The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-10-05

i Yet, confessedly on all hands, the President
was not nominated or elected on pledge 10 this
particular form of bank, or 10 any bank
Nor did the Wing party come into power in
virtue Of such pledge.
In refusing 10 sign those bills, then, he vio-
lated no engagement, and committed no act of
perfidy in the sense Of forfeited pledge.
II those Bank bills were, by a distinct under
standing before the election, or in any other way,
the sole and exclusive essence Of Whigism,
then there would be something Of plausibility
in this charge Of perfdy TO the party. But, in
any, the strongest point OF view, they were but
| one Wing measure among many.
| OF thrty-one Wing measures, member Of
the party concurs in thirty, but disapproves one.
Is he for that cause TO be unchmched? Surely
not; for if so, there are few who could stand
the test And yet that is the precise fact in this
matter, so far as regards the President.
| But, in this particular, the President, as an
upright man could do no otherwise than he
did. He conscienliously disdpprored those
bills And The Constitution, which he was
sworn to obey, commands him, expressly and
peremptorily commands him, if he do not ap-
prove Of any bill presented to him for signature,
TO return it 10 the house of Congress IN which
il originated. IF he approve he shall sign II
II not, he SHALL return it," are the words OF the
Constitution. Would you, as consideration,
men yourselves, forbid the President of The
United States TO have conscience
In fact, if he had approved the Fiscal Agent
bill, he would have been quite singular in that,
for nobody else did
But it is said, the constitutionalily OF Ma
tional Bank is closed question, decided by the
Supreme Court Of the United States and by
successive Presidents Of the United States.
This assertion is great error. What has
been thus decided is simply this:
There is, in the Constitution, no express pow
er 10 incorporate Bank
But if the National Legislature be of opinion
that particular description Of Fiscal Agent,
called Bank, is necessary and proper to the
execution of any Of the powers granted TO Con-
gress in the Constitution then Congress pos
sesses the power to create such Fiscal Agent.
The Supreme Court have decided that the
Legislature is the constitutional judge of the
fact OF the necessity and proprieiy OF such
Fiscal Agent.
If The Legislature by their action, in their
incorporation of such Fiscal Agent, declare
the opinion that such agent is necessary and
proper for the execution of some express power,
then the Supreme Court deduce, as a corollary
from the fact so declared, the legal consequence
of the constitutonality of such agent.
In the given case, the Legislature is 10 look
into the bill proposed and see whether the agent
created by il is necessary and roper one
The Senate is to do this on its responsibility. "
The House is TO do this. The President is TO
do this. And ifthey concur in the opinion, then,
by the decision of the Supreme Court, the con
stitutionality of the agent so created follows as
| a consequence.
| Ii has not been decided, either by the Su-
preme Court or by the action of any past Pre-
sident of the United States, that any bill what
ever, no matter what its contents, TO which the
title BANK is gwen, does by virtue Of that
title become of necessity constitutional. On
the contrary, the name Of the agent determines
nothing. The quantity and quality Of its pow
| ers-the nature of the functions bestowed upon
it-their necessity and propriety, as well Tin the
detail) at the precise time, as (by princlple) in
general, all these are questions OF fact and
right, to be examined in each case of proposed
| bank, and to be examined by the President as
| well as by the two Houses of Congress.
| And these are questions which, when they
arise in the given case, to be considered
well by the President as by the members of
| Congress, in obedience to THEIR conscientious
CONNECTIONS of the force of the Constitution
Their judgment of those questions is nowise
precluded or excluded by the fact that the Su-
preme Court has passed on the general question
of the consttutionaity of a Bank. On the con
trary, such judgment is deferred to and i'm
posed upon them by the very decision Of the
Court itself. Such judgment of those questions
by them. upon their consciences, is the constl-
tutional means, and the only means, OF ascer-
tanning the premises out of which, when
ascerlained, the Supreme Court is to draw the
consequ nee of the constitutionality of Bank.
| The not perceiving, or, percelvlng, the re
glecting to act upon, these plain truths, was the
cause of many errors at the late session of Con
gress
| IL induced members, instead OF looking into
and examining the particular poners of the
proposed Fiscal Agent, and showing their ne
cessity and propriety as the essential elements
of the conclusion OF constltutonality in the
given case,-it induced them, taking for granted
them to expend all their efforts in arguing the
false idea that the question could not and must
not be looked into or examined at all.
Their minds dominated by this sophism, and
having adopted as the rule of their own action
the theory of denegation of reason and self
qualification which il implies, il is not strange
that they assumed the same rule as applicable
TO the President
In refusing thus to shut his eyes, and in
scrutinizing the true question, that, namely, of
the necessity and propriety Of each and all of
the proposed powers of the Bank in the given
case, the President, instead of acting in conflict
with the decisions Of the Supreme Court, did
in fact tread in the very path, and aim at the
very mark, which those decisions prescribe.
| But, il is said, the Bank question, at the pre-
sent moment has been decided by the Wing
| party, ana The PRESIDENT ouSht 10 nave conform
ed himself TO that decision. To which, if it
were so, it is obvious to reply, that no determi-
nation of party can settle constitutional ques-
ton, or preclude question Of conscience.
1t is, also, incompatible with the fact that, on
Tuesday, the 18th of August, as it is said by
the Secretary Of War, the President expressed
to him doubt as to any bill -
That, at the very abinetmeeting itself as the
Secretary of the Treasury declares, the Presi
arpl 81 WI wi ol
should be postponed till the next session Of Con
gress' =
That if, at any moment before the Fiscal
| Corporation bill was moved in the House Il