Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-09-16
Message rroEa tle President
OF sgae United States,

TO the House Of Representatives. Of he
United States:
1t is with extreme regret that feel N.Y.
self constraint d, b. the duty iai,hfuily 10
execute the Office Of Prcsid Mt Of the
United States, nnd to the best III my abl.
NY TO preserve, protect, and defend the
Constitution of the United States, 10 re-
turn to that House in which il originated,
the bill ITO provide for the better colec-
tion, safe keeping, and disbursement, OF
the public revenue, by means Of corpo.
ration to be styled the Fiscal Corporation
Of the United States" with my written
objections.
la my message sent TO the Senate on
the 10Th day Of August last, returning
the bill 'to incorporate the subscribers 10
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 a National Bank 10
operate per SC over the Union;" and en-.
ieriaiDEg that opinion, my main objection
TO that bill was bas d upon the highest
moral and religious obligations of con-
science and the Constitution. ] readily
admit, that willis, the qualified reto with
which the Chief Magistrate is invested,
should be regarded, and was intended by
the wise men who made it part OF the
Constitution, es a great conservative prln.
clple of our system, without the exercise
of which, on important occasions, n mere
represe ntative majority might urge the
Government in its legislation beyond the
limits fixed by its trainers, or nigh, exert
It's just powers too hastily or oppressIvely;
yet, II is power which ought to be most
cautiously exerted, and perhaps never,
except in case Imminenlly involving the
public interest, or one in which the oath
oil the President, acting under his convic-
tons, both mental and moral, imperiously
require its exercise. In such case he
has no alternative.
He must either exert the negative pow.
er intrusied to him by the Constitution
chiefly for its own preservation, pro,ec-
ton and defence, or commit an act o
gross moral turpi,ude. Mere regard t,
the will OF majority must not, in con
siitutonal republic like ours, contlol thi'
sacred and solemn duty of sworn officer
The Constitution itself regard and cher
ish, as the embodied and written will o
the whole people Of the United States. L
is their fixed and fundamental law, which
they unanimously prescribe to the public
iunctionaries-iheir mere trustees anc
servants. This, their will, and the law
which they have given US as the rule o
our action. has no guard, no guarantee o
preservation, protection and defence, bu'
the oaths which il prescribes TO the public
officers, the slnc,ty with which they shal
religlously observe those oaths, and III,
patriotism with which the people shal
siielj it by their own sovereign will
which has made the Constitution supreme
II must be exert, d against the will OF 1
mere representative majority or not az all
II is alone in pursuance of that will tina
any measure can ever reach the Press
dent; and to say that because q mai rity
in Congress have passed bill the Presi
dent should theteiore sanction it, is I;
abrogate the power altogether, and t'
render its insertion in the Constitution
work Of absolute suPererogation. Th'
duty is to guard the fundamental will o
the people themselves from lin this case
admit uEin,en;ionaD change or in!rantlon
by majority in Congress. And in thai
light alone, do regard the constitutional
duty which now most reluctantly dis
charge.
Is this bill, now presented for my np.
pfoval or disapproval, such bill as
have already declared could not receive
my sanction Is it such bill as calls
for the exercise of the negative power I'M
der the Constitution 7 Does il violate tht
Constitution, by creating national bank
TO operate per Sc over the Union ! It's ii.
tie, in the first place, describes its genera
character. ii is An act to provide foI
the better collection, safe.keeping, and
disbursement Of the public revenue, by
means of a corporation, to be styled tho
Fiscal Corporation Of the United States.
In style, then, it is plainly national in its
character. Its powers, functions and du.
Ties, are those which pertain TO the collect
ing, keeping and disburs,ng the public rev.
enue. The means by which these are ia
be exerted is n corporation, to be styled
the Fiscal Corporation ofthe United STATES.
1t is corporation created by the Congress:
of the UnNed States, 10 the character OF Il
National Legislature for the whole Uuion
to perform the fiscal purposes, meet the
fiscal wants and exigencies, supply the ifs
cal uses. and exert the fiscal agencies OF
the Treasury OF the United States. Such
is its own description OF itself. Do its pro-
visions contradict its title ? They do not.
1t is true, that by its first section, it pro.
vides that it shall be established in the
District Of Columbia, but the amount Of
It's capitalize manner in which its stock
is TO be subscribed for and held-the per.
sons. bodies, corporate and polite, by
whom its stock may be held-ihe appoint
ment Of it's directors, and their powers and
dutes-its fundamental articles, especial.
~ that to establish agencies in any par'
81 the Union--ihe corporate powers anc
business of such agencies--the prohibition
of Congress to establish any other corpo
ration with similar powers for twenty
years, with express reservation in the
same clause, to modify or create any banI
for tho District Of Columbia, so that the
aggregate capital shall not exceed five
millions; without cnumerating other fea
lures which are equally distinctive ane