The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-10

1871. The following correspondence ensueu
between the President and the Secretary of the
Treasury:
"Wednesday Morning, 23d Feb, 1891
Sra have this moment received your sentiments
with respect the consttutionalty of the bull IN
corporate the subscribers to the Bank Of the United
States
This bill was presented to me by the joint Commit
tee Of Congress- at IL O'Clock on Monday, the l4th
instant In what precise period by legal interprets-
ton OF the Constitution can the President retain it
in his possession before il becomes law by the lapse
Of ten days
GEO WASHINGTON.
To the Secretary of the Treasury,
February %, 1871
STA: In answer TO your note of this morning, just
delivered To me, give it my opinion that you have
ten days exclusive of that which the bill de-
vered to YOU and Sundays; hence, in the present
case il is returned Friday, at any time while
Congress sitting it will be in time.
Ii mi ght be question, if returned after their adj
lournment Friday.
have the honor 10 be, with perfect respect sir,
Your most obedient servant
A. HAMILTON
To the President of the U. S.
The bill was signed on the 25tb, being the
! lth day after lis presentation. So long had the
President retained il, the apprehension of a veto
became very general and, after the 10th day
had elapsed, il is said that one Of the Commit
tee on Enrolled Bills waited upon General
Washington, and very eagerly exclaimed Now
we have you !" The bill has become law
by the Constitution y But the President that
day finally decided to sign the bill, and returned
IT accordingly. The President had great diff
cultes in regard TO ii, and veto message was
actually prepared by Mr.. Madison, by request,
and is now extant
The bill TO renew the charter of the old Bank
IN 1911, was defeated by the casting vote Of
George Clinton. The remarks addressed to the
Senate by him on the occasion were prepared,
II is said, by a distinguished member Of the
present Senate who took prominent part
against the bill in the debates at that time Mr.
Clinton said, among other things, lin the course
of a long life, ! have found that Government is
doubtful powers, but by wise and energetic
execution of those which are incontestible."
The charter Of the Bank of 1915 passed Con-
gress on the goth of January, and was retoed
by President Madison on the Both Of the same
month.
The charter Of the Bank Of 1916, passed
Congress on the 9Th Of April, and was approved
by the President on the 10th of the same
month.
The bill TO renew the charter Of the same
Bank was presented TO President Jackson on the
4th Of july 1882, and was retoed by him on
the 10th Of the same month.
While the charter of 1871 was before Presi-
dent Washington for consideration, he equired
the opinions in writing of his Attorney General,
(Mr Randolph,) Of the Secretary of State,
Mr. Jefferson j and, both reporting the act to
be unconstitutional the President called for the
opinion Of the Secretary of the Treasury, (Mr.
Hamilton.) This was adverse to the first two,
and contributed to induce the President to sign
the bill
Mr. Jefierson's opinion was concluded with
the following paragraphs relative to the veto
power:
The negative Of the President is the shield pro-
vlded by the Constitution TO protect against the in
vaslons of the Legislature LIST. The rights of the EX
ecutiye. 2, OF the Judiciary. Sd OF the States and
State Legislatures The present is the case of right
remaining exclusively with the States, and is conse-
quenty, OF those intended by the Constitution to
be placed under his protection
Ii must be added however, that unless the Presi-
dents mind, on view of every thing which is urged
far MI III I. I'll. -. :.
authorized by the Constitution; if the pro and the
con hang even TO balance his judgment, just
respect for the wisdom OF the Legislature would natu
rally decide the balance in favor Of their opinion il
is chiefly for cases. where they clearly msled by
error, ambition, interest, that the Constitution has
placed a check in the negative of the President
The charter of the Fiscal Bank which passed
Congress on the 9th inst, was presented to
President TYLER on Saturday, the 7th, at about
l o'clock, p. M.
The latest expressions of Mr. TyLERs views
IN regard TO National Bank are contained in
letter written last October in reply to interoga-
tories put HIM by snndry voters of Henrico Vir-
gnla during the canvass for Electors of Presi4 |
dent and Vice President of the u S. The |
POI boh VI tht ioNtti VIZ diuut W Was DIS IOOWS
" In reply 10 the first branch Of your inquiry, |
quote and adopt the language of Gen Harrison in tn
speech delivered at Dayton: "There is not in the
Constitution any express grant of power for such pur
pose and could he constitutional to exercise
that power, save in the event the powers granted to
Congress could not be carried into effect without re-
sorting to such institution" The latter branch Of
your inquiry is fully answered by my answer the
first part he Constitution confcrs on Congress in
express terms, all powers which are necessary and
To Ia he ura MI I