The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-12-09

N the government Sould be changed not b. aa a,,,,
nent oIihe sunauor, but hy iesering 20 an saw,
snable and unauthorized tons'Iusiion of thst i.ss,r
Dent.
The ndireef mode OF le eyins the taxes ty any 49, 49,
ports pre- vents themass oi the people from
ing the amount they pay, and has enabled The lew Who
inns emo he'd and WIN seek to WELD the ne ~
OF the country, TO deceive ami deiude them Were m
direclevy upon the people, is the Case Ia m
State. this could not occur.
The whole system resisted from lbs incen,io, n
many Of our abiest statesmen and some whom Iote
lis consuonsity sndexpediency, while others brI,e,
ed IL was Ia all its branches nagrant and rous IN
traction OF the Constitution.
That National Bank,-a Protective Tariff. levied
not TO raise the revenue nceded-not for procttiol
merely, Internal improvements, and the distribution
the the sales Of the public lands are me
WITHOUT the warrant OF the constitution would upon ma
tore onsideraion, seem 10 he clear.
Its remarkable that OF these measures uIyol
wing such monstrous consequences authorized by an
express grant Of power IN the constitution. No one
them incident TO, being necessary aud proper "a,
the execution vi the specific powers granted by the con
stitution. The authority under which Il been
ted TO justify each OF these, Is derived from inference
AMI construction OF the constitution which its letter am
its whole object and design do warrant; is IL In h
conceived that such immense powers would have bee,
left by the trainers of the constitution, to inference
aud doubtful constructonsi Had II been necessary Il
confer them the Federal Government il bat reason
able TO Conclude that II would have been done BY plal
AMI uncquiyocal grants. This was not DONE but m,
shoe structure which the rican Sysem,, con
sisted was reared on no other or better foundation thar
forced interpretations and differences OF power which m
authors assume might be deduocd by construction iron
the constitution
But IT has been urged that the National Bank which
constituted so essential branch OF this system OF meas
not measure, and thai its Constitutional
it, had been sanctioned in 1871, and hat the Oficia sig
nature OF President Washington. few facts "a "A show
The Just weight which this precedent should be emf
lied, as bearing upon the question OF oonsutionalily
Great division OF opinion on the subject existed In
congress Uisw rll known that President Washington
entertained serious doubts both 10 the conStitutona
" and e&pedleney OF the measure; and while the bill
was before him Tor his official approval, great were
these doubts that he required the opinion IN writing O.
The members OF his Cabinet 10 aid him ia arriving al
decision His cabiue gave their opinion, and were di
yied upon the sabcet-GeBeIal Hamilton in favor or
aud Mr. Jefferson and Mr. Randolph being oppusei 10
its consiitutonahy and expedlency. 1t Is well known
so that President Washington retained the bin from
,i s o he s a
mert permitted him BY the Co sttiion-when ne final
eided to give his reluctant asst aud it his sig
nature. II certain that late the % of February
being the ninth day after the bill presented to him
he had arrived at no satisfactory conclusion, on
that day he addreSseda note to General Hamilton IN
which that this bill was presented TO him By the
Joint committee OF Congress at ~ O'clock Monday
the 18th last. lie requested has opinion what pre-
else period by legal interpretation OF the Constitution
the President retain his possession before II be-
CONFESS law by the lapse OF the ten days"
II the proper Construction that the day ON which
the bill presented to the President and on the DAY
IN which his action had upon IL, both 20
counted inclusive, then the time allowed him, within
which Il would be competent for HIM TO return II 10 the
expire on the 9th OF FebTua y. Gen. Hamilton or the
same day, returned answer in which he states al
give It as my opinion that you have ten days exclusive
that on which the bill was delivered to you and sun.
days Hence IN the present, IL is returned Friday
Il will be in time"
BY this construction which the President adopt.S he
gained another day Tor delibenilon, and IL was NOT
until the 2jh OF February that ne signed the bill: thus
offering conclusive proof that he had last obtained his
own consent 10 sign H-not without great aud almost
insuperabe difficulty Additional light has been recently
she'd upon the serious doubts which on the sub
ieot amounting al one time TO the conviction that il was
his duty TO withhold his approval from the bill This is
found among the nanusc npt papers OF Mr.. Madison
thozed to be purchased for the the Government
BY an act Of last session. for the FIRST time aces
>be the public. From these appears that President
Washington, while he yet held The bank bill his hands
actually requested Mr. Madison at that time a member
OF the House OF Representatives, 10 prepare the draft OF
message for him. Mr.. Madison, request did
prepare the draft OF such message and ~ him on
the 2iSt OF February. 1871 copy OF this ognal draft
Ia Mr. MadiSonS own hand writing, was carefully pre-.
served by him, and Is among the matter lately pur
chased by Congress. IL is preceded by note on the
sheet, and is also wni.en IN Mr.. Madison's own
hand. writing.
"July 2ls;, 179l-copy OF paper made and sent to
he President his request To be ready hisjudg
ment should be finally decided against the bill for nCoT
poratng National Bank. The bill being then before
him."
Among the objections assigned in this paper, to the
bill, and which were submitted for the consider alton Of
he President are the following:
'' object 10 the bill II is essential principle
Df this Governmeut-that power not delegated by the
Constitution cannot be nghtiuy exercised, bee the
proposed by the bill 10 De exercised Is express
y delegated, and because Cannot satisfy myself thai
results from expressed power by lr
)i Interpretation"
the weisbt of the precedent ofhe bank OF RAJ AMI
he sanction OF the great of gon which has
often invoked in its support by the development
these facts should satisfy the country that ought not
10 be Continued II would have been fortunate for the
country and saved thousands from nkrupcy aud rum
rad pubhe men resisted the temporary pressure OF
he times upon financial aud pecunary interests and
refused the second bank. The country be-
abundanty satisfied at the close OF its twenty years
luraton the ofthe frs hank and also ceased
exist under the repeated veoes OF President Jackson
ssss and Is and asssssSSs s's Sa p p
Mr. Madison, on yielding his signature 10 the charter
If 1916 did upon the ground OF respect due prece
lent and he subsequently, declared the Bank otthe
j.. though IN the Original question: held TO be unoOnstfu
ional, received the Executive signature.
Il is probable that neither the bank OF 1884, that 0f1Sl6
would have been chartered but for the embarrassment
ne Government In It's financial affairs, ami in the de
of the pressure which existed
he first in consequence OF the war OF the Revoiuon
he second, the consequence OF the OF lS12-bOth
resoTed in the deusivc hope that they would
restore public credit, and afford relief 10 the Govern
nen 10 the business OF the country Those OF our
'ubi men who opposed the whole American system ats
and hTou gh0u its progress, fOTesaw
ma predicted that fraught with inoalculable mis-
hef and must result in serious consequences 10 the
OF the country for aseTes OF years. These wise
5onsclS unhe ard and the system established
i was soon apparent that It's practical operation was un
qaa and unjust upon dGre Mt portions of the country
and upon the people engagedin different pursuits. An
were equally entitled TO the favor and protection Of the
II osteTed and evaed the moned classes
and enriched the yorcd few atthe expense of the many
Its eecto make the rioh richer and the poor poorer.
lis tendency was TO create distinctions IN society based
upon wealth, and to give the favored classes undue
troll and sway in our Government. II organized
money power, which resisted the popular will, nj
sought to shake ami control the public policy, by taxing
abor.
Under the pernicous working OF this combined sys
tenn Of measures, the country witnessed alternate sea
commercial valsons; Of unprecedented uo
tuaOns of prices and the oppression OF the real inter
ests OF agriculture. navigation aud commerce. and gen
eta pecunaTy suffering, and OF the final bankruptcy Of
thou sands After severe struggle more than quar-
ter Of century, the sy stem was oyerth'ovli.
The Bank has been succeeded by practical systems Of
finance, conducted and controlled SOLELY by the Govern
ment The constitutional currency has been restored
the public credit maintained unmpared, even in pen
satisfied that Banks National OF State not necessary
fiscal agents OF the Government. The revenue Ia
ties have taken the place of protective tariff The
distribution derived from the sales OF the Pablo Lands
hus been abandoned, and the oorrup ing system In
ernsl Improvements, tits hoped, has been efieotualy
checked.
de gned to tale wealth from the many and beStOw II up
the to prevail the effect would be to change
the entire character OF the Government One only ran
ger remains tits the ntrodue ton othst branch
TEN which consists IN int rna improvements holding out
II does, inducements TO the people OF particular sec
tons and iooa tes to embark the Government Ina them
without stopping cacuate the Inc vahe consequences
This branch OF the system Is evidently linked with the
others that surely esrt Is produced by ade
qae cause II IL be sustained and firmly established, Il
requires saacty to forcsce that il win necessarily and
speedily draw after the establishment OF National
hank the revival OF protective arf the distribution
OF the proceeds OF thu sales OF the public lands AMI
only the posponemeB TO the future of the payment of The
present material debt. but Us amount win annually be in
creased.
entertain solemn conviction that If the Internal I'm.
movement branch OF the "Anlerican System" be rot
kr.ny resisted this time, the whole
he
try will be thrown back from its present high state OF
prosperity which the existing policy has produced. and
be destined again to witness all the ev OF commercial
revulsons anil depression OF prices and pecunary
throu sh which have passed during the