The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1841-09-15
70 the House Of Representatives Of the
United States:

United States:
tits with extreme regret that feei 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
Constitution of the United .Stales," to re.
turn to the House, in which it originated,
the bill to provide for the better coIIectioa'
safe keeping, and disbursement OF the
public revenue, by means of corpora
lion to be styled the Fiscal Corporation Of
.rhe United S.ates," with my written OBJ.
jeetions.
In,my message sent to the Senate on
the 18th day of August last, returning the
bill 'so incorporate the subscribers 10 the
Fiscal Bank Of the United States," dis.
tinclly declared that my own opinion had
been uniformly proclaimed to be against
the exercise ''of the power Of Congress to
create a National Bank to operate per Sc
over the Union;" and, entertaining that
opinion, nv main objection TO that bill
was based upon the highest moral and re-
ligious obligations Of conscience and the
Constitution. readily admit, that whilst
the qualified peto with which the Chief
Magistrate is invested should be regarded,
and was Intended by.the wise men who
made il part of the Constitution. as
good conservative princip pile Of our system,
withou, the exercise Of which, OF imPor-
tant occasions, mc-e representative ma
iority urge the Government in its lrglSla-
zion bey md the limits fixed BY its trainers,
or might exert its first powers too hastily
or .oppressively; yet it is iower which
ought to be most cautiously exerted. aud
perhaps never, except in a case eminently
involving the public interest, or one in
which the oath Of the President, acting
under his convictions both mental and no.
raj, imperiously requires its exercise. In
such case he has no alternative. fie
must either exert the negative power en-
trusted to him by the Constitution chiefly
for its own preservation, prnteclIon' and
defence, or commit an act of gross moral
1urpitude. Mere regard to the will of
majority must not, in constitutional re.
public like ours, control this sacred and
solemn duly Of sworn officer, The Com
stituiion itself regard and cherish as the
embodied and written will of the whole
people OF theUni'eh States. 1t is their
fixed and fundamental law, which they
unanimously prescribeno The public func.
tionaries-their mere trustees and servants
This, their will, and the law which they
have given us as the rule Of our action,
has no guard, no guaranty of preservation,
off hpf ho he
which it prescribes to the public officers,
the sanctity with which they shall reli-
giously 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. ltmust
be exerted against che will Of mere re-
preventative majority, or not al all. III is
alone in pursuance Of that will thatan
measure can reach the, President; and to
say that because a-majori,y in Congress
have passed bill the. President should
sanction 1t, is to abrogate the power alto
ge,her, and TO render its insertion in the
Constitution a work of absolute supere-
erogation. The duty is to guard the fun
damen.al will of the people themselves
from (ia this. case admit .unintenti"nal)
change or infraction by majority,in Cm-
gress. And in that light alone do i re-
gard ahe constitutional duty whichd now
most relucsantly discharge.
Is this bill now presented, for my ap-
provaI or disapproval, such a bill as have
already declared could not receive my
sanction? Is it such bill as calls for the
exercise Of The negative power under the
Constitution? Does it violate the Constitu-
.ion by creating National Bank to ope.
rate per- Sc over the Unionl Its title in the
first place, describes its general character.
1t is "an act 10 provide for the better col
lection, safe keeping and disbursement of
the public revenue, by means of corpora
tion to be s,yledthe Fiscal Corporation Of
the United States" In style, then, it is
plainly national in its character. Its pow
ers. functions and duties arc those which
pertain to the collecting keeping and dis.
burslngthe pdB+ic revenue. The means
by whicht these are.to be exertpd is'a cnt-
poration.' styled the Fiscal corpora
lion "f the United States. II is corpora.
ton created by the Congress of the United
States, in its character of National lie.
gisla.ure Of the whole Union, TO perform
the fiscal purposes, meet the fiscal wants
Il