The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-09-11
And the question being on conc0ning with the So

/ the Outnt OF new Sudfge, anu why HUI cOnuhut
the individual already there Was there any charge
of negligence or violation of duty preferred against
| him All that Mr. Nick. had heard was that he had
nothing to do. But how could gentlemen who were
SO loud in favor of retrenchment and reform come for
ward and advocate an appropriation like this2
THE Presidents Secretary having now made his
appearance and there being great anxiety in e1Pecta
ton of Veto Message, Mr.. Mex was interrupted
| by frequent cries of Question question !''l
| And, on motion Of Mr.. CUSHING,
The committee here rose to receive message from
the President of the United States, transmitted by
| the hands Of RoBERT TYLER, Esq his Secretary.
The President informed the House that he had ap-
proved and signed the following bills: III. =.
The bill making appropriations for various fortihca'
tons fol ordnance and for preventing and suPPressng
Indian host Utilities; n"
The bill granting the thanking privilege during LIE
to Mrs. Harrison widow Of the late President OF the
United States. .... .
The bill in relation to Grsenough's statue of Wash,
| ington;
! Department. ,a s.r.
FIscAL CORPORATION BILL.
And the President transmitted to the House the fol-
lowing message, in writing, which, on motion OF MI
UNDERWOOD, was read: ...
To the House Of Representatives
Of the United States ..a..."
1t is with extreme regret that feel myself constrain
ed by the duty faithfully to execute the Office Of Pre-
sident of the United States, and to the best of my
ability to preserve, protect and defend the Consu
ton of the United States, to return to the House in
which it originated the bill to provide for the better
collection safskeeping and disbursement Of the pub
lie revenue, by of corporation to be styled thu
Fiscal Corporation Of the United States" with ny
written objections. saa .la g..-,g#.f
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,
distinctly declared that my own opinion had been
uniformly proclaimed to be against the exercise Of
the power of Congress to create National Bank ia
operate per Sc over the Union and entertaining that
opinion my main objection to that bill was based up
on the highest moral and religious obligations of con-
science and the Constitution. readily admit that
whilst the qualified psto with which the Chief Ma.
gistrate is invested should be regarded, and in
tended by the wise men who made it part of the
Constitution, as great conservative principle of our
system without the exercise of which, on important
occasions mere representative majority might urge
the Government in its legislation beyond the limits
fixed by its framers or might exert its just powers too
hastily oppressvely; yet, it is power which ought
to be most cautiously exerted and perhaps never
cept in case immnently involving the public nte-
rest in which the oath Of the President acting
under his convictions both mental and moral, impe-
ously requires its exercise. In such he has nc
alternative. # 5Est,4 s-s.E.. 4.
He must either exert the negative power intrusted
TO him by the Constitution chiefly for its presei
walton, protection, and defence, or commit an act o
gross moral turpitude. Mere regard to the will Of
majority must not, in constitutional republic iik
ours control this sacred and solemn duty of
officer The Constitution ITSELF regard and cherish
as the embodied and written will Of the whole Peop
of the United States. II is their fixed and Fundamental
law, which they unanimously prescribe to the publ
/ functionaIies-their mere trustees and servants
This, their will, and the law which they have give
Us as the rule of our action, has guard guaran
tee of preservation protection, and defence, but tn
a oahs which it prescribes to the public officers, tn
sanctity with which they shall reigiously observ
those oaths and the patriotism with which the peop
shall shield it by their sovereign will, which ha
made the Constitution supreme Il must be e1erte
against the will Of representative majority,
not at all 1t is alone in pursuance Of that will thu
any measure can ever reach the President; and |
say that because a majority in Congress have passe
bill the President saould therefore sanction it, is
abrogate the power altogether and to render its nse
ton in the Constitution work of absolute superert
CATION. The duty is to guard the fundamental wi
Of the people themselves from Gin this case adm
j unintentionaI change or infraction by majority
Congress. And in that light alone, do regard th
constitutional duty which now most reluctantly d
charge.
Is this bill, now presented for my approval or dil
approval, such bill as / have already declare
could not receive my sanction Is il such bill a
calls for the exercise Of the negative power under th
Constitution Does it violate the Constitution b
creating National Bank, to operate per tn
Union Its title in the first place, describes its &c
neral character is An act TO provide for the bel
ter collection, safekeeping, and disbursement of tn
public revenue, by means of corporation, to b
styled the Fiscal Corporation Of the United State.
In style, them il is plainly national in its character
Its powers, functions, and duties, are those whic
pertain to the collecting, keeping and Disturbing tn
public revenue. The means by which these to b
exered is corporation, to be styled the Fiscal Cor
poration Of the United States. II is corporation
created by the Congress Of the United States in it
CnaIaCtcI VI lNduoDhi LeglsiatuIe loI the WHOM
Union, to perform the fiscal purposes meet the sea
wants and exigencies supply the fiscal uses, and ex
ert the fiscal agencies of the Treasury of the Unet
States. Such is its own description of ITSELF Do il
provisions contradict its title7 They do not II i,
true that by its first section provides that it shall b,
established in the District Of Columbia, but tn,
amount OF its capitalize manner in which its stool
is to be subscribed for and held-the persons bodies
corporate and polite, by whom its stock may be held
the appointment of its directors and their powers ane
dutesits fundamental articles especially that to es
tabIish agencies in any part Of the Unionhe corpo
rate powers and business Of such prohi
bton of Congress to establish any other corporation
with similar powers for twenty years, with express
reservation in the clause to modify or create AM
bank for the District Of Columbia so that the sggre
gate capital shall not exceed five millions; withou
enumeratng other features which are equally dstinc
t;,. acferiafic oarlv .h,r, Al