Indiana State Sentinel, Volume 4, Number 56, Indianapolis, Marion County, 9 December 1848 — Page 2
i.iium on the loans and the amount paid and to be; paid into the treasury on account of military contributions in Mexico ; and the sales of arms, and vessels, and other public property rendered unnecessary to the government by the termination of the war ; and $20,693,435 30 from loans already negotiated, including the treasury notes funded; which, together with twtlance in the treasury on the 1st of July last, make the sum estimated. .The expenditures for the same period, including the necessary payment on account of the principal ami interest if the 'first' instalment due to Mexico on the 30th of May next, and other expenditures growing out of the war, to be paid during the present year, will amount, including the reimbursement of the treasury notes, to the sum of 51,195,276 06, leaving an estimated balance in the treasury, on the 1st of July l19, of $2,253.694 84. The Serretary of the Treasury will present as soon as required by law, the estimates of the receipts and expenditures for the next fiscal year. The expenditures os estimated for that year, are $33,799,102 lb including
the interest on the public debt, and 3,01)0,5 10 for principal and interest due to Mexico on the 31st .May, 150 ; leav- j ing the sunn of $25.74,050 35, which, it is believed will be ample for the ordinary peace expenditure. The operations of the" tariff act of lb 16 have been such during the prist year as fully to meet the public expectation, and to confirm the opinion heretofore cxpre:-sed of the wisdom of the change in our revenue system, which was effected by it : the receipts under it into the treasury, for the first fiscal year after its enactment exceeded by the sum of $5,044,403 09 the amount collected during the las fiscal year, under the tariff act of 1842, ending June 30, 1846. The total revenue realized from the commencement of its operation, on the 1st Dec. 1846, until the close of the last quarter, on the 30th Sept. last, being 22 months, va3 $56,664,563 79, being a much larger sum than was ever before received from duties, during any equal period, un der the action of highly protective and prohibitory duties. The revenue has been increased, the taxes on the peeple been diminished ; they have been relieved from the heavy amounts with which they were burdened under former laws, in the form of increased prices, or bounties paid to favored classes and pursuits. The predictions, wnich weie made, that the tariff act of 1846 would leduce the amount if revenue leh.w that collected under the act of 1S42, and would protrte the industry an I business and destroy Ihe prospeiitv of the ceuntiy, have not teen verified. Witn increased, and increasing levenue, tbe nuances aie in highly fl.ur ihi condition. Asiitulture, commerce, and naviiiion, ate prosperous The prices of manufactured fabiics and of other pioiuc' are much les iijuriouvly effected 'hau was to hive been anticipated fiom the unprecedented ievulions, which, dining the last and preent year, have oveiwhelmei the industry and commeice of jj many enlightened nations of Europe. Severe commc icial revuNions abroad, have alway heretofore operated to depress and often to affect disastrously almost every branch of Ameiieau indutiv. The temooraiy depression cf a poition of our m irtufactunng iuierct m t tie t euVf I i-I loreun cause, ana is iat ie severe nun nji ytvvailed on all r,.imer imilai occasion. J It is believed thai lo.ku. to the greta2i,eu'ate of al our ; inte.e.U. the hole country wa never X!tP;i"!TPau;,, I at tbe rresent period; and never more advancing in wealth and ul.tion. Neither the foreign war in uhich we have been involved, nor the loan which have aborted o lar ; a portion of our ca; ital, nor the cornmeicitl revulton in ! Great Biitain in IS4?,uor the paralyi -f ciedit and com-j meice thiouhoiit Kuo pe in 1 S4S. hive sffected v jtniotnly to any ci'DideraMe extent, any t f the gteit in'eiest of t.'ie cuitrv, or anetcd our onwurd march to greatne, wealth j and power. I lial the di-tuibance in Kurope not oecuried, our nunmfice j would undoubtedly have been still more extended, and ' would have added still more to the national wealth and ublie piopeiity. But, Notwithstanding thee distmbances, the j operati n of the revenue system established by ihe tariiF of 1345, ha beo generally beneficial to the government and ; business of tbe countiy ; tut no change in its pmvisiuis is demanded by publi policy, and none n recommended. The ojeiaiiotn of the constitutional t.easilty established by the act cf the Cth of August, 1S46, in the teceipt, cut -dy and disturiement of tiie public money have continued to be suf cesful. Ui der this y-tem, the public finances have' earned thiough the f.rein war, involving the i.ecessity of loans aad extiaorti.iary expendituie, an t requiring distant : transfers and disbur senients, witnout cmbarriüment, an t no ( loss has occütrcd of any of the public money deposited under in prjisio:.s. Whilst it has proved to be lafe and useful , to he goven rntnt, its effect have been most beneficial in the count iv. It ha tended poweifuMj to fcecuie an exempUon fiom tbat ii-fljtion and fluctuation of tbe pper cuireocy; injurious to dcrnetic industry ani rendering so uticettain . the rtwarJ of labor, and i believed to have laigely contributed to yresetfe the tvhole country from a commercial re- ; vuliou such i often occurs under the bank deposit ystem. J In ibe year 1S47. theie W4S a revulsi ui iu the business of; Great ßii'ain, of reat txicut an J intensity, which was fol-j lowed by failures in that 'kingdom unpitcedentc.l iu number ; and amjunt tl los. This is believed to be the fust instance of uch di-astrous bardfrnptcies occuniii? in a country with which we have such an extensive trade or comu.erce. We . remained but littl affected in our money market, an 1 our buiijtss and iodustiy weie still piospeiou and progies-ive. ' Dut'mn the present year, nearly the whole continent of Euro e has been convulsed by civil war and revolution,! attended by numerous bankruptcif s, by an unprecedented fall in their public securities, and an almost universal parIvais of commerce and industry, and yet, although our trade and prices of our products must have been alfected ' by these causes, we escaped a revul-ioo, our money mar- . ket is comparatively easy, and public and private credit! have advanced and improved. It is eonfieiitdiy believed that we hae been saved from their tffect by the salutary operation of the Couxtitulioaat Treasury. It is certain, that, if the twenty-four million of fpecie. imported into the country during the fiscal year ending on the 30th of June, 1347 had gone into the bank, as to a great extent it must have done, it would in the absence of this system been made the basis tof augmented bank paper, issued probably to an amount not less toan CO or 70 millions of dollars, producing as an inevitable consequence of our inflated currency, extravapnt prices for a time, and wild speculations which must have been : louoweu. on me innu m x.uroPe. tne .ucceeo, ,K yenr. o, ; o much of that specie, by the prostration of bu.ne- of, the country, the suspension of tbe b?nks. and most eilen-; btve bankruptcies. Uccurrm?, a tni woUUl nave uotte at a period when considerable loans of specie were recjutr-; ed for distant ditbursementM, nnd when the banks, the fiscal agents of the (Jo? ernmcnt, and the dr poidtoriej of j its monies, were suspended, the public credit must have sunk, and miny million of d liars, a wa the cae during . the war of 1812, rnul have been sacrificed in discounts' upon loiriü, and upon the depreciated pper currency, which the (government wuld huve been compelled to tnse. Under the operation of a (,'oi.siitutional Treasury, not a dollar has teen lost by the depreciation of the cuireocy. The loans required to prosecute the war with Meiicu were negotiated by the Secretary of the Trt asury above pr, and realized a large premium to the (Jovernment. ' The restraining effect of the pysfem upon the tendencies to excessive piper issues by the banks h-H saved the Gov- i ernment from heavy losses, nnd thousands of our business men from bankruptcy and ruin. The system h been j trud by the experience of the lat two jears. and it is lhe dictate of sound policy thul it hould reumin undis ', turbeJ. The modifications of the detiili of thi3 measure, involving the principle heretofore recommended, are . again presented for your favorable consideration. I la my mestau of the Cth of July last transmitting to Congress ' the ratified treaty of j euc HitJa .Meiico. I rerommeu le.l the odoption of nieaurei fjr the speedy payment of tbe putdic deM. In reitertm4 that recommendation, I reler jot to the considerations ! preienteU in that nicsnage in il uj.j.ort. 1 he ul die debt, inclu- I OiaJ tbat authoiievl to te ut oli.ilcl iu (oiriiii.ince of ex i.-ong i 1.1 vm, mi. I iacludinlro'isury notes unrejt:eiue 1 at t'.at time amount-1 cd to .ßj.TTf.l'Ai ol. j Funded ktock of the 1'nited Stales, amoiititing to hont Imtf a ; million Ot ilulln s, lids ht en piirchast I m auihori.ed ' l.ov, m om that peiio 1. and the (oildio delii lus thus heeii rdaceil, the defjils of which will Le j rot nie. I in the irort uf the eciktury ot ttie Treasury. The estimate of cipendiiures for the next fiscal year, sutmitto 1 bv tt.e Se. retary of the Treufcory, it is 1-eh-veJ. sill t.r bmple lor all riecessarv i'Uipo.e. If the aiiproprijttorn m itlu ty (JongrtkS a iall not eiced the amount estimated, th means in the treinury w ill be vitti. leul lo il.f ay a 1 ej cnes of tti CJverrnm nt ; to pay of the neit in:!uitoit 01" 3 J.usmi.mk) to Mexico, u hich w i:l lall due un the rOtu ot Miy next; and gti!l 1 cunsnlcridde stnjliis will rm.iin whi-h Ik.uI 1 Le up; lied to the further piirch;ie of the puhlie stock and reduction cl tiie dett. Shoal I en l.irne.l ;ippropriations be made, tWe t eceks.iry conseijucnce will be to postpone tl. payuivct of the J It. Though our d I t. as compared with II. at tf ioot other nations tit the woid is mall , it is our true "!a y, and in harmony w iiU th notion of our iutitutionii tin t we should present to the wai Id ih rsre snccUcI of a great leut.li.-, posaing vast rciourcts and weahh, wholly exempt from ludt'U-d ne. This would ad tld nior to our strength, and jju m to 11a a till mtir roinrnduding pwotion aiiiou the ujuoii of the earth . Tbe public expenditure hotil ! la ecouomiral, and be cwufuicd to such objerta.s are clearly within the i-oweis of Cotirens All uctx at not ahsolutrly Jem an Je J thoulj be postponed. The payment of the public debt at the earbevt practicable period ihould te a cardinal principle of our public policy. For Ihe reason asiiird in my last annual iiin"rt 1 repeat my recomniendaUou tiial a brunch of int mint of the Lullet! states De established at the city of New York. The importance of thi measure i. greatlv increased by the acquisition of the rich mine of precious unial.- in New Mexico and California, especially the latter. I repeat the recommendation heretofore made In fa vor of the graduation and reduction in the price of j such of Ihe public lands as have been long offeretl in j th market and have remained unsold, and in favor of extending; the rights of preemption to actual settlers on tho niisUTveyed na well as the mirveycJ. The condition nnd operation of the army, and the state of the other branches under the supervision ot the Wir department are f?ati?fuctori!y presented in the accompanying- report uf the Secretary of War. On the return of peace our forces were withdrawn from Mexico, and the volunteers and that portion oft the regular army engaged for the war wen; disbanded. Orders have been issued for stationing the forces of our permanent establishment at various point in our extended country where troops may be required. Owin to the remoteness of some of their positini g the detachments have not yet reached their destination. Notwithstanding the limits of our country and the new territorier?, it is confidently believed that our
present military establishment is sufficient for all exigf ncencies bo long as our peaceful relations remain undisturbed. Of the amount of military contributions collected in Mexico, il,e 911m of is7G0,G")0 was applied toward the payment of the first instalment due under the treaty with Mexico. The further stun of s3tf4li,3W M) has been paid to the. treasure. .An unexpended balance still remains in the hands of disbursing o!licer und those engaged in the collection of those moneys. .After the proclamation of peace no further disbursements were mude uf any unexpected money arising from this source. The balances on hand were directed to be paid into the treasury, and the individual claims will remain unadjusted until Congress shall authorize their settlement and payment. Their claims are not considerable in number or amount. I recommend for your favorable consideration the suggestions of the .Secretary of War and the Secretary of the Navy in regard to legislation on this subject. ( )ur Indian relations are presented in a most favorable view in the report from the War Department. The wisdom of our policy in regard to the tribes within our limits are clearly manifested by their improved and rapidly improving condition. A most important treaty with the Menominees has been recently negotiated by the Commissioner of Indian Affairs in person, by which all their lands in the State of Wisconsin, being about four millions of acres, has been ceded to the United States. This treaty will be submitted to the Senate for ratification at an early period of your session. Within the last four years eight important treaties have leen negotiated with different tribes at a cost of $l,h42000. Indian lands to the amount of more than 1,000,000 acres have U-en corded to the United States, and provision has been made for settling in the country west of the Mississippi the tribes which occupied this large extent of domain. The title to all the Indian lands within the several States of our Union, with the exception of a few small reservation", is now extinguished and a vast region opened for settlement and cultivation. The accompanying report of the Secretary of the Navy presents a satisfactory exhibit of the operations and condition of tint branch vi t lie public service. A number of small vessels, suitable for entering the, mouths of rivers, were judicouly purchased during the war, and gave great efficiency to the squadron in the Gulf of Mexico. On the return of peace, when no longer suitable for naval purposes and liable to constant deterioration, they were sold and the money placed in the Treasury. The number of men in the naval service authorized by law during the war has been reduced by discharges below the maximum fixed for tho peace establishment. Adequate squadrons are maintained in the several quarters of
the globe, where experience has shown their services may he most usefully employed, and the naval service was ncver iu a condition of higher discipline and fficiencv. I invite attention to the recommendation of the Seero,arv of t,,e A , ,he ,u,,jecl ol ,htJ marlne mni.l '''- reduciion of the corps at the end end of the war !e . . . . r mi V" ,Ur,:it 'Jr 0t'r8 Vf.l,'e ,,"iVer P8"dM ".""V1'1 b nroppeu iroin ine roits. j no.tro oi omter m.uie me selection, and those designated were necessarilv dismissed, but without nnv alleged fault. I coio tir in opinion with tlie jSecn-tary, that the service would he improved by redueing tbe number of landsmen and increasing the niaroiM. Murh a inenure would justify mi increase. d tho ritimher of oflicera to tlieexleui of the reduction by illsmissal, and still the -orjs would have fewer otfieers thnii a corresponding number ol men in the army. Ttoo con tracts lor the traiiMiussion o the mail in the steamships, convertible into war steamers, promises to realize all the benefits to uur commerce and to the nivv which were anticipated. The first steamer thus secured to our poveriiinent was launched in January, Ther?nr; now seven, und iu another year there will probably bo not Ie4s than seventeen afloat. W'hi'o thi reut national advantage is si rtir J, our civil communication and intercourse aro increased and promoted with (iertuuuy, (ireat Ilritaiu, and oilier parts ot LIurope, with all the countries of the west coast of our continent and especially with Oregon and California, between the Northern and Southern sections of iho United Stntes. Considerable revenue may b expected from postage ; but the connected line from Ulirijjre-- nnd thence across the Uthmus to Oregon, ran not l.ul to exert a beneficial ititliience not now to bo estimated in the interest of tho manufactures, commerce, navigation, and currency of the I'uiled States. As an important p-irt of the system, I recommend to your favorably consideration the establishment of the, proposed lino of steamers between "New Orleans und Vera Cruz. It promises the most happy remits in cementing friendship between the two republics, and in extending reciprocal advantages to the trade and ni'tnufacturt'S of both. The report ot the lostmater (Jeneral will make known to you Ihe operations of the Department of tho present year. It is gratifying to find the revenue of the department, under the rates of postage now -tiiblished by law, so rapidly increasing. The gross amount ol postage ilurin the fisc il year amounted to $ 1.371 ,077, exceeding tl.t; annual average receipt for the nine years immediately preceding the passawe of the act of the 3d ot .March, 184;, by the stun of !l,4öd, and exceeding the amount re ceived for the year ending the 30lh of June, lt47, by the sum of The expenditure for the year, excluding the sum of $9 1G?2. allowed by Congress at its last tesion to individual claimants, cVc, and including the sun of $ 100. 000, paid for the services of a line ot fteamers running between Urcrneu and 2iew York, amounted to $l,l93.84.'i, which is less than the average for the nine years previous to the act of 1815, by J30U.748. The mail route on the 30th of June last were If 3, 208 miles in extent, beinu an increase durint the last year of -73011 milu. TK. . - . .. . . ..v .1 ...1 . . u . . . itiuiti ilitriniv lhe 81mt. terrn 4 1,120,57'J miles, making an increase of trar ortali)M1 far lhe r ()f ,,24,G-s0 mile,, while the nw Wft, eg3 ,han (he r,ceilin& ,e,r by 4 035 The iiicrrMH jn l )tmou Wlhi lhe ,asl lhrcj? has 5ü7Si3,c whiIe lhe 01pentK.a rednce,l 1SG ,nakin .n increase of -crvico at tbe ra.e of fifteen per cent. During the past year there have been employed, under contract with the Post Odice Department, twn ocean ale mer, in carrying the mail monthly between N. Yoik aiid Uremeii, and one steamer in October lat, perforuiing pemi-monlhly serviced between IVew Vork aiid Havana, and a contmct has been made for the transmission ot Pacific mniU across the Isthmus from ' 'Ingres to I'anatna. Under the authority niven to the Secretary of the Xa vy, three ocean ste.iiners hxve bten constructed and sent to the Pacific, ai.d are expected to enter upon the mail service between Panama and Oregon and the intermediate points, on the 1st of January next, and a fourth ha been engaged by him fr the aervire between Hüvüj and Ohagr. , i th it a regular in ul line will be kept up between the United Slates and our territories on the Pacitic. Notwithstanding tins great increase in the small amice, ekould the revenue continue to increase lhe prt sent v ear as it did in the list, there wilt be received near $150,1)00 more than the expenditures. These contiiderationt have satisfied the Poet Master (eneral that, with certain modirlcations of the act of 1815, the revenues may be still farther increased, and a reduction of postage made to a uniform rate of five cents, without any interference with the principo which has been run Hantly and properly enforced, of making the Department tiustain iti-clf. A weil-titljiiNtid postage system i?s the host for difftisii i n tel licence ann;:iij tiie people, nnd is of ho much imp rt.itice in a ctutitry ho extended a.s tint of the United State:', tiiat I recommend for y"ir favorable consideration the suggestions of the Postmaster tiencral for its itnproveuicut. Nothing can retard the onward progress of our c untry and prevent uh fiom assuming and maiiitninin the fust ptiflitiidi mining nations, but u disregard of the experience of the pat. The introduction of the new policy was for a time favored by the condition of the country, by the heavy debt which hid been contracted dormo; the war, by tho depression of the public credit, by the deranged jj'tate of the finances and the currency, nnd by the commercial and peculiar enibarruHsmentH which extensively prevailed. These were the only causes which led to its establishment. '1 h events of the war with Treat IU itain and the embarrassments which had attended its prosecution had left on the minds of many of our h'atomen the impression that our government was not tdrong enough, and that to wield its resource:! successfully in jreat emoreiiciejt and especially iu war, more power shuuid be concentrated iu its hands. '1 his iticreat-ed powwer they did not week to obtain by the hgitimale and prescribed mode, an amendment of the constitution, but by construction. They saw "ov1 ernments in the olden world, hattet 1 uoti ditlerent ordcrs of society, ho continued as to throw the whole power of nations into the hands of a few, who taxed uncontrolled, the many without responsibility or rcw tramt. Iu that arrangement thty conceived the strength of nation in war consisted. There wnsalso Hotnething fascinating in tiie luxury and display of the higher orders, who drew their wealth from the toil if the laboring millions. The authors t.f this nys-t'-'tn drew their ideas of political economy from what I hey had witnessed in Europe, and particularly in Ureal Urituiu; they had viewed the enormous wealth concentrated in a few hands, and had seen tho splendor of the overgrown establishments of an aristocracy which was upheld by tho respective policy. They forgot to Iook"down upon the poorer classes of the English population upn whose daily and yearly labor the great establishments they t$o much admired were fcuttained and implanted; they failed to perceive that the scantily fed and half-clad operatives were not only
in abject poverty, but were bound in chains of oppressive servitude for the benpfit of favored cl asses, l he
exclusive objects of the care of the government. I, , Ii " . . . . . ,.ui u, reconduct society in me uni- , " ' r"" "uiwjaaii jmuii. oiui äs " i written constitution adopted by which orders and ti- I
ties were not recognized or tolerated. A M'stetn of ! the (loverument would he changed, not by unamendmeasures was devised, calculated, if not intended, to j menl of the constitution, but by reporting l so unwarwithdraw power grad .ailv and soeillly from the States (antable. and unauthorized construction d ih r instrument and the inas of "he pe,.p!o. and hv construction to i T,,e '"direct mod of levying the taies by a duly on im-
approximate our government to the. European models, 'und subliming an arisiocracy . f wealth for that of j nr,lnr--.Ji;ii , r ,, . ,! . Without re lectm2 upon t he dissim.lar.ty of our tns .tut.ons and cd the conditio,, of our jle and thoe of Lurope, they conceived tla- vain idea of; building up in the United Slates a system similar t that which tl ey admired abroad, (ireat llritnin had J a National Uuik of large cupitnl, in wIiom hands was ' ..1.1 , t I . l i coiiceniraied the monetary and hnancial power or trie nation; an institution wielding nIno.t kingly power. and exerting vast iniluence upon nil llie operations of trade, and upon the policy of the Government itself. Gre it Jlritain had an enormous public debt, and it had become a part of her public policy to regard this as a "public blessing." (Jrent Britain had also a restrictive poli.-y which placed fetters and burdens on trade, and iramelled the productive industry of the mass of the nation by her combined system of policy; tiie landlords and other propertv-hohlers wer; piotected and enriched by the enormous taxes which were levied upon the labor of the country lor their advantage. Imitating this foreign policy the first step in establishing; the new system in the United States was the erection of a National Ilittk. Not forseeing the disastrous power and countless ei iN which such an institution might entail on the country, nor perceiving the connection which it was deijrned to form belwicn the bank and other brandies of the miscalled "American System." but feeding the t'tnbarrassment of the Tieasury, of the business of the country, consequent upon tin? war.-me id our statesmen who held different nnd sounder views, were induct d to yield th:ir cruples, and indeed, settled convictions of its unconstitutionality, nnd to give it their sanction as an expedient which they vainly hoped might produce relief. It was a most unfortunate error as the subsequent history and final catastrophe of the dangerous; ard corrupt institution has abundantly proved. The bank and its numerous brunches located m the States soon brought m uiv of the active politicians and influential men in different sections id the country into the relation of debtor to it and dependence upon procuring lovors; thus diffusing throughout the inns' of society a greater number of individuals of power and iniluence to give tone to public opinion, and to act in concert in eases of emergency. The corrupt power of such a political fiigino is no longer a matter of speculation, hnvj ing been displayed in numerous instances, but most 'signally in thj political struggle d" 1, in J opposition to ti e public will represented by a fearless ! and patriotic president. ! lut the bank was but one branch of tin system; l w a public lebt uf more than s'Jil,()C0,()l!O existed, and j it is not to bo disoniispd that many of the authors of Uie new s-ys-wiii tllil not re,oir(J its vpeetly p.iyineill as I essential to the pti hi i c prosperity, but looked upon its ; count inuanr us tin national evil. Wliil.-t t fur tleht i existed, it furnished aliment to the National Hank, and rendered increased taxation nrcesarv to tin , amount of intercut exceeding nT.DUO.DOO annually, j The next branch of the new M's'rtn was a hiih j protective tarull'. This was to ntFird houmics to faj voreil classes and particular pursuits, at the expense ( id all others; it proposition to tax the whole people : lor the puppo.e of enriching a few was too unmstroti! to be o)t nly made ; the K-heine was, ther. lore, veiled ! tinner llie plauiul? nut thMnive pretext ot a revenue '. to " protect liotm? industry," and many ol" our people ; were, for a time led to believe that ti tax which, iu main, fell upon labor was for the benefit of the labr I tr ViU i urancn oi me Hyso'ui involves ...I . : i : i ! 1 . I . a jiartnership between the tioverninent ami the favor - ed classes, the former receiving the prnrc ds of the ta. liuooseii 011 linoorieo nrueies. n 1 me taiter. 1 1 :.-. 1 .:i 1.1. .1 I r : I .'i 1 1 . 1 increased price of similar articles produced at home, 1 I - ...... canst il by such 11 tax. It is obvious that the portion . to be received by the favored would as a oeuerul rule i he increased in nrntii ir ion tn th 'men riv.i , f ti.e 1-ite i rates of tax imposed, and diuiinL-hed those rates as 1 ,1 , . . , , j , 1 , 1 , 1 1 .. ; 1 ; thev were reduced to Ihe revenue standard required I. . 1 . by the wanls ot the liovernment. ine rates required to produce n stillicient revenue f r the ordinarv ex-pen.-es of the (.loverument lor necessary purposes were ; not likely to five the private partners in this nehetno give the private partners in this scheme ; the profits sufficient to satisfy their cupiditv, und i hence a variety id expedients were resorted to for the i Olirooseof eiihir.Mll.r the ev nend, tores, nnd therehe ii 1 - - - - n - - - - - 1 - - j creutiiiir n noft'ssilv fur keepinjj :i luili protective ur- ' -i? mi ir . i ltr. lneetbctid tins policy wa t.i interpose nrtifi- ; ci tl restrictions upon the natural course of lhe biu-int ; and trade of the country, and to advance the interest,. i of ,nro,: enpilahs's and muiicpults at the expense of : the j,'reat mass uf the people w ho were taxed to in- ; crease their wealth. J his operated in harmony with 1 the new hVbtem which was a lm.'h protective "taritf. j Another branch of this system was a comprehmi Five scheme of internal improvements, canab e of inj eigenen, ,. su.ncie,,, ,o 8-...;v ,, jo many Imlhons amiuitly ..s r,.,;M bo .-xarW-J lro .! f,r,. -,m,,.rco , th, ,try Tl an a co. I vunii'ia ni)J uetosnry adjusli.nut ut tho prtit.vtivf lai tu. ii w o iu ue me; ort at uo-omor oi n ny Mirpnns ... i : . i . !... . i . .i rii I ........ I .. I i which uiioiii ill uny ume uccumuiaie in ine 1 rrasury, I i. i . i l . i .i
and of the taxes levied on the people not for necessary I liim's llloa our financial and pecuniary interests, and rerevenue, but for the nv.wed object; of aliordin pro- ' fuM '1 to charter the secon.l hank. The country 1m camo to..i;.o, 1 1 1 tl,.. r,.....r.-l " : abundantly ."ati-lied at the close of its twenty years tlura-
, , . .1 . , Auxiliary to this end. if it wa-s no an essential pntt : of the i-yMem itself, was a scheme which nt it later : period ikilametl, lor distributing the proceeds id the .snies oi ine ptmin: laiois tmion the Mate?. Uther ( expedients wr re deviled lo take the money out of the ; treasury und to pievent its comino- frmn nnv other I source than a prob.-ctive tariif. The iitilhors nnd sup - vrter.s ol Ihe system wen; the advocates ot lhe larger expenditures, whether for m-ces'sarv or useful purposes or riot, because the larger the expenditures the 'renter was the pretext for high taxes, in the form of protective duties ' Ti.........,...! .'it 1 these several measures were sustained lv popular , , , , . V , J. ' ' , tnes and plausible nrgu.nentH, by which thousands :re deluded. 1 he IniiK was represented to be an names WC indispensable fiscal agent for the government ; was to equalize exchanges mid to regulate and furnish n sound currency, ul.vays und everywhere of uniform value. The "protective tnritP'wns to give employment to "American labor" at advanred prices was to protect "home industry" and furnish u steady market for the farmer. Internal improvements were to briny; to every neighborhood a market nnd enhance the value of every man's property. The 1 . i .1 c .1 1. . 1 . ' "I .1
i.siriouu'M tu in" ifiuu money w as 10 etineii 11. 0 , pi engageu 111 tiiiiereui pursuits. .111 were equally eiinStatefl, finish their public works, plant school ' tied to the favor and protection of the Government. It throm-hout their borders, mi l relieve them from tax- ' t'osts-n! and elevated the nioni-d houses and enriched the ation; but the fact thr-t for every dollar taken out (1V f-'Vor.l few at the expense ,,f the inany. Its effect " to ,1 i- ! . J ,1 make the rich richer and the poor poorer. Its tendency the treasury lor tueso obiec s, a much larger fstiiu was . r , , . 1 1 1.1 .. ,v . ' . r , was lo create dislinetions m society basil upon wealth, trunslerred Trum the pockets of the people to the lu- MU, to piv 1() 1ht. 1;lvored classes undue control and sway vond clusses, was co.itimrtlly concealed, as was al- j ia ur (Jovernment. It was an organized money power so the tendency, if not the tiltinnte design of the i which resisted the popular will and sought to ni.ipc and system to build upnii aristocracy of wealth to control , control the public policy by taxing labor, the masses of society and monopolize; the political Under the pernicious working of this "combined syspowcr of the country. f1'"1 " measures lhe country witnessed alternate seasons ,IM i, P. . . . 1 of temporary apparent prosperity, of undue and disasterI ho several brunches oftlua system wero so intimately ' 1 1 e 1 . 1 n .. , , . ,, ,1 . ., 3 . , . oin commercial revulsions, ol unprecedenled Ihtcluations blended together that in their operations each sustained . ... . f , . . , , . , . . ,r 1 ,1 Ä ., ,,,! . . of prices, and the oppression of the r'al interests of agand ttr liilhened the other. their in. nt operation w.i 11 , , it i j r, . , . J 1 i i neu I u re, navigation, and commerce, and general necunito atld new burdens tift ixalion and to eiicourai'e a largely ! ... . , f r , , , . r i , ,-. i I-. r i r i arv sullering, and ol tho final bankruptcy of thousands. increased and wiMtelul expenditure ot public money: it ; . . ',' , c - ". wn. tin, interest of the h .nU that lhe rlvenuo rnPCl,d i Alter a severe strugol,. of IUore than a quarter of a cen-
i.n.l tli.hurseinei.ts inadu hv tho mivcrnment Minuld ho largo, because, being the. repository of tho public money, tho greater would be tho bank profits by its use. It was the interest of tho fivored ensues, who were enriched, lo havo the rate of that piotectiou as high us . . J r possible; for tho higher tho.u rates the greater would bo ; i I... . n.lii n ul i it ii'ij Un. ii.l.o.,ul d nil llo.-M. a....... ..... and b,rfl,ue which expected lo bo b, nclittd by ..,,,,. .Inure Ihr internal improvements that tho amount cn. lectetl should bo ns lar-'c as t.o.sible. no that the Mini ths. horsed utijtht also be the la.rr;tha Elates being the bene-
hciaiiei iu the distribution ol the bind money had tin in- the public lands has been abandoned, ta lit i the corruptercet in tho rules imposed by a protective tariH'that they j ting system of internal improvements, it is hoped,
iiooiti t-ugu eiiougn in j u üiniieieni revenue imm ina i nouico to mi l t uir .um m tioveriimeui wlllioui tlifturbiug ur taking from the laud funds, no that each of the branches constituting the HyMefii had the common in. tereNt of dwelling the public expenditure They had a direct interest in maintaining the public debt iuinnMd.md increasing; its umount becatme thin would produce nti annually inerensed drain upon th I reasury to iIih amount of the inteiest and render aui;mented taxes necessary. The operation nnd necessary cfTect of lht; wholo ayistem were to encourago large nnd extravagant expenditures ami thereby increase the public patronage and maintain a rich and expensive, Coveriinieiit nt tho expenen of a taxed ami impovf rmheil people. lt h manifest that thi scheme ol enlarged taxation and expenditure, had it continued to prevail, must non have converted the (loverument of iho Union, intended by its.
frnmers to ho a plain, cheap, and simple confedrntion of States, united to gether for common protection and charged with n few specific duties relating chiefly to our v iv . i - , . i : .j . I .
orei"n imairs mm a eonsonoaien mmre, uiiiinine me Stap(J l)rt,K.ir rltiKrTpj rights and the people t their just ptj Atr and control in the n.linimstrn'.ion I no ir iiovernwent. In this manner tho winde form and diameter f I'"" P-em " P1 ' 'S lhe m"u1"1 ". f h8S e,;f f e few who me thus enriched at. d who set k to wield the political power of the rountrv to deceive and delude thfin. V ere ttie taxijfm m jä lhe casfl in lht. State, thi, could not oecar. The whole v.lem waa resisted from its inception hv ;many of our ablest statesmen, and somo of whom doubled :,s 4.0i,stiiuiona'itv nod exi.edienev. whilo others believed jt was n n branches a tl iruit and dangerous infrac- . :ton r,f the constitution. 1 hat a national bank a protcclive tariff, levied, not to raise the revenue needed, but f.r protection merely internal improvements and the distribution of the proceed of the sales of the public lands, nre measure without the warrant of the constitution, would, upon mature consideration, serin to be clear. It is remarkable that no one of these measures, involving such monstrous consequences, aie authorised by any exprcs grant of power in the constitution. No one of them is incident to, as being necessiry and proper for the execution of the specific powers granted by the constitu tion. The authority under which it has been attempted to justify each of them in derived from inferences and constructions ol the constitution, which its Itlter and its winde olject and design do not warrant. Ii it to be conceived that such initiier. e powers would have been left by the framers of the constitution to mere inference and doubtful to struct ions Had it been thought necessary to confer them on the Federal government, it is but reasonable to conclude that it wouM have been done by plain and unequivocal graut. Thia wa not done, but the whole structure of which the "American System" consisted, was reared mi no other or better foundation than forced interpretations and inferences of power which its authors assume might be deduced by construction from the constitution. But it has been urred that a national bank, which constituted soessentjal a branch of this system uf meaui s, was not a new meausic, and that it ctietitu'i aulitv had been sanctioned in 1391, and had the i tliriil signature of President Wa-hintfbui. A few facti will sliow the just weight to which tin precedent should be entitled, as beating upon the queiiuii t.f contitution:ility. Cfie.it divii n tf opinion on the ubject existed in Con-jrt-s. It it well known that 1'iesideiit Washington enteitaitied sei ion dcaloN, b 'th as to the constitutionality and e.xpt ditney of the nieauic, and while the till wa before lorn for hi-; ifficial aopioval or disapproval, o great were tliuse doubts, lli:it he it qtiited the opinion in wilting of the rnemtjeift of Iiis cabinet, to aid him in ainving at a decision upiui the snl ject Gen. Hamilton in favor, and Mr. Jelftrrtu and Mr. Randolph being oppoed to the constitutionality and expediency. It is well known also that Pi esideni VYVhitihui letaiued the bill f torn Monday, the 14th. when it wits presented to him, until Ft iday evening, the 20th of Febiuaiy, t ciiig the ltt moment peinottrd hi.n by the contditiition, when he finally yielded to give his leluctant absent, and gave it hi signature. It i certain, tint, so I tte a the 2.1! f Kehi uaiy. being ihe riiith dy after t!ie toll wis pifMiifcd to him, he h:ol anivcd nt n satifactoiy concluüion, for on th.tt day l.e aldicsed u note to den. Hamilton, in whi h he jays that ibis bill "iva pieeuted to me by the joint committee of Congress at 10 o'clock, on Monday, the I 1 1 K inet IIa iooiwitli.il It l nmi.i tt ac t "i it. It 'it r.i rts i rt t m i l j by t.x illtei fetation of the const.tutiou, can the PieM- ! iUt tc:it ,t , j,is pusitsioii tef-te it bo considered law j by the l.p-e of the ten d.ivs. I If the proper cnustiuction was that the day nn which the hill was pn sei.ed to the Pu-sideni, and on the dsy on which his action was hid upon it, weie both to he counted inclu sive, then the time allowed hint within whirh it would be coiipetct.t fr him to rcttiin it to the I louse iu which it (ti-! filiated with his i'bj-cti-n, woti'd expire on Tb l i s.biy, the 21th of l'ebruiry. tier. Hamilton on the "time day icturncd an atiivver iu which be tute: ' I give it as my opinion that : you hive ten da) s inc liisi ve of tint on which the bill was j deliveied t you and Sundays. Hence, in the ptesent. if it is retained on 1-nd.iy it will l e in lime." 15y this construe- ' i tio,. whicfl ,ie plt.dcnt a h nte I. Ke .-ained another dav f.-r ' t'eliheraiion, and it was not until the 20th of Februaiy that i lie sititd the Lid ; thus i lltiin Coi, elusive pmcf that he h:J ' at lat obtaiticd his own cote-eiit to ?ijn it, rot with ut reat i and alri!i't iusupeiable ditOcu'ly. Additional lilit his since i been JheJ upon Ihe deiious doubt which he had up.iii the1 . - j . i sut j.., atnountii. at one time to the convicti .n that it was J ht duty to withholl his ap ippioval Irurn the bill. I hi is ! 1 found run,,,,, .,one the tnanuscpt paper, of Mr. Madi.o,,,; 111 i.HOri lii tn timr iKfil l.ir t ii ni n t n (.uniiinnnl tiv ; " - ' - - an m. 1 oi uie i.tti seion, :iim uw lor 1111: urt true accesi- ; o ' .. . .1" ) I. .. I .. . , .. I .. ... l . . l. . . ; it'toti, while he yet held the bank bill in his hinds, actually if.piet(d .Mr. Madison, at that time a member of the House 1 ! of Ht)ietntaliVC. to uietuie the draft of a veto message for ! mrn- Mr- Madron, at his ieqiet, di 1 picpaie tiie diaft of j i Mich a nie-ae nd sent it to him on the -ist T I'ebtuity, ' : ,-ol . , , f ., . , r, . , J 1.U. A copy ol this original dial?, 111 Mr. Madis. n 's own 1 j handwriting wa carefully preserved by him, and is anvnc : j the matter lately purchased by Conre.s. It i preceded by a i j ' u" on the same ihcet which i at wiitten i:i Mi. .Midii -u" j I "V Jls, 1 1 Jl. Copy of apnp.-r inadeontand sont to ( t1"' ,V"sijl,'nt 'lt rflu tl be ready in case his judg-; j "nt should finally decide against the bill for lilt orporatll.;T ; v.. I I? ..,! i.;u i ..... t i...r i.:... " . .,..i.. t . . t ,1 . t in ' ' Anions the objections assioucj ja this paper to the hill, , ; anJ w,uch WtTi. .Lmitted' for the consideration of tho t l're.-iilent, uro the following: ! ! tq ol)jecl t() t,H. l)iU jt IsQn rss(,,ltial lirillci1je of ' this Government that power not delegated bv the Consti- . tutioa cannot be righteously exercised; because the power j proposed by the bill to he exercised is not expressly dele'- j ! gated, and because I cannot satisfy myself that it results: 1 lrt"11 niiy expressed power by lair and sale rules cd interi1'1"""- ! nJZ7" .i, h s I u.cn BO tftvll i.,,,, in h, ,,y , of .. fa, tlll,u,,, s:isfy ,l..Ucoun.r'y i, J,U not tu U continual, lt xvutilU bvt W,-n fortunat.- for the ri: r -1 1 . r - 1 1 t r 1 . a 1 i i.e. i .- , . ; country, uiiu savcu inousanus ironi nauuruptcy aim ruin, !i i . ..ii: . i.e.. . ".i t j nau our pnonc men resisieu ine temporary pressure oi mo i ,! A..........!..l... I ....... a.. 1 . j i i tion, as in the case of lhe first bank, and it also ceased to i i ,r ..... P....; i v... s ,.e r,,.,;,.,.,,, T o Lc.o,. it j r,., it.(1 all(1 f.-n, anil a sabseinient attempt to charter a sim- i dar institution wa3 arretted by the veto of President Ty- ; ler. Mr. Madison in yielding his signature to the charter of ' J 1 1, did so uiion th; ground of respect tine to the Trore- ' dent; ami. as he hubseipicntly declared, the. Hank of the United "States, though in the original question held to bo unconstitutional, received tho I'xeeutive signature. It is probable that neither the batik of 1TJM nor that of I would have been chartered hut for the embarrassment oun-riiuiiiu in us uiiuneiai an tirs nun iu tue tieI- ......... 4. r 1 . . . ... 1 . 1. . 1 i iaiireiiieni oi tue cuireuev l ie pressure wu c i t'X so'U, i ., r.i e .1 1 1 . the first in conseipienee of the war of lhe Revolution, the H.COIu lhe COI18l.lieilCl. of tll war lf lM-l,oth were re1 surtt.j to iu the delusive bono that thev would restore t.ublope mat tnev would restore t lie credit and afford relief to tho (Jovernment and to the business of the country. Those of our public men who opposed the whole "American System" at its commencement and throughout its progress foresaw and predicted that it was fraught with incalculable mischief and must result in serious consequences to the best inlerestsof tho. coun try for a series of years. 1 hese wit e con m ils wero un- j heard and the system v.is established. It was soon upparent that its practical operation was unequal and unjust ' upon diln-rent porlioiu of the country and upon the peo 1 . .v ...... , ir 1 o 1 .. ! 1U,J The hank has been succeeded by practical systems of finance, conducted and controlled folely b the ( lovertimcnt. The constitutional currency has been rt't-tori d : tin; tinblic credit rnnintaiiwd imimn.iir.'fl. , iu u ioJ f fni j ,j , , r" ; lr' Un Imvoi,,, hsfi.sl that banks, national or Mate, ! "Miot necessary as fiscal agents of the ( .overmen! ; i the revenue dutit h have taken the place of h nndecI five t'irill; the distribution derived from tin; sales of 1,. l.ru elleCttiallV Checked. It is not doubted that, if the whole train of measuten designed to take wealth from the many and befdow it upon the few were to prevail, the ell eel would ' 'K' lo change the entire chnrncter of the (Jovernment. j One only danger remains; it is the induction of that i branch of the system which consists in internal im provetnents, holdino; out as it does inducements to the people of particular sections and lo -alities to embark the liovernment in them without stopping to calculate the inevitable consequences. This branch of the syatem is bo evidently linked with the others that, as Purely as on effect is produced by an adequate cause, 1 if it be unrestrained nnd firmly Chtablished, it requires no sagacity tofortsec that it will necessarily und tjced-
Hy draw after jt the establishment of a national bank, the revival of a protective tariff, the distribution of the proceeds of the saled of tho public lauds, and not only tlnj po-tponeinent to the future the payment of the present national debt, but its amount will annually beinrrosed.'g I entertain a solemn conviction that, if the internal improvement branch of the "American system" U not firmly resisted at this time, the whole series of measures composing it will be speedily established, and the country will be thrown back from its present high state of prosperity, which the existing pohev has produced, and be oe.-tin-ed again to witness all the evils ot commercial revulsions and a depression of prices and pecuniary embarrassments through which wc have passed during the last twenty-live years. To guard against consequences so serious is on object of high national importance, involving, in my judgment, the continued prosperity of the country. I have flt it to bo an imperative obligation to withhold my constitutional sanction from two bills, which had passed the two houses of congress, involving the principle of the internal improvement brunch of the 44 American system," and conflicting in their provisions with these vi .vs. This power, conferred upon the President by the Constitution, I have on those occasions, during my administration of the executive department, deemed it my duty lo exercise; and on this last occasion of making to Congress an annual communication of the state of the. Union, it is not deemed inappropriate to review the principles and considerations which have governed my action. I deem this the more necessary, liecause, after the lapse of sixty years since the adoption of the Constitution, the propriety of the exercise of this undoubted constitutional power of the President has, for the first time, been seriously drawn in question by a portion of my fellow citizens. The Constitution proviues that every bill which shall have passed the House of Krepreseiitatives and the Senato, shall, before it becomes a law, be presented to the President of the United States; if lie approve, he shall sign it, j but if not he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large in their journals and proceed to reconsider it." The preservation of a constitution from infraction, i tt e President highest tuty. He i bound to ducliarg.j that duty at whatc cr hazard of in urriir the displeasure of those who may I i r V r with Ii i in in opinion. lie is l-oun.l to di-chrc it is well liy oUigfcttiuu to the petde who have clothe 1 hint woh his exalte 1 trust, as hy Lis oath of oflice vthich he may not distegjrd. Nor are the obli jntioilS of the Presi.tiTif in nnv i!i iti i lessened t v the !r v::-
leur.e of view dilhrciit from his own in one or hotn !lui.-s f 1 t'oimreii. It is not alone "iiartv ami inconsiderut - lejrM.itiuu i that he i required to check, Lut if at any time (Jonre.'s bl.jli. j.fter appaiently full deliberation pass any acts which he deemaeuhversive of the Constitution, or of the itnl interests of the country, it is hin frolemu duty to stau 1 in the tieuuli and resist them. The President i bound to pj.rove or disappiove any bill w hich j.asses Concress and is pre&entrd to him for his ninature. The Constitution makes this Lii duty, and be ennnot canape it if he would. He has no election in deciding when bills are presented tu him, he must exercise his own t est judijriirit- If he cannot approve, the Constitution demand him to return the bill to the IIouk- in w loch it originated, with his ohjertiouo, and if he hols to !o this witldn ten duys, Sundays excepted, it shall become a law without his mjjli at ure. ltiht or w rong he may l o omitted by two-thirds of each IIou. nnd iu that event the bill becomes a law without his sanction. If LU objections be not thus omitted, the subject is only postponed, or is referral to the States, or the people lor their consideration and lierision. The conshletatiou is, howevnr, negativ merely, and not athrmatire. ami can enact no law. The only cllert. therefare, of his w itiihoMin bis airoh;.tiou of the lall passe l t y Con-! fn'l' H'V'V'1- ,awstVnnini ha',-rJ' an, H'u tleljv ooc.-isionej i. Only tliat repnro. to cnahli' the States an-l tbe people; to roiikiJer nnl act up n tiie ubjeet in the t lection uf piii In: agents whu shall jhow their wishes and instruction. Any attemjt to vietd his tauction to mciiiirrt w hielt he cannot approve o.ilJ a violation of tl.fl si.irit of the constitution, pah.aU an-1 fla.iant. and il su-cesfiil would break down the independence of the executive department and make the President elected by the people: and cloilo-d by the constitution . with the power to JeUaJ their ril ts, tiie tnel nere'i.istrumcnt of the majority t.f "on2ress, ui.J s part of the power witri which the constitution , hixoiru woi;hl hi l'ct, tie un alteration ot thnt a surirüi'er on his bus invested him, iiotruiiitiit witliout reaortiiij; to the prscribeJ procesn of amend ment. With the motives or considerations which tnav induce Con'-ess to nas.-? nnv bill, the President can have nothiiifr lo d). He must pre-ume lhetii to be as pure as his own. and look only to tho pn.ctie-,1 , i;.rt ,i I ,. , , . el their measures when compared with the Lntitn - . ... ' tion or the public -od. Lut lt has been urjreil by those who object to the .exercise of this undoubted constitutional power that 't avruh; tho representative principles and th' caoncily d the people to govern themselves; that there j it greater safety in n numerous bodv, than iu the s.ti"!e Executive created bv Constitution, und that the Kxecut,ve is a -one man power." despotic in its charac - ,,, I e ii . . . ter. lo exp.o the fallacy vi this objection it 15 onle noce.ssarv to consul. -r the tVtiinn nn.l Imp i'li,it:iftcr ü(ir ,vM ,n. ()lir s is ,U)t ,.on,n,i(t,ttll ,,,,,,1 I but rt confederated Union. The Stales, before the
adoption of the t'onstitution, were co-ordinate. ep.al J?reatu vote of the people, than that iecei d by 11 mannd separati indepcmleiit sovereicjnties, nnd bv its ,J,jr,,.vadoption they did nut l.,ec that cliaracter ; they chilli- j ,f F'f17'I ur(; '" c'J,1I;tV,1' lht '", V' con" 1,1 pit' , .1 1 . ; stltulioli should be bO chaiißeil th it no h.i shall becoum ed Ihe l etleral (loverument with such certain powers, 1 1,1 , 1 1 . . 1 11 1 1 ,l hiw utile. it bo volcii br bv ineinbers rcrrt renting 111 and reserved all others, mcludin- t.i-ir own .over- c;i(.h lloUM. n nj ,ritv tjt ,(u, ;yloI). uU, u, lhc eirnty, to them-elvc. '1 hey ijuarued llieir own Wc must ifcUiode! tur whole stein, strike down, nnd lights as States and the rights of the people, by the nboli-di, not only the salutary clo ck lodged upon the V.xvery limitations which they incorporated into the ecutivo branch, but mut strike out and idioli.i thope Federal Constimtioii. We hive, by the d liferent de- l"d d in ihn Senate also, nnd ihm praetirri!v invest tho
I a r ! men ts of the eeneral (jovernment, checks upon etch other; tint the majority should yovorn is a -en- , , . , . , ', 1 . .1 . eral principle, contradicted by none, hut thev must 1 1 , - , govern according to the C nstitutun and not aecrd-
mg to the undefined and unrestrained di.-crelioii, luiitnnze mir vh..!e Matern. We must th m.ov the ton. whereby they may oppress the minority. Flitutional comprint by which the .vet:il Stntes agreed to The people of the United States are mt blind to thj form a IVdeml Union, and ruh into consulid.tioii which fact thut they mint bo tetnporanlv misletl, and that must end in monarcby nnd thpotisin. their Jlcprcisentativrs, Leoilature'and Executive mav rN, om! dvocann ucll proposition, and rt the docbe tnis'akeu or intluenced 111 their action by improper ;"'ta'd. f carried out, must lead n th.. result. ... ti .1 c . it," .1 th c git at object f the coiii i;ti in 1:1 c nferiiii up ui the motives 1 hey therefore interposed between them- ,,edent . qualified negativ, non u.e U..ocn Lf Conselves which may le passed by their public agents', press, and tl.ey agreed to be bout.d t v the cntttitutiai, frned various Representatives, euch as Assemblies, Senates, by Gongte, was to pioiect the minoii'y fum i;jutice a:.4 ä 11. si r .1. .t...i. 1 1 f a
I I . ilfurtmrc 111 1hfif On.rnl Mtit..c ft ml II .men i.t I ' Um cÄÄuÄ j Slnlcs TUu ,c c:, bv ,hl,ir . (iri.cl , ke no law ; oVc, tt,'ll..e ..f IWmiJ', i ...Jiau.lv ..U-twl bv tl, : nor c.. tl, S.-ti,t., - - - - j t nor can bolii together, without the ri.netirrenc.Mif the Presith nt, or a vote of two-thirds of b th Htu?vs. r .1. . I .... . . aptuiy for themse vta the people in framing an adtni- . . , J r . . , rabie system of Goverrimant. were conscious of the infirmily ul their representative?, and in delegating to ihem the power of legislating, they have fenced themselves around with check? to guard against tbe defects t.f hasty action, of error, of cumbinati or if potable of corruption. Error, nedishnesa, and faction have otten sou'at to rend asunder this last of check and aubj-et the GjV. ernment to the control of fanatics ami einibter influences but these etlorts have only satisfied the people t.f thwisdom of tho checks which they have impon.vl and el the necesity of preverving them unimpaired. The true theory of our system is Jl to govern bv act. (vmcui is mil io noerii nv ncia J
Jf ,r .. i'l . vt " 11 i-oomu uv. imviu 0 a voir Ol lJ lilli,.-" Ol UOUl ecrces ot any one seif representation. I he constitu- it ,. 0. i .,, :, i i. . i i . . .i i i . . ,J. ti I i r . . , ilotiM-s; but it has a right to deiuainl tliat the President tion lo.pose ch.ck. upon all branches of the g.ver.iment, ; exi.reisc his tun,u,llüIial lOW,.r arr,st ix U in order to give time for error b, bo corrected anJ dc.usiou ' objection is against the surrender this, however, er fulmg to to pass away; but if the people aettle down into a firm I exereisn it in a case where he cannot approve it, would conviction dun-rent from that of the representatives, they IU:ike his approval a mere mocktrv, and would lo itself a give elhct to their opiinoua by changing their public per-1 violation of the Constitution, and the di-nting State dnti, iu the adoption of the constitution, as the best t vi- j w ould be compelled by law to submit to that w hich had denre of their capacity for fclfgovernniont. Thty know i not been passed according to the Kinctions of the Constithat the men whom they e'ect to public stations arc ofjtutiou. like infirniitiea and pansions with themnclvcs, and not lo Tiie objections to the exercise of th veto is founded upbe irusted, hemg rcütricttfd by co-ordinate authorities and ' 0, the idea respecting the popular will, which if carried constitutional limitationa. Who. that harf witnessed ihe ' would animate the State sovereignly and M.l-.-t. tut.- for the legislation i f CoiißrcM fir lhe laut thirty year, will t-ay ' Vr'ut I'-nd Uoverimieiit a t onstitutioii tiiret ted by a that he know of no instance in which measure,, not de- j M'll''d numerical majority. A revolution ol the Coymi mied by the public good have not been carried! nment would be silently e lect. J and the Mates would , . , I be subjected to laws lo which they had never given their ho will deny that in the State (luvt rnmeiits, by ; eonstitutiona! consent.
combinations ot individuals and sections, in deroga - tions of the general interests, banks have been chartered, systems of internal improvement have been suggested, repressing their growth and impairing their energies lor years to come. Aftei no nuicli experience, it cnr.not be niJ tlut ts'dute unrlicckcd power i; afe in the lunds cf any one et cd Ut prcaeiiUtive 9, or tliat the opacity of the people for fcelf-ov-eiiitnent, winch is admitted in ill bioadvst ixtent, is a conclusive Migutncnt topiove tbe piudcnco, wisdoai, und iutcglily of their lepiesentativt n. The peaple, by the Cotistitutian, In ve rntainntidctl the ritfii!eiit, as much as thty have cotnaiunjed the heiUtive bt&nches of the (iavettinicnt, to exnute their will. They have said to bun iu theirConslittition, which tlicy icijuirc he (drill tuke a soletuii oath to uppoi t, " if Coiigt cs Ins passed any bill which he shall not appiove, hu hill return it t the House in uhich it shall have oi innate 1, with Ins o! j-. ti it.s." In withholJieg from it his appiuval and sttiattiie, In; is exe cutui the will of tiie people, caisiitutiotially cxpiest d, us m ut li at the Contc$s which pasted it. No tall is pit Mi ned la be iu accoidat.ee with the popuhr will, until it f ti ill have passed tlnough the hand-! of ihe lloveintnei.t ic.piiite I tn.iUe it a law. A bill pased hv the lloune nny I f tcj.cud ly the Senate, and a bill pased by the Senate may t'C ujected l the Ibiusc; in eih cae, both IIou i xtu ie the veto power over I li o ol lu I. Confess and each House of ( onricss h l I. under the I on ftitution. a chirk uion the Pitideiit; ml Ik-, ly the paw t r ef t lie nullified vita, a check up'ii (Vnjus. Win n the l'ieident leci niineeds tneasu es to t oturcsi, He avers in trie iii.i.i solt inn f. ii in l-is opinions, gives his voice in Ihcir uvor, and pledges himself iu advance iu a. piove Hu m if pnnd by Conies. If he acti with tut due coi;.i leiation, or has li-toi ii.lluci.ced by itnpnper or corrupt motives -or if fiorn any e'.lier cause, Conirie, er cither H tUse, shtll ditrr wnli him, thev fxercise Ihcir veto upon his lecommendatioiis, and reject ihrni, and Iheie is no appeal fiom their decisiatl but to the people, at the ballot box. These aie pioper checks. Men will bo found t object to t lit in to wih ihem lemovcd lt is i tpially impoitaiit Hut the constitution! cliccki of the Kxccutiveupoii the ucKislalivc bianch houlJ I e ptcsirved. If it is said that the rcpn sent it i ves in the popular branch of Congress aie chosen ilurctly by Ihe pe q,le,it is answered the people elect the 1'ieji lent If both InmsiC leprtsent the State, and the people, o does tha rresidftit. The Picident lepiiüciit in the Kitcutive Deputment the whole people of the United Stales, as each tnunber of Ihe Legislative Department leprcittits portions of thctn.
The dort tine of rettriclion iiHn lcjjilt mi and leitnr'iv power which a well grilled public optimal i utial.ie within a reasonable line to arcurn;lia its enj, ha int'e our ceuntiy what it is, ami ha opened to tach a came of üluiy and luppiues a which all o'hei nati ri ate ttatt ns. In the exeicine of thii power the Picsi lent i re.p ttiM not only tu an rnnMei ed puMir opinion but t tlie "'e of the United State who eUcttd Inn, a the r'ptc' n'ative in the hgislitive btanclies. who uny tlilfer with him aie rIiiit.te to the te..pl of paitirular Sta;rs m ditiic". To icMtict the r.tsilfiit in the exticiie of tl tit prter w.-uM he hi lepeal tint pnti .n of the cjiititmi n w hi h c.'tifer it up o. him, to cture Jthat it t xeirie tindtitv cntiacti Ihe legislative will, is to cmplaiii of the cot. vi li ion itself. If the Presidential veto be objected to on the ground that it checks ami thwarts the public will, up.ui ihe same princit le the equably i f the represet.bitimi of the Male- iu the Senate fh.'uld be siricken ut of the Uniituti-n. Tho voto f a Senalor from Delaware has the name v iiht in dcciiSinij upon the ni.st imp.irtatit tnensurts will the vote of the Senator fr in New York; and et llie ne. repreKents a State cio.tainitii;, aecortüng to th existing appor tiomnent cf "KertMMitativrs in the Hut.e," representatives of but one thirty -fourth of the oth-r. IJv the Constitutional composition of the Senate, h thhj irity uf that b.idy from the smaller States, represent less than one-fourth of the people of the Union, od there are thirlv States, tttnl under the exinting apportionment of reprr-enUtivef, 10 of the entailer States are represented iu the House by but 50 members. Ami y t the Senators lr tn then- State constitute a majority of the Seriate ; po that the l'reaidrii may recommend a measure to Congress, and it miy receite the satiction und aj proval tf more lhaii thre rjuarteia of tbe House of Kepreentatives, and of nit the Senators from th large istates, containing more than ihree-fourth of the whole population ; and yet the mcaure may be defeatetl by Senators from the smaller Statt. 'None, it i pre.-utned, will tie found ready to change the orintzition of the Senate on this account, or to unKe that body practically out of existence, by requiring that it action thoulJ becontiucd to the more numerous branch. Upon the mine principle that thevetuf the President ttould bo prariically itliolnilied, the jmiir 'f tde Vice l'retiJent to gite te coning vote upnii an equal dtviftoii tT the Srnate, fln.iii bea'Mli.lud aluii. Ihe Vice 'iei.!ent icitd the Veto power a t tft ct ual ly by r jet tin if a bill by hi cut ins; o(e, at t be t'letuleiil tlM by refiiviut; to f.pxie or tun i:. I iie (ner La been lined in iww intanc hj the V.ce l'n-idt nf, itif limit important of which na 'lie rejection of ttie t.i!l tt re .harter the Itank if ihe t'niu d Sttc, in I d 1 . Il may hapern tlixi a bill may lie ped by a larger inaj.nitv f ttie llne ol ilrjnf irnta-
ttvei, iimy he upp.ncd by the Senator Ironi ihe larfet Siatu, "'"J "he Vice I'itfMiltiit max lejrci it '. sin.i; in nie Uli the "atoi Itom tie- iiiai! Siuut; and t none, it i i.ir.iinm!, are pi-pard to leiiy to hin the racrei- of his poer untie r the C-ont i tu tum . Hut it is in point tf fact untrue thnt nn act parsed by C u.resd is conclusive fvidcm c th:it it Is1 cn cmanatnui of the popular will. Tho majority of tho whole members elected to ench lloue of Congress constitutes a quorum, and a majority of thai quorum is competent to pas laws. It iniht I a.tpen thnt a qnoruni of the House of Rcpre.i-ntatiie, eousitin of a Htiolc member more tiotu hilf cf the wlt.dc number elected by a majority of a .-ino;!e mtc, and yet in that ca-e a traction more than one-f.urth o! the pcopie of the United States Would be rc pt t -sent d bv thoe ,,. ,., t i - ; I . ; t . i i . ' . i -ii h lor lt- II "t happen that tue same bill miht be pas-ed bv a majority of one of i jtitrum of t's Senate, Composed of Senators from the filu-eti ., ' . . smaller states und a myle S'tnt'T lnm a sixteenth -;aj(.f anJ jf tlL. Sciiators votih"- for it liapiieneil to ! , r . . , ' , "e ,ro,u th eight Ptnallest of th-.y StnTos, would . bo passed by the Votes of Senalü.-rf lVotil iSlalfS h'tvitifj , f rlllirt ' rmirilcn(,tll,,0 ; ,(. 1 ! "w " 1" Jtftaininjj less t I tjie tj ; man nne-pjxtecniu oi me wnoie popuiaUnitcd Statcc This extreme case is etated to illustrate the fact that the mere passage of t bill by Congres, is no conclusive evidence that those, who passed il represent the mnjoritv , 'f the people of the United H tat et, or tmlv r fleet their , " r ucli an extreme case is not likely to happen, , cmm h tint approx,in;.te it r ol t ..nst .nt o. currcnce. It is oelieved that not a single biw bus Jieeti Ir oned smco , . . r ,. - . . . ... ! tin nil'iptioij til the constitution upon v hieli .-ill tu tueui. , hcrs ,.,,.,..,, tl) niMJ,(.sa ,t,v,. ,,,.,. prt ent and votMnnv of the mot in.portai.t acts which have passed ; Conre.-a "have been carn.d bv a ch.e vite in thtso lliuses. .Many int:mies of this tni?l.t bo üiv .-n, !?td't( our expeiieiue proves tliat ui.oiy ol the nit iinjiottnnt : :v'u ii '"'ress aro postponed tu the l ist day, and often :u ,asl ,l",u1r vt a m-smo,, u ,( n U.ey .e dLjiosed of in ; '':,ste '" b,;lh lIo""'s' h-v but ' r necessary to constitute a quorum, Jt;S if, nüsl C) t,,e t)0 IlllIllU.r ,)fl,,e ,uWor 1..,.. 1. 1 1 1 .1 1.. ' : 1 Z majorities of pertive uislricts. an. I it may oappeti a m.ipiritr of that house nnv be n tun; I bv a les ai ..... . whole power t.f the government in the majority of a smS1 asseintdy, a majority mir,ir.dlcd ;o,d abstdute, and which mav heroine? despotic. lo Mfif. iiu to the doc- ,.,, ,r . 1 , . . 1 . r.i triuo of the right of ni.qonties to rule inde p-u!erl t f tho f.,M.r. aM(1 ".,,;.,, ? ..... . n,,,.,:,;,,, ,,. ' P ,, I'll' 1 1 1 1 ' II UV 1 III Il!Jf(fii" 1 nn ICUaiifV ( I inp I ffllPsl-r I ! !i' ' ? ' ""7 wm'm'u "Jü'.Z, Tr, Ä Wt. mul ..!.! Z c"! cies.. ,.x.e.,ii,r i..,.., T,,' tl,.. ,.'.!:.. ..1 k. r, . - ' - --- ir tatef, theicfoie tiie focseivatnui f ti,- j.vtr and m -"'cise upon pioper o carious d m n.Jn. ,t, is of vital i.npuitance I he ralihcd the rouslitti'i u: atd tti'etrj into the ., , . . , , , . ., . w. . oiiiou, 5ccuui tJ ihrtnelve ouahtv with larger S'ats m tie s,iiatt.. and thev .t ed to he bound by M.e constitution ftamed by r..ng e.c, n;nii the ix;re roi.üti o.. and 1,011 t thci , tl.at t!uy vln.uld Le ej.ovetl t v 1 he ci.h :.t or pas-ed, , with his ot jet 'ioi to the tt utiaty t i -tw riit n in , by a v'Jtt f two-thud i f ioih l,oues. l'r.n ihn ccndnion they ,,avc l,-"t lu ,,!Mt is a a,t tf U,K ' V--' tlJ whith ihey Kve U.en coI:,ent. l,e 'Ilht !e passed by Congress agiiust the wil1 of e whole people of a particular Slam ag.iiiit lhe vt.-s 4 t S-uatuw and of ul! the Keprent;-.m. s, however prejin o ud it l.oght be to the intends ..l sued. State, it . w"!,i. U l'l1n111 b-v lt' ,f, 1 rt"l hou '1 "i'l' l . . t i i i it , . ..rii if cti.oil.l l. ..11... ..... .1 ..... t.,... ..r 1.1. j The Supreme Court of the V. S. is invested with tho power to declare, and h is declared acts of Congress, p;t,-s-ed with the concurrence o! tho Senate and House of liepreseiitatives, and the approval or the l'reident, to 1.. unconstitutional and void, und yet none it is presumed caa be found who will In? difjosed to tdrip this highest juuiciil tribunal under the constitutum, of this acknowledged power, necessary alike to its independence uiui the rights of individuals. For the same reason that the cxeeiiiiv veto slior.hl, according to the doctrine maintained, U: r. o.ö red nugatory and pai lit tilarly expunged from tin Co.itiiulioii ; tlis pow. r of the court .should also bo rendered nugatory and expunged, because it is a rttr.diit upon the legilativo and executive will, ami U-cjuse the exercise of such a power bv the Constitution may be regarded as U-ing iu conllicl Willi the niijority of the people to rovt rn tli. ni. Ive. lud'-td there is ni'-rc cause i.r iikui t!us poM-r uf lhe Court from the Constitution, than tle r.t is in that of llie tpiahlted veto of the l'reid. tit; looaue th" t!et isiou id the Court is filial, and f lit lleer le reverse,!, t ell l though both Houses of Congress and tiie i'r. i.i. nt should he unanimous in oppovtioii to it: whereas the vt to of the President may Ix- overruled by a vot- of two thirds of both Houses of Congresx, or by the people at the polls. It is obuoiis that to pit serve llie m sit m tTjabliihtd by the CollntltlltlOll, eat ll t ( the C-(M ollllite IllelllbciS of tho ' tioveruuieiit iho llxecutivo, tho L. civlaturc and the Ju- ; dn laiy- mus bu left iu li.e exercise of Us aptimpri-t J bower, ll itho executive it tho Judicial braneh be deprived o port er, confeiied upon t ilher as lierk mi tho Legislature, llie propondenee of the hitter will becomo d ii'proportionat, und ahoibiiig all the oiht ri,will be important for thut which they were ettliliheii. Orutize. us they weiu by tho Constitution, they harmonized to. gether hariiioni.uisly lor the public good. If tho Cxeeul lio find tho Judicialry bu depiixtd of tho Constitutions power invented in then), nnd ol their duo proportions tho equilibrium of lhe system must bo destroyed and contadod.ttioii of unchecked dehpolic power exercised by tho majorities id Legislative brauchek. The F.xecutite, Legislature and Judicial each const. tute a seperate, co-ordinate departn.oat of tho (iovernmcnt ; and each is independent of the others ami the performance of their respective duties under ti c constitution neither can, in its legislative action,
