Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-09-25
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES,

THE PRESIDENT OF THE UNITED STATES,
| RETURNING WITH MS OBJECTIONS, THE BILL
60 To provide for the better collection, safe
keeping, and disbursement Of The public req
enue, By means of Corporation, to be
styled the Fiscal Corporation of the United
StateS."-September 9, lS4l.
To The House Of Representatives. Of the United States:
1t is with extreme regret that feel my
self constrained, by the duty faithfully to
execute the office of President Of the Uni
ted States, and to the best of my ability to
preserve, protect, and defend the Consttu-
ton of the United States, to return to that
House in. which originated, the bill " to
provide for the better collection, safe-keep-
ing, aud disbursement of the public reven-
tie, by means OF corporation to be styled
the Fiscal Corporation Of the United
States" with my written objections.
In my message sent to the Senate on the
10th day of August last, returning The bill
Is to incorporate the subscribers to the Fis-
cal Bank of the United States" | distinct
ly declared that my own opinion had been
uniformly proclaimed to be against the ex-
ercse 'of the power Of Congress to create
National Bank to operate per Sc over the
Union;" entertaining that opinion, my
main objection to that bill was based upon
the highest moral and religious obligations
of conscience and the Constitution.
readily admit, that whilst the qualified ceto
with which the Chief Magistrate is invest
ed, should be regarded, and was intended
by the wise men who made it a part of TIE
| Hnps,it,,t;pn cnp ~
| cipIe Of our system, without the exercise
of which on important occasions, mere
representative majority might urge the
Government in its Legislation beyond the
limits fixed by its trainers, or might exert
its just powers too hastily or oppressively;
yet, it is power which ought to be most
cautiously exerted, and perhaps never. ex-
cept in a case iminenty Involving the pub
lie interest, or in which the oath OF the
President, acting under his convictions,
both mental and moral, imperiously requires
its exercise. In such a case he has no al
tentative.
He must either exert the negative power
intrusted to him by the Constitution chiefly
for its own preservation, protection and
defence, or commit an act of gross moral
turpitude. Mere regard to the will of a
majority must not, in a constitutional re-
public like ours, control this sacred and
solemn duty of IA sworn officer. The Con-
stitution itself, regard and cherish, as the
embodied and written will Of the whole
People of the United States. 1t is their
fixed and fundamental law, which they unan-
mously prescribe 10 the public functional
THAR and
This. their will, and the law which they
have given US as the rule OF our action, has
no guard, no guarantee of preservation,
rejection, and defence, but the oaths
which it prescribes to the public officers,
the sanctity with which they shall rell-
giousIy observe those oaths, and the patri
otism with which the people shall shield it
by their own sovereign will, which has made
the Constitution supreme. 1t must be eX-
erted against the will of mere represent
alive majority, or not at all. 1t is alone in
pursuance OF that will that any measure
can ever reach the President; and to say
that because majority in Congress have
passed bill the President should therefore
sanction it, is to abrogate the power alto
gether, and to render Its insertion IN the
Constitution work OF absolute superero-
CATION. The duty is to guard the iunda-
mental will of the people themselves from
lin this case admit unintentionaD change
or infraction by majority in Congress.
And in that light alone. do regard the con-
stltutonal duty which now most reluct-
antIy discharge.
Is this bill, now presented for my appro-
val or disapprovaI, such bill as | have al
ready declared could not receive my sane
ton? Is it such bill as calls for the exer-
else Of the negative power under the Con-
sttution? Does it violate the Constitution,
by creating national bank to operate per
Sc over the Union? Its title. in the first
place, describes its general character. 1t is
" An act to provide for the better collec
ton, safe. keeping, and disbursement of the
public revenue, by means Of a corporation,
to be styled the Fiscal Corporation of the
United States. In style, then, it is plainly
national in its character. Its powers, func-
tions, and duties, are those which pertain
to the collecting, keeping, and diSJursing the
public revenue. The means by which these
are to be exerted is corporation, to be
styled the Fiscal Corporation Of the United
States. 1t is "a corporation created by the
Congress Of the United States, in the char
acter of National Legislature Tor the
whole Union, to perform the fiscal purpo-
ses, meet the fiscal wants and exigencies,
supply the fiscal uses, and exert the .JiScai
agencies OF the Treasury of the United
States. Such is its own description Of it,