ac-
ting under his convictions both mental
and moral, imperiously requires its exer-
to!se. in such case he has no altcrna
I've. lie must either exert the negative
power entrusted to him by the Constllu
':'on chiefly for It's own preservation, pro-
lection and defence, or commit an act of
moral turpitude. Mere regard to the will
toi majority, must not, in constitution
al Republic like ours, control this sacred
and solemn duty ola sworn officer. The
'Constitution itself, regard and cherish
as the embodied and written will of the
whole people of the United States. It is
their fixed and fundamental law, which
they unanimously prescribe to the public
'hlnchonarics-their mere trustees and SER
warts. This, their will, and the law, which
they have given us as the rule of our
action; has no guard, no guarantee of pre-
e. .servatlon, protection and defence bat the
oath which it prescrbes to the public of
fieers, the sanctity with which they shall
religlously observe those oahs, and the
patriotism with which the people shall
shield it by their own sovereign will.
(which has made the Constitution supreme.
1t must be executed against the will of
"a mere representative majority-or not at
all. 1t Is alone IN pursuance of that will
that any measure can reach the President.
and to say that because majority in Con-
gress have passed bill, he should there
fore sanction it, is to abrogatc the power
altogether, and to render its insertion in
the Constitution n work of absolute suner-
'eroga'lon. The duty is to guard the fun
'damenlal will Of the people themselves
irom-in this case admit uninentional-
change or infraction, by majority in
Congress. And in that light alone do /
regard the Constitutional duty which
NOW must reluctantly discharge.
Is this bill now presented for my appro-
val or dlSapproval, such bill as have al
ready declared could not receive nv sane
tlon2 Is it such Il bill as calls for the ey-
erclsc OF the negative power under the
Constitution Does it violate the Cons,-
tuition, by CREATING National Bank to OBJ
crate per SC over the Union? It's title, in
tho first place, describes its general char
acter. 1t is San act to provide for the bet
ter collection, safe keeping and disburs.-
ment oflhe puDHc revenue" by means Of
"a corporation to be styled the Fiscal Cor
foralion OF the United States. In STYLE
then, 1t is plainly national in its character,
Its powers, functions, and duties are those
which pertain to the collecting, keeping.
and disbmsing Of the public lcverue.
The means by which these are 10 be en-
erted is corporation 10 be styled the Els
cal Corporation of the United States. j.
rs a corporation created by the Congress
"f tho United States, in its character of a
National Legislature, for the mhoie Union
to perform the .Gscal purposes, to meet
the fiscal wants and exigencies, supply the
Hsedf uses, and exert the fiscal ager e,cs of
the Treasury of the United States. Such
is its own description of itself.
DO Its provisions contradict its titlc?-I
They DO not. 1t is true that by the first
section it provides that it shall be cstab
llshcd in the District of Columbia. .but
The amount Of its capital--the manner in
which its stock is to be subscribed for and
heid-lhe persons and bodies corporate
ana polite by whom its stock NAV be
held--thc appoin,mon, Of J;ro,,,
'hefr Powefs and dutcs-its lundaneN-
tal ar'clcs-cspecally that to establish,
agencies i'll any part of the Union-,bo