The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-06

political power Of the country to deceive and delude
them Were the taxes collected by direct levy upon
the people, 10 the In the States this could not
occur.
The whole system was resisted from It's inception by
many of ablest statesmen, some Of whom doubted
its consttutionality and its expedency while Others
believed 1t was, in all its branches fragrant and dan
gerous nfraction Of the constitution
That national bank protective tariff levied not
to raise the revenue needed but for merely
internal improvements, and the distribution Of the
proceeds Of the sale Of the public lands are measures
without the warrant Of the constitution, would, upon
the maturest consideration, seem to be clear 1t Is
remarkable that no one Of these measures INVOLVING
such momentous consequences, Is authorized by any
express grant of power in the constitution. No one
of them is incident to, being necessary and proper
the constitution. The authority under which It has
been attempted to justify each of them derived from
and sSs dssa% o
warrant. Is 1t to be conceived that such immen
powers would have been left by the Trainers OF the
constitution to mere differences and doubtful con-
structions Had 1t been intended 10 confer them on
the federal government 1t is but reasonable to con-
cuds hats would nave been not Sone but the whole
structure of which the American system consisted,
was reared on no other or better foundation tnan
forced and differences OF power which It's
authors assumed might be deduced by construction
from the constitution. -
But IL has beer urged hat the national bank which
constituted so essential branch Of this combined
system of measures, not new measure; ana that
its conststutionality had been previously
because q bank had been chartered in l70i and had
received the official signature OF President Wasnin
ton. few facts will show the just weight to which
this precedent should be entitled as bearing upon the
question of constitut ionaty.
Great division of opinion upon the subect existed
in Congress 1t Is well known that President wash
ington entertained serious doubts botn Is 70 .ne
stitutionality and expediency OF the measure ana
while the bill was before him, for his onc'ai approval
or 40 great these doubts that he re-
auired THE opinion in writing Of the me soers OF his
cabinet to aid him in arriving at decision HIS
cabinet gave their opinion, and were divided upon the
subject-Osneral Hamilton being In favor or ana Mr.
Jeferson and Mr. Randolph being opposed to the con.
stitutoDality and expediency Of the bank II well
known. also that President Washington retained the
bill from Monday, the fourteenth when Il was pre-
nted to him. until Friday, the twenty hith OF Feb
ruary-beipg the last moment permitted him ey the
con stution TO deliberate, when he finally yielded to
Il his reluctant assent and gave his signature tits
certain that late the twsntythird o. February
being the ninth day after the bill was presented
to him-be had arrived at no satisfactory CON
cluson for, on that day ne sdSrsssso ,sa mUss
him that " this bill was presented to me BY
the Joint committee OF Congress, at IL O'Clock,
on Monday the fourteenth Instant" and he request,
ed his opinion Ito what precise PERIOD by legal
int.rprstson Of the constitution, the President
retain in his possessan before II becomes law by
the lapfs OF ten days' II the proper construction
wss that the day which the bill was presented to