New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-08-24
Tur VETO POWER.

l ,la
Igarons and the reiuation OF such herev the
es|a-y In your article Of Wednesday, 18th inst the
The Presidents Veto YOU hastily, think assume that
the President integral portion Of the Legislative
Power in MS construction OF Constitution, nde-
pendent any previous adjudication by Supreme Court
The sound land ndsputabe y doctrine take 10 De this
The Constitution declares that in all questions arising under
provisions The Supreme Court shall decide Art III, sec
p Ii necessarily follows that when constitutional Prn-
cipe question, The decision of that Court shall be ma!
and binding and that the principle thu; settled shall be as
imperative and unqnesonabe thereafter other Prov-
OF the Constitution about which there las been no as
pute The adjudication becomes aad provision oil the
Constitution ane Is declared BY Court (Which Is the eH-
FOUNDER Of the Constitution and WHICH declared TO be s'c
eH under by the Constitution eI TO DC the rrsaHg and
only construction Of tte Constitution (Ait e, sec and
be The SUrREME LAW OF The LAND Il the Constr
tuition as thus asceraned and declared is unacceptable
those who have made it, (the people, the mode OF Its
amendment is distinctly provided Art. 81
The powers OF the President enumerated Gin Art H.
p and among them is Judicial power, or right TO re-
override the decisions of the Only tribunal which
the Constitution Itself recognises On the other hand the
President o.;h of efce Arr ,, 81 Is that he will
Faithfully execute the office of President of the T. States
and will the best Of his ability preserve, protect, and de-
.end tie Constitution of the United States What is Is
the Constitution may be fair question for his mind in
doubtful cases rher adjudication has been had according
the provisions the Constitution ITSELF but surely not
oferWardS. Any other principle would make 1t equally IN
curnbent him refuse the Executive ohcer 10 carr;
the COHst!tutondty OF
had been seteI by the Supreme Court II you say he ought
thus to refuse then follows that every Sheriff (wha the
Executive officer in ls County, might refuse to exc
process perform other oca duties, because his no
lions constitutional points differed from those OF own
supreme Court and ihs would he end OF all
ii might be very pleasant Sheriff Hart OF Ncw-lork or
Sheriff Striker Of Kings Co thus prove his consistency,
would be very unsafe for rights and NINE These
Sheriff., be remembered. have taken the oath to
port the Constitution the United States that President
Tyler has.
If YOU admit that in these positions. land ii
,ou den, that am so then the argument in detail will
ear be long for your columns it follows think TINT
your conclusions in the following passage are nnsound
The fact that the House the Senate and the President had
united pronouncng certain Bank IN 1916 was
held by the Supreme Court eynce concusivey that such
Bank necessary therefore Constitutional in the
listing circumstances of the Country and OF the Government
But does this establish that similar different Bank IL
necessary in 84 peremPoy that the President is not at
liberty consider the question We think one necessary
and Constitutional but because OF the Judicial de-
twenty odd years BIT ne doctrine nhich makes
Lc Pr<}e1f o1y0ral Of bs LicA hare passed Congress
matter Of COURSE heerer nets hare at former
eriod been pronounced by tie Courts COAutiono hocerer
sl Itself coarenie rs apcati0n as to our mind
Clearly at car5Gnce c5th the Constitution.
II by this you merely that the question of present
neceSSiiyhc question OF facts in reference TO
which the President may dissent from Congress- agree
Ith you but it, ntsrbe from the general scope OF
remarks that the President may retsse TO
sign bill because such bill is unconstitutional in his opin
m e necessity cxisling) Notwithstanding the decision TO
me contrary by the Court 1 respectfully dissent
The Supreme Court undertook 10 decide upon the
of but regarded the finding OF Congress
that point conclusive. They merely decided that it
competent for Congress incorporate Natons Bank
rih pocer 10 establish Branches The Loco Foco argu-
nent is that Notwithstanding the decision e the Cour
net competent for Congress do. This decision
given in great of " CuOcd the State Of Nary
anG, Wheat Rep G and the conclusion OF the decision
in these words:
After tue most deliberate consideration the unanimous
the Bank of the United States law made IN pursuance OF
the Constitution ami is part of the supreme law OF The land
The Branches proceeding from the stock and being
conducive TO tie complete accomplishment, of the object
equally constitutional would have been unwse 10 locate
them in the charter and would he unnecessarily
employ the legislative in making those subordinate
The duties of the Bank prescribed
those duties require Branches and the Bank itself may
think be safely with the selection of places where those
Branches shall be fixed reserving always the Government
the right require that Branch shall De located where
may be deemed necessary
The elaborate decson of which this is the conclusion,
in this by the ilusro Chief Justice MAR
SHALL entire reutaton of the whole Loco Foco doc
and your space will permit its republication your
readers would. be grateful for the instruction
which It's convincing argument carries with IT,
am that your remarks in the present in
tended mainly show the Constitutional right TO cstab
i.h a National Bank (rcsting enumerated power
conferred BY the Constitution, but the general authority
to make all laws which shall be- necessary and proper Tor
carrying into execution the foregoing powers Cart sec
8) the question OF necessity, and that the ffes-
ent Judge ct necessity well Us the TWO Houses
u the general idea conveyed by YOUR remarks above quoted
italics Gas well the main scope OF the Presidents Veto
Ncssagc} goes further and Justify the radical doc
irine an which think YOU unpepared for
You certainly right in saying that the quibbns Com
roiSe S. put by President tyler to sleep that
will be everlasting. 1t as also the fact that
weaker argument could hardly flowed from the pen OF
nv nan than thar which he distinguishes between bank
for discounts ard for exchanges As though tho pur
iue or sale bv the Bank bill drawn by residing
IN Walstree in Jersey City any less local dis
count ,han made by the IN Wal-street and
ndor>ed bv one on Harlem NEUTRALITY-SUSPICIOUS..
portion of the legislative power Art declares
power granted al be vested IN Con-
which she of Senate and House
tsreseu,atve Art Sc. provides that the PRECEDENT
nall sign approve bui he shall them with
ose lions The distinction be verbal, but may as
sell perhaps be observed
Remarks By The Editor.
As correspondent fully admits all that is necessary
establish the of essential position We have
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