The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-09-11
WHOLE NO. 500.


70 me call II was said, indeed, that there exsle,
some prospect Of efectng treaty with the Neapoli
tan Court but, as nothing had been done for year,
Pas', ne believed nothing would be done for years Il
come lie observed in the bill an item OF 81 500 fol
the outht OF a new Charge and why not continue
the individual already there7 Was there any charge
o. negligence or violation Of duty preferred against
MN All that Mr.. Mex. had heard was that he had
no,nng 20 90. But how could gentlemen who were
so oua 10 iavor OF retrenchment and reform come for
ware ana advocate an appropriation like this3
| ne PRESIDENTS Secretary having now made his
and there being great anxiety in expec,a
nv oI - ve.o Message Mr. Mex was interrupted
| Dy frequent CRIES of " Question question ri
And, ON motion Of Mr.. CUSHING
ne ne committee here rose TO receive message from
me PRESIDENT OF the United States transmitted by
'he IN hanns o. ROBERT TYLER, Esq his Secretary.
Inc President informed the House that he had ap-
proved and signed the following bills:
ne Dill making appropriations for various foriGca-
ions io ordnance and for preventing and suppressing
The bill granting the ranking privilege during life
70 Mrs Harrison, widow of the late President Of the
United States
The bill in relation to Greenough's statue of Wash
ington:
The bill making appropriations for the Post Office
~. FlscAL CORPORATION BILL.
And the President transmitted to the House the fol
l2wing message, in writing, which, motion Of Mr.
UNDERWOOD, was read
10 the House Of Representatives.
Of the United States:
IS with extreme regret that feel myself constrain.
ed by the duty faithfully to execute the office of Pre-
sldent OF the United States and to the best of my
ability to preserve protect and defend the Constitu-
ton Of the United States, return to the House in
which it originated the bill to provide for the better
collection, afekeeping, and disbursement Of the pub
lie revenue, by means of corporation to be styled the
Fiscal Corporation of the United States" with nv
written objections
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 Sates
distinctly declared that my opinion had been
uniformly proclaimed to be against the exercise of
the power OF Congress to create National Bank to
operate per 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 peto with which the Chief Ma
gistrate is invested should he regarded, and was 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
liked by its trainers, might its Just powers too
hastily or oPpressivey yet, it is power which ought
to be most cautiously exerted and perhaps never ex
cept in case imminently involving the public inte
rest or one in which the oath of the President acting
under his CONVICTIONS both mental and moral, mpe-
He must either exert the negative power infrusted
TO him by the Constitution chiefly for its own presei
walton, protection, and defence, or commit act of
gross moral turpitude. Mere regard to the will of
majority must not, in constitutional republic like
ours, control this sacred and solemn duty of
officer. The Constitution ITSELF regard and cherish,
as the embodied and written will Of the whole People
of the United States 1t is their fixed and fundamental
law, which they unanimously prescribe to the public
Observation-Disclosures mere trustees and servants
This, their will and the law which they have given
the rule of our action, has guard, guaran-
tee of preservation, protection, and Defence but the
oaths which it prescribes to the public officers, the
sanctity with which they shall religiousy observe
those oaths and the patriotism with which the people
shall shield j, by their own sovereign will which has
| made the Constitution supreme. II must be exerted
against the will Of representative majority, or
not at all 1t is alone in pursuance of that will that
any measure reach the President and to
say that because majority in Congress have passed
bill the President sould therefore sanction it, is
abrogate the power altogether and to render its inser
ton in the Constitution work Of absolute superero-
CATION. The duty is to guard the fundamental will
of the people themselves from Gin this admit
unntentionaD change or infracton by majority in
Congress. And in that light alone do regard the
constitutional duty which now most reluctantly dis
charge.
Is this bill, now presented for my approval or dis
approval, such 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 Constitution by
creating a National Bank to operate per the
Union Its title, in the first place. describes its ge
neral character. 1t s An provide for the bet
ter collection, sae-keepng, and disbursement of the
public revenue, by means of a corporation, to be
styled the Fiscal Corporation of the United States.
In style, then il is plainly national in its character
Its powers, functions, and duties, are those which
pertain the collecting, Keeping and disbursing the
public revenue. The means by which these are to be
exerted is corporation, to be styled the Fiscal Cor
pora,ion of the United States. 1t is corporation
created by the Congress of the United States, in its
character of National Legislature for the whole
Union to perform the fiscal purposes meet the fiscal
wants and e1gencies, supply the fiscal uses, and
ert the fiscal agencies of the Treasury of the United
States. Such is its own description of itself Do its
provisions contradict its title They do not. II is
true that by its first section it provides that j, shall be
established in the District Of Columbia but the
amount of its capitalize in which its stock
is to be subscribed for and hed,he persons, bodies
corporate and polite by whom its stock may be held
the appointment of its directors and their powers and
dutesits fundamental articles, especially that to es-
tablish agencies in any part of the Union-the corpo
rate powers and business of such agencies proh