The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-01-05
WEEKLY ALMANAC.
The Presidents Message.
CONCLUDED
Ellor. citizens Of the Senate

and of the House of Representatives.
Tha, q national bank, protective tauG
levied not to raise the revenue needed, bul
Tor protection merely, internal Improve.
menla, and the distribution Of the proceeds
Of tie sale Of tho public lands, are meas
ures without the warrant OF the conslltu
ton, would, upon tho malutesl consldera.
ton, seem 10 be clear. 1t is tema!kabl e
TIA, no enc CT these measures, involving
such moaenlous consequences, is aalhor,.
zsd by sny express grant OF power IN the
Constitution. No one Of than is " lnciden,
TO- az bei'g necessary and proper Tor the
eyeculoG OF, the specific powers gran ed
BY he constitution. The authority under
which i, has been attempted to Justify each
Of them Is derived from differences and con-
slruciions Of The constitution shich lis let,
ter and 's whole Object and design do not
warrant. Is it to be conceived lba, such
immense powers would have been lief. by
the trainers OF the constitution 10 mere 10.
erences and doubtful constructions Had
Il been intended 10 confer them Oh the Fed.
conclude that it would have been dena By
ra and uaequlvocal grams. This was
not done; but the whole structure 0f which
The "Americaa sys,en" consisted was
reared 90 no other or better foundation than
forced Implications aud differences vi posei
shich ia authors assumed migh, be dedu.
ce1 by construction from The constitution.
But II has been urged tina, The national
bans, which constituted SO essential branch
Of lAls combined system Of measures, vas
not new measure, and tina. It's const,l1.
lionslpy had been previously sanctioned,
b.cause bank had been chartered 10 1911,
and had received the Off nal signature Of
Ptesiden, Washington. A lev facts will
shos the jls, weigh, to whIch this prece'
dent should be enlltIed as bearing upon the
question Of constliutlonalhJ.
Great dlylsion OF opnIon upon the sab
sc. existed 10 Congress. It's well known
thai Pr sden, Washington entertained ss.
nous doub's both IS TO the constIutoLallty
aud expcdlency Of The measure and While
The bill was before him for hIs official ap
pfOvs OF disapproyal, so great were i-ese
doubts, lha, he required "the opinion IN
wrllin," Of the members oil his cabinet 10
aid hlm 10 arriving alta decision. HIS cab
net gave their opinion, aud were divided
upon the subjsc,-GeneraI ilniion oeing
10 favor Of, aud Mr.. Jefferson and MIR. Ran
doiph being opposed TO, the conslliuiionalhy
and exp dl.Dcy Of the bank. II IS yell
known, a,so, that Pfeslieut Washington re.
hlaed the bill from Monday, the litb, when
Il sas presented 10 him, until Friday, the
.j.h of February-bcing the last moment
Permitted him by the constitution TO del'b.
crate, when he finally yielded to It his re-
hctant assent, and gave il his signature.
It's ce, tain that as late as the 23I OF Febfu +
sry--being the 8 b day after the bull was
presented 10 him-he had arrived at 10 sat.
srsclory conclusion for on that day he
addressed note to General Hamilton, 10
Shich be informs him that "ths bill was
presented TO me by the Joinl committee ol
Congress- al IL o'clock on Monday, the
lilh instant; j" and he requested bis opinion
SO what precise period. by legal lnterpre,
talon Of The constitution, can the President
re.ainit in his possession, before /. becomes
a law by the lapse of ten days" II the
proper construction was, that The day on
which the bill was presented to the Pfesl.
dsuf, and the day on which his action was
bad upon il, we're both TO be counted IN.
elusive, then the time allowed him, within
shIch il would DO compclcn! for him TO 70.
turn il to the House in which il originated
9Th bis objections. would expire on Thurs
Gay, the "a Of February.
Gen. Hamilton on the same day return.
ed an answer, in which he states: 3" l give
I" my opinion tina. you have ten days ex'
elusive Of tha, on which tho bill was deliv'
cred 10 you, and Sundays; hence, 10 the
present case, If il is returned on Friday II q
will be IN time" By thus construction, 6
which the President adopted, he gained an. I
o'her day for deIiberatlon, and !. was not c
aA'Il the % b Of February that he signed b
The bI; thus aIotdIng conclusive proof that 9
ne had al lag! obtained his own consent 10 P