The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-09-14
FROM TIE NEW YORK HERALD
VETO MESSAGE.
To The House Of Representatives, OF The United

States.
1t is with extreme regret that l feel myself
constrained by the duty faithfully to execute
tho office of President of the United States,
and to the best of nv ability ''to preserve, pro-
tect and defend the constitution of the United
states. % to return to that House in which it
orig;nated the bill 'to provide for the better
collection, safe-keeping and disbursement of
the public revenue by means of corporation,
TO be styled the Fiscal Corporation of the Uni
led States" with my written objections.
In my message sent to the Senate on the
18th day of August last, returning the bill ''to
incorporate the subscribers TO the Fiscal Bank
of the United States distinctly declared
that "my own opinion has been uniformly pro-
claimed to be against the exercise of the pow
er Of Congress to create National Bank to
operate per Sc over the Union, and entertain
ing that opinion, my main objection to that
bill was based upon the highest moral and re-
iigious obligations of conscience and the Con-
stitution.
| readily admit, that, whilst the qualified Veto
with which the Chief Magistrate is invested,
should be regarded, and was intended by the
wise men who made it part of the Constitu-
hon, as great conservative principle of our
system, without the exercise of which, on i'm
poTtant occasions, a mere representative major
Ivy might urge the governnIent,in its Legislation
;,eyond the limits fixed by its trainers, or might
exert Its Just powers too hastily or oppressiveIy,
yet 1t is power which ought to be most eau
,iously exerted, and perhaps never except in
case imemlnently involving the public interest
or one in which the cath of the President, acting
under his convictions both mental and moral,
imperlousiy requires its exercise. In such
case he has no alternative. He must either
exert the negative power entrusted to him by
the Constitution chiefly for its own reservation,
protection, and defence, or commit an act of
gross moral turpitude.
Mere regard to the will of majority, must
not, in Constitutional Republic like ours,
control this sacred and solemn duty of a sworn
officer. The constitution itself regard and
cherish Us the embedded and written W Il of the
whole People of the United States 1t is their
fixed and fundamental law, which they unani-
Inously prescribe to the public functionaries,
their mere trustees and servants. This their
Fv'il, and the law which they have given US as
ne rule OF our action, has no guard no guaran-
Zee OF preservation, protection, and defence,
bit the oaths which it prescribes TO public Off
cers, the sanctity with which they shall relr-
,ously observe those oaths, and the patriotism /
.
ereignty, which has made the constitution su- !
pTeme. II must be exerted against the will of
Il mere representative majority, or not at all. |
It 10 alone in pursuance Of that will that any
measures can ever reach the President :; and 10
say that because majority in Congress have
PASSED bill the president should therefore
sanction IT. Is TO abrogate the power altogether,
and TO render IFS insertion in the constitution
,yOr, of ahSalnfa ctrnarcrocafiNn Tho 1lfy
Is to guard the fundamental will of the people
themselves from-in this case admit unnten-
tional-chanse or intracton by majority in
Congress; and in that light alone do | regard
the constitutional duty which now most r.
iuctant,y discharge.
Is this bill, now presented for M approval
CT disappToral. such bill as | have already
declared could not receive my sanction? Is
II such bill as calls fer the exercise Of the
negative power under the Constitution Does
Ii violate the Constitution by creating Ma
tional Bank to operate per Sc over the Unionl
Its title. In the first place, describes its general
character. 1t Is Gan act to provide for the
better collection safe keeping ard disbursement
ofihe public revenue by means Of a Cooperation
to be styled the Fiscal Corporation of the Uni
fed States" In style, then, it is plainly ma
tionai IN its character. Its powers, functions,
and duties, are these that pertain TO the cOliec-
ting, keeping, and dis6urSang the pubic reve-
nue.. The means by which these are 10 be ex-
crted, Is Cooperation to be styled the Fiscal
Corporation of the Uniied States. 1t is a cor
poration created by the Congress of the United
States, IN lis character Of national legisla-
ture Tor the Whole Union, TO perform the fiscal
purposes, meet the fiscal wants and exigencies.
supply the fiscal USES and exert the fiscal agen-
cies of the Treasury of the United States.
Such is its own description OF itself. Do
its provisions contradict lis own title? They
do not. 1t is true that by its first section it
provides that it shall be established in the Dis
trict of Columbia, but the amount of its cap
ital-the manner in which It's stock is 10 be
subscribed for and held-the persons and bod
les corporate & polite by whom its stock may
be held-the appointments ofits directors, and
their powers and duties-its fundamental ar
ticles, especially that to establish agencies in
any part of the Union-the corporate powers
and business of such agencies-the prohibi-
ton Of Congress 10 establish any other cor
po-ation, with similar powers. for 20 years, with
express reservation, in the same clause, to
modify or create any bank for the District of
Columbia so that the aggregate capital shall
not exceed five miliions-without enumera-
ting other features which are equally distinct
i've and MISUNDERSTANDING show that it
cannot be regarded as other than Bank of
the United States. with no power seemingly
more limited than have heretofore been grant
ed to such an institution. 1t operates per Sc
over the Union, by virtue of the unaided, and
in my view, as assumed authority, of Congress
as national Legislature, as distinguished from
Bank created by Congress for the District
OF Columbia, as the local legislature of the