Lexington union. (Lexington, Miss.) 1838-18??, 1841-10-02
PRESIDENTS VETO NO 2.

"TyIsr too' to The Fiscal Corporation.
To the House of Representatives
ofhc United States.
II iswith extreme regret that feel my
self constrained, by the duty faithfully to
execute the Office Of President Of the
UnNed States, and to the best Of my
ability to "preseTve, protect and defend
the Constitution Of the United States" to
return to the House, in which il origlnat~
ed, the bill "to provide for tue better col
lection, safe-keeplng and disbursement of
the puIc revenue, by means Of corpora.
ton to be STYLED the Fiscal Corporation of
the United States" with my wHttcn OBJ
iecuoHs.
10 my message sent TO the Senate on
the 18th day OF August last, returning the
bill "lo incorporate the subscribers u the
Fiscal Bank of the United Safes" ! dis
Docdy declared that my own opinion had
been uniformly proclaimed to be against
the exerciae " of the power OF Congress to
create a National Bank to operate per- sc
over the Unlon;" and, entertaining that
opinion, my main objection TO that bill was
| based upon the highest moral and religious
obligations OF conscience and the Const-
tutIol. readily admit, that whilst the
qualified reto with which the Chief Ma
gIslrate Is invested should be regarded, and
was intended by the wise men who made
1t a part Of the Constitution, as a great
conservative principle OF our system, with
out the exercise of which, on Important
occasions, a mere representative majority
might urge the Government in its Ieglsla-
non beyond the limits fixed by It's trainers,
or might exert It's Just powers too hastily
or oppressivcly; yet it Is power which
ought 10 be most cautiously exercised, and
perhaps never, except In case emneniIy
involving the public interest, or one III
which the oath Of the President, acting
under his convictions, both mental and
moral, imperiously requires its exercise
In such a case be has no alternative
He must either exert the negative power
entrusted to him by the Constitution chief.
" for its own preservation, protection, and
defence, or commit an act of gross moral
turpi,udc. Mere regard to the will of &
majprity must net, IN constitutional re,
public like ours. control this sacred anC
solemn duty OF sworn officer. Tht
Constitution itself regard and cherish as
The embodied and written will of the
whole people Of the United States. II i,
their fixed and fundamental law, which
they unanimously prescribe to the public
lunclionaries-tb their mere trustees and ser.
wants. This, their will, aud the law
which they have given us as The rule al
our action, mas no guard, no guaranty Of
preservation, protection aud defence, but
The oaJhs which prescribe to the public
officers. The sauctity with which they
shall religiously observe these oaths, and
: the patriotism with which the people sha
shield it by theirown sovereign will. which
has made the Constitution supreme. i
must he exerted against the will OF mere
2 representative majorIty,or not at all. Is
. alone in pursuance of that will that any
? measure can reach the President; and Il
0 say that because a majority in Congress:
have passed bill the President shoulC
p therefore sanction it, is to abrogate tht
power altogether, and to render its inser
) ton in the constitution a work Of absolute
y supererocalion. The duty is to guard thu
e fundamental will Of the people themselves
= Irom lin this case | admit uuintenlonal
= change or niraclion by majority in Con
e gress. And in that light alone do regar,
+ the constitutional duty which | now mos
reluctantly discharge.
Is this bill now presented for my ap
prevail or dsappr6yaI, such bill as hav
already declared could not receive m
sanction? H. it such bill ms calls for tn
exercise OF the negative power under tn
Constitution? Does it violate the Constr
, tuition BY creating National Bank to op
! era,e pcr SC over the Union? lis title, i
he first place, describes its general char
lacter Ii is "an act to provide for tn
better collection, safe keeping and dsburs
h ment Of the public revenue, by means of
/, CORPORATION, to be styled the Fiscal Cor
= poratioa of the United States. 10 style
. then, it is plainly national in its character
Il lis powers, functions and duties are lhos
: which pertain to the collecting keeping &
y disbursiag the public revenue. The mean
l. by which these are to be eXerted is
n CORPORATION to be styled the Fiscal CorPo
= ration of the United States" 1t is a col
poration created by the Congress of tn
Y United States, lnis character OF Nation
e al Legislature for the whole Union, t
II perform the f.caI purposes, meet the fsco
d wants and exgencies, supply the fSco
j. uses, and exert the fiscal agencies of tn
Treasury Of he United States.
nf al