Juliet signal. [volume] (Juliet [i.e. Joliet], Ill.) 1844-1???, 1848-12-12

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taxes asdirect levy uponsshe people, as is
the case in the States, this could not &C.
cur. /
The whole system was resisted from
Its inception by many Of our ablest states |
men, some of whom doubted its constits-
tionality. and expedency, while others be-
l-lieyed it was, in all its branches, a iagraRt
and dangerous infraction of the Consttu-
| ton. T/T TIT fEr1# HEHT
That a protective tariff levied not 10
raise the revenue, but to protect internal
improvements, distribution of the sales of
public lands, are measures without the
warrant of the Constitution, would upon
the maturest consideration, seem to be
clear. Ii is remarkable that no one of
those measures, involving each momen-
toas consequences, is aathoriGed by any
express grant of power in the constitution.
No one of them is incidental TO, or being
necessary and proper, the execution of
specific powers, granted by the constitu.
ton. The authority under which it has
been attempted, to justify each Of them, is
derived from inference and construction s
of the constitution, which its whole object
and design do not warrant; is it to be con-
ceived that such immense powers would
have been left by the trainers Of that con
stitution to inference and do1bifial con-
| stFections. Had il been intended to con-
fer them on the federal government it is
but reasonable to conclude that i: would
have been done by unequivocal grants
This was not done, but the whole structure
o which the American system consisted,
was reared on no other foundation shan
forced implications and differences, which
its authors assumed might be declared
from construction of The Constitution.
But it has been urged that the National
Bank, which constituted SO essential
branch of thst combined system, was not
q new measure and that its constitutional
ity had been previously sanctioned, be-
cause the bank had been chartered in 1871
and had received the official signature of
President Washington. A few facts will
show the just weight to which this prece.
dent is entitled, as bearing upon the ques-
ton of constitutionallty.
Great division of opinion upon the sub
ject existed in Congress. 1t is well
known that President Washington enter
tanned serious doubts both upon the con-
sututionality and expediency Of the meas
ure; and while the bill was before him, for
his official approval or disprrval, so great
were those doubts that he required the
opinion of his Cabinet to aid him in aiming
at a decision, His Cabinet gave their u
Plnion and were divided upon the subject.
Gen Hamilton being in favor, and Mr..
Jefferson and Mr.. Randolph being oppo-
sed to the constitutionallty and expedien-
cy Of the bank. 1t is also we'll known
that President Washington retained the
bill from Monday, the l4th, when it was
presented to hin, until Friday, the 25th
of February, being the last moment per-
mitted him by the Constitution to delibe-
rate, when he finally yielded to it his re-
luctant assent, and and gave it his sigma
ture.
is certain that as late as the 23d of
February, being the ninth day after the
bill was presented to him, he had arrived
at no satisfactory conclusion, for on this
day he addressed note to Gen. HAMIL-
TON, in which he informs him '1his bill
was presented me by the joint committee
Of Congress, at IL o'clock, on Monday,
the l4th, inst" and he requested his opin-
ion as "lo what precise period, by legal
construction OF the constitution, can the
President retain it in his possession before
it becomes law by the lapse of days"
Ii the proper construction was that the
day on which the bill was presented to the
President, and the day which his action
was had upon it, were both to be counted
inclusive, then the time allowed him within
which 1t would be competent to return it to
the house, in which it originated, with his
objections.
February lst, 1871, a copy of a paper made
out and sent to the President, at his request
to be ready in case his judgment should final
ly decide against the bill for incorporating
national bank, the bill being then before him;
among the objections assigned in this paper
to the bill, and which were submitted for the
consideration OF the President, are the fol-
lowing:
81 object to the bill because it is a neces-
sary principle of the government, that any
power not delegated by the Constitution,
cannot be rightfully exercised; because the
power proposed by the bill to be is not
expressly delegated; and because l cannot
satisfy myself that it results from any ex-
prnss power, by fair and safe rules of inter-
probation"
The weight of the precedent in the
Bank of 1871, and sanction of the great
name of Washington which has been so
often invoked in its support, are greatly
weakened by the development of these
facts. The experiment of that Bank sat.
is6ed the people that it ought not to be
continued, and at the end of twenty years
Congress refused to charter it. II would
have been fortunate for the country, and
saved thousands from bankruptcy and ruin
had our public men respected the temper.