Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1848-12-21


ments, and the Distribution of the sales Of
Public Lands, are measures without the
warrant of the constitution, would, on the
maturest consideration, seem 10 be clear.
II is remarkable that no one of these mea-
sures, involving such momentous conse-
quences, are authorized by any express
grant of power in the constitution. No
one of them is incident to- as being neces-
sary and proper for the execution of the
specific powers granted by the constitu-
ton. The authority under which il has
been attempted to Justify each of them, is
derived from differences and construction
of the constitution, which its letter and its
whole object and design do not warrant.
Is II 10 be conceived that such immense
powers would have been left by the fra.
mers of the constitution TO mere inference
and doubtful construction, had il been in
tended to confer them on the federal gov
eminent? 1t is but reasonable TO conclude
that il would have been done by plain and
unequivocal grants. This was not done;
but the whole structure of which the
american system" consisted, was reared
on no other or better foundation Than forced
Interpretation and differences of power
which its authors assume might be deduced
by construction from the constitution.
But il has been urged that the National
Bank (Which, SO constituted, is so essential
a branch Of this confirmed system of mea.
sures) was not new measure, and that its
constitutionali,y had been sanctioned in
1891, and had the official signature of Pres
ident Washington. A few few facts will
show the Just weight to which this prece-
dent should be entitled, as bearing upon the
question of its conslitutionality
Great division Of opinion on the subject
existed in Congress. 1t is well known that
President Washington entertained serious
doubts both as TO the constitutonali,y and
expedicncy of the measure; and while the
bill was before him for his official appro-
val or disapproval, so great were those
doubts that he required "the opinion in
writing" of the members Of his cabinet o
aid him in arriving at decision. His cab
met gave, their opinion, and were divide d
upon the subject-Gen. Hamilton in favor
and Mr.. Jefferson and Mr.. Randolph be-
ing opposed TO the constitutionality and ex-
pediency. II is well known also, that
President Washington retained the bill
from Monday, the 18th, when it was pre-
sented to him, until Friday, the Gath of
February, being the last moment permit
ted him by the constitution, when he final
ly yielded to give his reluctant assent and
gave il his signature. II is certain that as
late as the 23d of February-being the 9th
day after the bill was presented TO him
he had arrived at no satisfactory conclu.
sion, for on that day he addressed note to
Gen. Hamilton, in which he says that this
bill was presented to me by the joint com
mittee of Congress, at l2 o'clock on Mon
day 18th instant, after, and he requested
his opinion to what precise period by ega
Interpretation of the constitution, coulC
the President retain it in his possession,
before it became law by the lapse of the
ten days.
If the proper construction was that the
day on which the bill was presented to the
President, and the day on which his actor
was had upon it, were both TO be countet
inclusive, then the time allowed wilhir
which il would be competent for him Il
return it to the House in which it origina
ted, with his objections, would expire OIL
Thursday, the Goth of February. Gen
Hamilton, on the same day, returned al
answer, in which he states: 81 give il
my opinion that you have ten days, exclu
sive of that on which the bill was handed
TO you, and Sundays. Hence in the pre-
sent case. If il is returned on Friday, i
will be in time" By this construction
which the President adopted, he gained an
other day for deliberalion, and it was no
unlilthe 18th Of February that he signe'
the bill; thus offering conclusive proof tina
he had at least obtained his own consen
not without, great and almost unsuPPorta
BILE difficulty.
Additional light has recently been she
upon the serious doubts which he had o.
the subject, amounting at one time to tn
conviction that it was his duty TO withol
his approval from that bill. This is foun
among the manuscript papers of Mr.. Mad
ison authorized to be purchased for the US
of the Government by an act of last SEES!
ion, and now for the first time accessible
the public. From these, it appears tina
President Washington, while lie yet bel
the bank in his own hands, actually re
auested Mr.. Madison, at that time men
Der of the House of Representatives, I
prepare the draft of Veto message fo
him. Mr.. Madison, at his request, dl
prepare the draft of such message. an
sent il to him on the 2lst of February, l79
A copy of this original draft, in Mr.. Mad
sons own handwriting, was carefully pr
served by him, and is among the lelte
lately purchased by Congress 1t is pr
coded by note written on the same shee
and is also in Mr.. Madison'S own han'