Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-12-27
I'll TOW &c APITAI9 REPORTER

C "A p / T IA e /
ny had interest in the proposed by protec-
tive tariff. That they should be large enough TO
yield sufficient revenue from that source to meet
the wants of Government, without disturbing or
taking from the land funds; so, that each of the
branches constituting the system, had common in
terest in swelling the public expenditures. They
had direct interect in maintaining the public debt
unpaid, and increasing its amount because this
would produce an annually increased drain upon
the treasury, the amount of the interest, snd
der augmented taxes necessary. The operation and
necessary effect Of the whole system, were to en-
courage large and extravagant expenditures, and
thereby increase the public patronage, and maintain
a rich and expensive Government, at the expense
of taxed and impoverished people.
1t is manifest that this scheme of enlarged taxa
ton and expenditures, had it continued to prevail,
must soon have converted the Government Of the
Union-intended by its trainers to be plain cheap
and simple confederation of States, united together
for common protection, and charged with few
specific duties relating chiefly to our foreign affairs;
into consolidated empire, depriving the States of
their reserved rights and the people OF their just
power and control in the administration of their
government. In this manner. the whole form and
character Of the government would be changed,
by an amendment of the constitution, but by re-
sorting to an unwarrantable and unauthorized con-
struction of that instrument.
The indirect mode of lcvying the taxes bya duty
on imports prevent the mass of the people from
readily perceiying the amount they pay, and has en-
abled the few who are thus enriched and who
seek to WELD the political power of the country to
deceive and delude them. Were the taxes direct
levy uron the people, Is the case IN the States,
this could not occur.
The whole system was resisted from its inception
by many of our abest statesmen, and sonae Of
whom doubted its constituiionaity and expediency,
while others believe il was in all its branches, fla
grant and dangerous nfraetion of the constitution.
That National Bank; a Protective Tariff, levied
not to raise the revenue needed but for protection
merely; Internal improvements, and the distribution
of the proceeds Of the sales of 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 ofthese mea-
sures, involving such momentucus consequences,
authorized by any express grant ofpower in the
constitution. No one of them is incident to, as be-
ing necessary and proper for the execution of the
specific powers granted by the constitution. The
authority under which IL has been attempted to JUS
tify each OF them, is derived from differences and
construction Of the constitution, which its let
ter and its whole object and design do not warrant.
Is il 10 be conceived that such immense powers
would have been left BY the trainers Of the constu
ton to mere inference and doubtful construction,
had it been intendedto confer them on the federal
government? Ii is but reasonable TO conclude that
it would have been done by plain and unequiyoca-
ting grants. This was NOT done; but the whole
ted, was reared on no c4H <t3er foundation
than a forced interpref1< kHce OF power
which its authors aSsu 1oced BY con-
struction for the con-
But it has been raj Bank
Nv ich so constitut 54nch Of
this confirmed syst ~ new
measure, had that Eh sanc-
toned in 1891, fnre of
President Washit3 low the
just weight to Whit be enti-
lied, as bearing upol
Great division o. IN fsexistcd
in Congress. tits NH 141(@I MI Wash
ington entertained serious G&1I $at to the
const.utionaity ard expedientF me- assure;
and while the bill was before hinf approval
or disapproval, so great were these that he
required s'the opinion in writing" OF members
of his cahinCtto aid him in arriving kcis on
His cabinet gave their opirion, and 1irided
u, on the subject-Gcncral lIamit on .8f, and
Mr.. Jefferson and Nr. RanGolI il beil psed to
the coastitui0nality and exredene13E# Els well
known also, that President WashiH fetained
the bill from Monday, the Il, whan HXNt present
ed to him until Friday, the 2ith FNe)e5ery, being
the last moment permitted HIM by n4eOnstitutien
when lie finally yielded to give his renctant assent
and gave Il. his signature. II is Certain that late
as the ga February--beng the sth day after the
bill was presented TO hm--he had arrived 1t no
satisfactory conclusion, for ttay lie address,
ed note to General Hamilton, inNhich he says
that :.thls bin was presented toe by the joint
committee. At II o'clock NIod& h ieth instant,'
and he required his opinion o. Eprerise period
by legal Interpretation of theS8 %estitu,ion could
the President retain 1t in his p6eession, before it
became law by the ldpse of te4dsyS.
If the proper constructi0 6Xas that the day on
which the bill was prcsente1t0 The President and
the day on which his actonS11as had upon it, were
both to be counted inclusiveg hen the time allow
ell within which it wondtSecmpctent for him TO
return it TO the House in N}fcllt originated, with
his objections. would expifton Thursday, the 2Itl
o: February. Gen. Hamilt6n. the same day.
turned answer, in whifhshe SITES: 81 give it
my o! inon that You hlvesen days. exclusive Of that
on which Che iii was handed TO you and Sundays.
Hence, in the prcsentcpe. if ii is returned Fri
day,it viii be in timNsn By this construction,
which the Frcsid2nt 3deptcd, he gained another
day for deliberation, a il not until the 18th Of
February that he sis3ed the bill; thus oharing
elusive proof that hekad at least o!tained his own
consent not wtithontAreat and almost unsupporta-
bic difficulty. sE
Additional light hds recently been Shed uIon the
serious Goutts witch he had on the subject a.
mounting al time TO the conviction that it
his duty to withhpld his approval from that hill
This is found amcfg the manuscript papers Of Mr..
Madison authorfSea to be purchased for The use Of
the Gorernmentby act OF last session, and now
the first time aee ssble 70 the public. From these,
it appears ihlt&fesident Washington. while he yet
held the bank III his own hand, actually requested
-if. attila( Oh Tue mouse OF
Representatives, to prepare the draft Of Ieto mes
sage for him. Mr.. Madison al his request. did pre-
pare the draft Of such message, ard sent IT to
him on the 2ist of February, 1891 4 copy of this
original draft, in Mr.. Madisor's handwriting,
was carefully preser ed by him, and is among the
letters lately purchased by Congress. II is prece-
ded by note written on the Same sheet and is al
SO in Mr.. Madison's handwriting:
ssEeb. a. IT9i--Copy of paper made out and
sent TO the President at his reques to be ready in
y,
bill for incorporating National Bank, the bill be-
ing then before him.
Among the objections assigned in this paper TO
the bill, ard which were submitted for tie consid
Grafton of the President, are the following:
81 object to the bill because it is an essential
principle Of this government, that power not dele
gated by the constitution cannot be rightluly cXer-
clsed because the power proroscdby the hi! to be
exercised is not expressly delegated; and because
cannot satisfy myself that it results from any en-
pressed power; by fair and safe rules OF iAterl-e
lation.'
The weight of the precedent Of the BAN, OF 1891,
and the sanction Of the great name of Washington,
which has been so often invoked in its support by
developments Of these facts, should satisfy the
country that it ought not to be continued It would
have been fortunate for the country, and saved
thousands from bankruptcy and ruin, had our pub
ic men resisted the temporary pressure ofthe times
upon our financial and rccniary interests and re-
ascd to charter the bank. or the second bank the
country became abunanily satisfied at the close of
rs twenty years duration, the case OF the first
sank and 1t also ceased to exist under the repeated
7ctoes OF President Jackson, il reelca and felland
| subsequent attempt to charter similar institl