, 1841-09-25
MESSAGE.
FROM THE PRESIDENT OF THE
UNITED STATES,

UNITED
RETURNING. WITH HIS OBJECTIONS, THE BILL
"To pruriae for the better collection, safe.
keeping, and discussing Of the public rere.
nue., by means Of a corporation, 10 be styled
tie Fiscal Corporation Of the United
Siates."-September 9, 184l.
To TIE House Of Representatives
of the United States:
1t is with extreme regret that ! feel myself
constrained, by the duty faithfully to execute
the office of President of the United, States
and to the best Of my ability to preserve
protect, and defend the Constitution OF the
United States, TO return to that House in
which it originated, the bill 'to provide for
the better collection, safe-keeping, and dis.
bursement of the-public revenue, by means
Of a corporation to be styled the Fiscal Cor
pora,ion of the United States," with my
written objections.
In nv 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. Upaed States" ] distinctly de-
cIared that nv own opinion had been uni
formly proclaimed to be against the exercise
sof the power Of Congress to create a Ma
tional Bank to operate per Sc over the Un-
ion;'' and entertaining that opinion, my man
objection 10 that bill was based upon the
highest moral and religious obligations OF
conscience and the Constitution. | readily
admit. that whilst the qualified reto with
which the Chief Magistrate is invested,
should he regarded, and was intended by
the wise men who made it a part oil the
Constitution. rs 4 great conservative prln-
ciple of our system, without the exercise oil
which. on important occasions, a mere repre-
sentative majority might urge the Govern
ment in its legislation beyond the mits tx
ed by is trainers, or might exert lis Just
powers too hastily or oppressively; yet, IT'S
a power which ought 10 he most cautiously
exer,ed. and perhaps never. except in a case
imminentlv involving the public interest, or
one in which the oath OF the President, act.
inc under his convictions. both mental and
moral. imperiously requires IFS exercise. In
such Il case he has no alternative.
He must either exert the negative power
in,rus,ed TO him by the Constitution chiefly
for It's own preservation, protect, and de-
fence. or commit an act of gross moral tur-
pi,ude. Mere regard 10 the WILL Of 4 MAORI
ty must not. in 4 constitutional republic like
ours. control this sacred and solemn duty OF
A sworn officer. The Constitution itself, !
regard and cherish. rs the embodied and writ
ten will OF the whole People OF the United
States. II is their fixed and fundamental
law. which they unanimously prescribe to
the uublic Observation-Disclosures mere trustees
and servants. This. their will, and the law
which they have given US rs the rule oil our
-. L. ~, ,,,arl N, ,r,rnT1ptpp Dl DTpSCI-
Walton. protection. and defence. but the oaths
which il prescribes 10 the public oihcers,
the ~sanc,itv with which they shall religious
lly observe those oaihs, and the patriotism
with which the people shall shield 1t by their
own sovereign will, which has made the
Constitution supreme. IL must be eXerted
against the vii! of Il mere representative ma
ioriiy, or not at all. Ii is alone IN pursuance
of that will that any measure can ever reach
the President; and TO say that because 4 ma
ioritv in Congress have passed 4 bill the
President should therefore sanction II, Is Ia
abrogate the power altogether. and 10 rem
der lis insertion in the Constitution 4 work
of absolute superrogatIon. The duty Is tc
guard The fundamental will OF the people
themselves from (in this case ! admit unlnten'
tionaD change or infractIon by a majority IN
Congress. And in that light alone, do ! re-
gard the constitutional duty which | no"
most reluctantly discharge.
Is this bill, now presented for my aPpro
val or d~isapproval, such a bill as ] have al
ready declared could not receive my sane
ton! Is it such a bill as calls for the exer
else of the negative power under the Constl
tutionl Does it violate the Constitution, by
5 creating a national bank. to operate per S,
over the Union' Its title, in the first plac,
describes its general character. 1t is Gan
act TO provide for the better collection, safe
keeping, and disbursement of the public reve
nue.. by means of a corporation, TO be styled
the Fiscal Corporation of the United States
In STYLE, then, it is plainly national in it!
character. Its powers, functions, and duties
are those which pertain to the collecting
keeping, and discussing the public revenue
The means by which these are to be exert
ed is a corporation, to be styled the Fisca'
CORPORATION of the United States. 1t is
corporation created by tho Congsess of the
; United States, in the character of a Nation
|, al Legislature for the whole Union, to per
t form the fiscal purposes, meet the ,fsca
wants and exigencies, supply the fiscal use'