Mobile daily commercial register and patriot., 1841-09-20
MIR. TYLER'S VETO, "NO. H."


 MIR. TYLER'S VETO, "NO. H." To the House of Representatives. o hs United States
 It is with extreme regret that l feel myself con strained, by the duty faithfully to execute the office of President of the United States, and the best of my ability to preserve, protect, and defend the Con stution of the United States, return the House in which it originated, the bill ''to provide for the better collection, sate-keeping and disbursement of the public revenue, 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 to incorporate the subscribers to the Fiscal Bank of the United States, l distinctly declared that my own opinion had been uniformly proclaimed to be against the exercise ''o the power of Congress to create National Bank to operate per xe :he Union; and entertaining that opinion, my main objection to that bill was based up the highest moral and religious obligations of con science and .he Constitution. l readily admit, that whilst the qualified pfo with which the Chief Ma gisrate Is invested, should be regarded and n tended by the wise men who made It part of the Constitutions as great conservative principle of our system, without the exercise of which, important occasions, mere representative majority might urge the government in it's legislation beyond the limits fixed hy its fralners might it's just powers too hastily or oppressivey; yet, il is power which ought to be most cautiously exerted, and perhaps CT, except in case imminenty involving the public interest, in which the oath of the President, acting under his convictions, both mental and moral. lmperlousy requires its exercise In such he has alternative.
 He must either exert the negative power intrr,sted to him by the Constitution chiefly for preser- vation, protection and defence, comuit act of gross moral terpituCe. Mere regard the will of a majority must not, in a constitutional republic like ours, control this sacred and soemn duty of officer The constitution itself, regard and cherish, as the emhodied and written will of the whole people of the United States It is their fixed and fundamen- tai law, which they unanimously prescribe to the pub lie unctionaries-their mere trustees and servants. l This, ther will, and the law which they have given | us the rule of our action has guard, no guar antee Oi preservation protection and defence, but the baths which it prescribes to the public officers the | sanctty with which they shall regously observe those oaths, and the patriotism with which the people shall shield it by their sovereign will, which has made the Constitution supreme. It must be exerted | against the will of mere representative majority, or not at all. 1t Is alone n pursuance of that will | that any measure reach the President; and to say that because majority m Congress have pass ed bill the President should therefore sanction it, to abrogate the power altogether, and render its insertion in the Constitution work of absolute sn- pererogation. The duty is to guard the fundamental will of the people themselves from Gin this case ad- init unnentionaD change or iutraction by majorit, | in Congress. And in that hght alone, do l regard the constitutional duty which now most reluctantly | discharge.
 Is this bin, now presented for my approval dis approval, such bill have already declared could uol receive my sanctonl Is it such bill calls | for the negative power under the Constitution Doe. | it violate the constitution by creating National Bank, to operate per over the Union? It's title,
 the first place, describes it's general character. IL is "An act provide for the better colection safe keeping and disbursement of the pubhc revenue, b, means of corporation, to be styled the Fiscal Corpo- ration of the Unied Mates" In style, then, il is plainly national in it's character Its powers, func tions, and duties those which pertain to the col iecting ke'piag aud disbupeing the public revenoe. | The means by which these 10 be exerted is q corporations be styled the Fiscal Corporation of the UNifed Sfates. It Is a corporation created by the Congress of the United States, in its character of National Legislature, for the whole Union, to per. form the fiscal purposes, meet the fiscal wants and exigences supply the fiscal uses, and the sca agencies of the Treasury of the United Smtes.- Such IS ,ta own description of itself Do it's provis
 ions contradict its titlel They do not. It is true that by it's first section, provides that shall be established in the District of Columbia, but the mount of it's capital-the manner which the stock is to be subscribed for and hed-the persons, bodies corporate and polite by whom its stock may be held
 the appointment of it's directors, and their powers and dntles--its fundamental articles, especially that to establish agencies in any part of the Union-the corporate powers and business of such agencies-the prohibition of Congress to establish any other corpo | ration with simi lar powers for twenty years, witI express reservations in the same clause, to modif, | or create any hank for the District of Columbia, SC | that the aggregate capital shall not exceed five mill
 ions; without enumerating other features which are equally distinctive and characteristic, clearly show l that 1t cannot be regarded other than Bank o the United States, with powers seemingly linn. tied than have heretofore been granted to such an | institution. 1t operates per the Uuon, by virtue of the unaided, and in my view, assumed au thority of Congress National Leg islature, as dis l tingushable from bank created by Congress for the District of Columbla, us the local Legislature o the District. Every United States Bank heretoiors created has had power deal in bills of exchange as well as in local discounts. Both were trading privileges conferred, and both were exercised, by virtue 0f lhe aforesaid power of congress over the | whole Union, The question of power remains un- changed, without reference ihe extent of privilege granted. If this proposed corporation is to be re- garded a local Bank of the District of Columbia, invested by Congress with general powers to operate oyer the Union, it is obnoxious 10 still stronger ob- jectiona, It assumes tha, Congress- may invest To- cal institution with general or national powers With the same preprety that it may do this in regard to bank of lbe District of Columbia, it may as to State hank. Yet who can indulge the idea that this government can righ,la9y, by @aking a State bank it's fiscal ngent, invest it with the absolute and qualified powers conferred by this b,lli When l come to look at the details of the bill, they do moi l recommend it strongly to my adoptlon A brief nos tice of some of it's provisions will suffice
 lst. It may justify substantially system of dis count ot the most objectionable character. It is to deal in Bills of Exchange drawn in one State and payable in another, without any restraint. The bill of exchange may have unlimited time to run, and its renewability is no where guarded against, It may in fact, assume the most objectionable form of accommodation paper It is not required to rest on any actual, real or substantial exchange basis. A drawer, in one place, becomes the acceptor in ano- lher, and 80 in turn the acceptor may become the