Staunton spectator, and general advertiser. [volume], December 13, 1848, Image 3

About Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849

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wholly exempt from public indebtedness. 1 his
would add still more to mir strength, and give to us
a still more commanding i>usitioii among the nations
ol the earth.
'nl0 pubiic expenditures should 1h: economical,
and lie confined to such necessary objects as are
clearly within tho powers of Congress. All such
as aru not absolu ely demanded should Im postponed,
and the payment of the public debt at tlm earliest
practicable period should be a cardinal principle ol
our public policy.
For the reason assigned in my last annual nies
Kitro | repeat the recommendation that a hratM.li ol
the mint of the United States lm established at tho
city of New York. The importance ol this mea
sure is greatly increased by the acquisition of tho
rich mines of the precious metals in New Mexico
and California, and especially in the latter.
I repeat tho recommendation, heretofore made, in
favor of the graduation and reduction of the price of
such of the public lands as have been long offered
in tho market, and have remained unsold, and in
favor of oxtending the rights of pro emptiou to ac
tual settlers on the ur.surveyed as well as tho
surveyed lands.
'Fhe conditions and operations of the army and
tho state of other branches of the public, service un
der the supervision of the War Department are sa
tisfuctorily presented in the accompanying report of
the Secretary of War.
On the return of peace, our forces were with
drawn from Mexico, and tlm volunteers and that
]iortion of the regular army engaged for tlm war
were dislonded. Orders have been issued for sta
tioning tlm forces of our permanent establishment
at various positions in our extended country where
troops may be required. Owing to tlm remoteness
of some or these |M>sitions, the detachments have
not yet reached their destination. Notwithstand
ing tlm extension of the limits ol our country, and
tlm forces required in the new territories, it is con
fidently believed that our present military establish
ment is sufficient for all exigencies so long as our
|ieaccful relations remain undisturbed.
Of the amount of military con tri bin ions collected
in Mexico, tlm sum of seven hundred and sixty
nine thousand six hundred and filly dollars was ap
plied towards the payment of the first instalment
due under the treaty with Mexico. The further
sum of three hundred and forty six thousaad three
hundred and sixty-nine dollars and thirty cents lias
lieen paid into the Treasury, and unexpended bal- |
ances still remain in the hands of disbursing officers
and those who were engaged in the collection of
these moneys. After the proclamation of peace no
further disbursements were made of any unexpend
ed moneys arising from this source. The balances
on hand were directed to bo paid into the Treasury,
and individual claims on the fund will remain un
^adjuslcd until Congress shall authorize their settle
ment and payment. These claims are not conside
rable in number or amount.
1 recommend m your favorable consideration the
suggestions of tlm Secretary of War and tho Secre
tary of the Navy in regard to legislation on this
subject.
Our Indian relations aro presented in a most fa
vorable view in the report from the War Depart
ment. The wisdom of our policy in regard to the
tribes within our limits is clearly manifested by
their improved and rapidly improving condition.
A most important treaty with the Menomonies
has been recently negotiated by the Commissioner
of Indian Affairs in jrersoiis by which all their land
in the Slate of Wisconsin—being about lour mil
lions of acres—lias been ceded to the United States.
This treaty will lie submitted to the Senate for rati
fication at an early period of your present session.
Within tlm last four years eight important trea
ties have lieen negotiated with different Indian
trilies, and at a cost of one million eight hundred
and forty-two thousand dollars ; Indian lands to the
amount of more than eighteen million five hundred
thousaad acres have been ceded to the U. States;
nnd provision has been made for settling in the
country we-st of the. Mississippi the tribes which oc
cupied this large extent of liic public domain. The
title to all the Indian lands within the several States
of our Union, with the exception of a few small re- !
ser vat ions, is now extinguished, and a vast region |
<q»ened for settlement and cultivation.
The accompanying report of the Secretary of the
Navy gives a satisfactory* exhibit of the operations
and condition of that branch of tho public service.
A number of small vessels suitable for entering
the mouths of rivers were judiciously purchased du- !
ring the war, and gave great efficiency to the squad
ron in the Gulf of Mexico. On the return of pace, |
when no longer valuable for naval purposes, and li
able to constant deterioration, they were sold, and
tlm money placed in the Treasury.
The number of men in the naval service aullio- i
rize.d 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 tlmir services may he most usefully em
ployed ; and the naval service was never in a con
dition of higher discipline or greater efficiency.
I invite attention to the recommendation of the j
Secretary of the Navy on the subject of the marine
corps. The reduction of tlm corps at the end of
the war required that four officers of each of the !
three lower grades should he dropped from tlm rolls.
A board of officers made tlm selection ; and those
designated were necessarily dismissed, but without !
any alleged fault. I concur in opinion with the
Secretary that the service would he improved by
reducing the number of landsmen and increasing
the marines. Such a measure would justify an in
crease of the number of officers to the extent of the
reduction by dismissal, and still the corps would
have fewer officers than a corresponding number of
men in the army.
The contracts for the transportation of the mail in
steamships convertible into war steamers promise
to realize all the benefits to our commerce and to
the navy which were anticipated. The first steam
er thus secured to the. Government was launched
in January, 1847. There are now seven; and in
another year there will probably be not less than
seventeen afloat. While this great national ad
vantage is secured, our social and commercial in
. tcrconrsc is increased and promoted with Germany.
Great Ilritain, and other parts of Kuropc, with all
the countries on the west coast of our continent,es
pecially with Oregon and Ualifornia, and between
the northern and southern sections of the United
States. Considerable revenue may bo expected
ffrom postages ; but the connected line from Now
York to Chagres, and thence across the isthmus to
Oregon, cannot fail to exert a beneficial influence,
toot now to be estimated, on the interests of the
‘manufactures, commerce, navigation, anil currency
•of the United States. As an important part of the
■system, I recommend to your favorable considera
tion the establishment of the proposed line of stcain
*crs between New Orleans and Vera Cruz. It pro
misses the most happy results in cementing friend
ship between the two republics, and in extending
reciprocal benefits to the trade and manufactures of
both.
The report of the Postmaster General will make
known to you the operations of that Department f>r
4he past year,
It is gratifying to find the revenues of the De
partment, under the rates of postage now establish
ed by law, so rapidly increasing. The gross a
mount ol postages during the Inst fiscal year amount
ed to four million three hundred and seventy-one
thousand and seventy seven dollars, exceed irm the
annual average received for the nine years im.nc
d.ately preceding the passage of the act of the third
ol March, 84,>, by the sum of six thousand four
hundred and fifty-three dollars, and exceeding tlm
amount received for the year ending the thirtieth of
June, 1817, by the stun of four hundred and twen
ty-mo thousand one hundred ami eighty ft,or ,j(,j
Jars.
The expenditures for the year, excluding the
sum of ninety four thousand six hundred and sev
enty-two dollars allowed by Congress at its |ast
session to individual claimants, and including
sum of one hundred thousand five hundred dollars
paid for the services of the line of steamers between
flrppicn and New York, amounted to four millions
one hundred tnd ninety right thousand eight linn
dred and forty-fivn dollars, which is less than the
annual average for the nine years previous to the
f.
act of 1845 by three hundred thousand seven hun
dred and forty-eight dollars.
’The mail routes, on the l>Oth day of Jane last,
j were one hundred and sixty-threo thousand two
hundred and eight miles in extent—being an in
erease during the last year of nine thousand three
hundred and ninety miles. 'The mails were trans
lated over them, during tlic same lime, forty-one
million twelve thousand five hundred and seventy
nine miles ; making an incrcaso of transportation for
the year of two million one hundred and twenty
four thousand six hundred and eighty miles, whilst
■ tho expense was less than that of tho previous year
j by four thousand two hundred and thirty-five dol
J lars.
The increase in the mail transportation within
tlic last three years has been five million three hun
dred and seventy-eight thousand three hundred and
; ten miles, whilst the expenses were reduced four
I hundred and fifty-six thousand seven hundred and
; thirty eight dollars ; making an increase of service
at the rate of fifteen per cent., and a reduction in
the expenses of more than fifteen |<er cent.
During the past year there have been employed,
under contracts with tho Post Office Department,
j two ocean steamers in conveying the mails nioulli
j ly between New Vork and Bremen, and one, since
| October last |>criorming semi-monthly service l>c
tween Charleston and Havana ; and a contract has
i been made fir the transportation of the Pacific
, mails across the isthmus from Chagres to Panama.
{ Under the authority given to the Secretary of
1 the Navy three ocean steamers have been const ruct
■ ed and sent to the Pacific, and are expected to en
ter upon the mail service between Panama and
Oregon and tl.e intermediate ports, on the first of
January next, and a fourth has been engaged by
him for the service between Havana and Chagres;
so that a regularly monthly mail line will be kept
up after that time between tho United Slates and
our territories on the Pacific.
Notwithstanding this great increase in the mail
service, should the revenue continue to increase
the present year as it did in the last, there will be
; received near four hundred and fifty thousand dol
\ lars more than tho expenditures.
These considerations have satisfied the Postmas
! ter General that, with certain modifications of the
act of 1845, tho revenue may bo still further in
creased, and a reduction ofjHisiagcs made to a uni
form rale of five ccnls, without an interference
, with the principle, which has been constantly and
properly enforced, of making that Department sus
; tain itself.
A well-digested cheap postage system is the best
means of diffusing intelligence among the people,
| and is of so much importance in a country so ex
tensive as that of the United States, that I recom
mend to your favorable consideration the sugges
tions of the Postmaster General lor its improve
ment.
Nothing can retard the onward progress of our
country, and prevent us from assuming and main
taining the first rank among nations, but a disregard
of the experience of the past, and a recurrence to an
unwise public policy. We have just closed a for
eign war by an honorable peace—a war rendered
necessary and unavoidable in vindication of the na
tional rights and honor. The present condition of
the country is similar in some respects to that
which existed immediately after the close of the
war with Great Britain in 1815, and the occasion
is deemed to be a proper one to take a retrospect of
the measures of public policy which followed that
war. There was at that period of our history a de
parture from our ealicr policy. The enlargement
of the powers of the Federal Government by con
struction,which obtained, was not warranted byany
just interpretation of the constitution. A few years 1
alter the eluse ol that war, a series of measures was
adopted which, united and combined, constituted
I what was termed by their authors and advocates
J the “American system.”
The introduction of the new policy was for a
time favored by the condition of the country ; by
the heavy debt which had been contracted during j
the war ; by the depression of the public credit; by
the deranged statu of the finances and the currency;
and by the commercial and pecuniar)' embarrass
ment which extensively prevailed. These were
1 not the only causes which led to its establishment,
l ire events of the war with Great Britain, and the
ernbrrrassments which had attended its prosecution,
had left on the minds of many ofour statesmen tho
impression that our Government was not strong e
nough, and that to wield its resources successfully j
in great emergencies, and especially in war, more j
! power should he concentrated in its hands. This
increased power they did not seek to obtain by the
legitimate and prescribed mode —an amendment of
the constitution—but by construction. They saw
I Governments in the Old World based upon different
J orders of society, and so constituted as to throw
the whole power of nations into the hands of a few,
| who taxed and controlled the many, without re
' sponsibility or restraint. In that arrangement they
: conceived the strength of nations in war consisted.
| There was also something fascinating in the ease,
| luxury, and display of the higher orders, who drew
| their wealth from the toil of the laboring millions.
The authors of the system drew their ideas of po
litical economy from what they had witnessed in
! Europe,and particularly in Great Britain. They j
had viewed the enormous wealth concentrated in 1
; few hands, and had seen the splendor of the over- I
j grown establishments of an aristocracy which was '
i upheld by the restrictive policy. They forgot to :
look down n|>on the poorer classes of the English
population, u|>uii whose daily and yearly labor the |
; great establishments they so much admired were
sustained and supported. They I.tiled to perceive
that the scantily-led and halt-clad operatives were
not only in abject poverty, but were hound in chains 1
| of oppressive servitude for the benefit of favored
classes, who were the exclusive objects of the care
of tlic Government.
It was not possible to reconstruct society in the
United Stales upon the European (dan. I loro i
there was a written constitution, by which orders
and titles were not recognized or tolerated. A sys- '
tern of measures was therefore devised,calculated,
il not intended, to withdraw jiower gradually and
silently from the States and the mass of the people,
and by construction to approximate our government
to the European models, substituting an aristocracy
of wealth for that of orders and titles.
| Without reflecting upon the dissimilarity of our
institutions, and of the condition of our people and
those of Europe, they conceived the vain idea of'
building up in llio United Slates a system similar
to that which they admired abroad. Great Britain
bad a national bank of large capital, in whose !
bands was concentrated the controlling monetary
i and financial power of the nation ; an institution i
! wedding almost kingly power, and exerting vast '
- iufluenne upon all the operations of trade, and up
on the policy of the Government itself. Great j
Britain had an enormous public debt, and it bad
become a part of her public policy to regard this as !
a ‘‘public blessing.” Groat Britain had also a re
strictive policy, which placed fetters and burdens
| on trade, and trammelled the productive industry
of the mass of the nation. By her combined sys- |
tom of polie.y, tho landlord and other property- j
: holders .vere protected and enriched by the enor- i
toons taxes which were levied upon the lalior of
the country for their advantage.
Imitating foreign policy, the first step in es- •
tablishing the new system in the United States
was the creation of a national bank. Not foresee- j
ing tho dangerous power and countless evils whirl)
.such an institution might entail on the country, nor
perceiving the connexion which it was designed to
torm between the hank and the other branches of
the miscalled “American system,” but feeling the ;
embarrassments of the'Treasury , and of tho busi
ness of tlic country, consequent upon the war.
somr of our statesmen who had held different and
sounder views were induced toyeifd their scruples. I
and, indeed, settled convictions of its unconstitti
j tionality. and to give it their sanction, as an expe- '
rlient which they vainly hoped might produce re
lief. It was a most unfortunate error, as the sub
sequent history, and final catastrophe of that dan- I
gorous and corrupt institution have abundantly
proved. The bank, with its numerous branches
j ramified into the States, soon brought many of the
•olive political and commercial men in different
, 8cc,,°nsof the country into the relation of debtors
to it and dependants ujion it for pecuniary favors ;
tlius diffusing throughout the mass of society a'
great number of individuals of powerand influence
to give tone to public opinion, and to act in concert
m eases of emergency. The corrupt jxnver of such
a political engine is no longer a matter of g|iccuht
lion, having been displayed in numerous instances,
but most signally in tho political struggles of
•>-’■1, in opposition to the puhiic wilT repo'sented
by n fearless and patriotic President.
Hut the bank was but one branch of tho new
system. A public debt of more than one hundred
and twenty millions of dollars existed ; and it is not
to lie disguised that many of the nothors of the new
system did not regard Us speedy payment as essen
tial to tire public prosperity, hot looked upon its
continuance as no national evil. Whilst tho debt
existed it furnished aliment to the national bank,
and remh'jr:il increased taxation nrcrssnry to the a
mount of the interest, exceeding seven millions of
dollars annually.
Phis operated in harmony with the next branch
of the new system, which was a high protective
larifl. J his was toalliird bounties to lavored class
es and particular pursuits, at the expense of all o
thers. A proposition to tax the whole people fir
the purpose of enriching a few was too monstrous
to lie openly made. The scheme was, therefore,
veiled under the plausible hot delusive pretext of a
measure to protect “home industry ;” and ninny of
our people were, for a time, led to believe that a
tax which in the main fell upon labor was for the lie
nefit of the laborer who paid it. This branch of
the system involved a partnership between the Go
vernment and the favored classes—the former re
ceiving the proceeds of the tax imposed on articles
imported, and the latter the increased price of simi
lar articles produced at home, caused by such tax.
It is obvious that the portion to bo received by the
favored classes would, as a general rule, lie increas
ed in proportion to the increase of the rates of tax
imposed, and diminished as those rates were re
duced to the revcnuestnndard required by the wants
of the Government. The ratos required to produce
a sufficient revenue Ibr the ordinary expenditure of
Government, for necessary purposits. were not like
ly to give to the private partners in this scheme
profits sufficient to satisfy their cupidity; and hence
| a variety of expedients and pretexts were resorted
j to lor the purpose of enlarging the expenditures,
i and thereby creating a necessity for keeping up a
i high protective tariff. The effect of this* policy
j was to interpose artificial restrictions upon the nat
ural course of the business and trade of the country,
j and to advance the interests of large capitalists and’
' monopolists, at the expense of the great mass of the
j people, who were taxed to inercase their wealth.
Another branch of this system was a comprehen
sive scheme of internal improvements, capablo of
indefinite enlargement, and sufficient to swallow up
ns many millions annually as could be exacted from
the foreign commerce of the country. This was a
convenient and necessary adjunct of the protective
tariff. It was to lie the great absorbent of any sur
jilus which might at any time accumulate in the
Treasury, and of the taxes levied on the people, not
for necessary revenue purposes, but for the avowed
object of affording protection to the favored classes.
Auxiliary to the same end, if it was not an es
sential part of the system itself, was the scheme
which, at a later period, obtained fir distributing
the proceeds of tho sales, of the public lands among
the States. Other expedients were devised to take
money out of the Treasury, and prevent its coming
in from any other source than the protective tariff, i
The authors and supporters of the system were the !
advocates of the largest expenditures, whether for
necessary or useful purposes or not, because the!
larger the expenditures the greater was the pretext !
for high taxes in the form of protective duties.
Those several measures were sustained by pop- j
ular names and plausible arguments, by which thou- :
sands were deluded. The bank was represented
to be an indispensable fiscal agent for the Govern- j
inent; was to equalize exchanges, and to regulate
and furnish a sound currency, always and'every ;
where of uniform value. The protective tariff was 1
to give employment to "American labor” at ad- j
vanced prices; was to protect “home industry,” 1
and furnish a steady market for the farmer. Inter
nal improvements were to bring trade into every |
neighborhood and enhance the value of every man’s
prope.ty. '1 he distribution of the land money was
to enrich the Slates, finish their public works, plant j
schools throughout their borders, and relieve them j
from taxation. Hut tho fact that for every dollar ;
taken out ef the Treasury for these objects a much !
larger sunt was transferred from tl.e pockets of tho
people to the favored classes was carefully conceal
ed, as also the tendency if not the ultimate design
of the system to build up an aristocracy of wealth,
to control the masses of society, and monopolize the
jk>1 itical power of the country.
Tho several branches of this system were so in
timately blended together that in their operation
each sustained and strengthened the others. The i
joint operation was to add new burdens of taxation
J and to encourage a largely increased and wasteful
j expenditure of public money. It was the interest
of the bank that the revenue collected and the dis
J horsements made by tho Government should ho
! largo, because, being the depository of the public
I money, the larger tho amount the greater would bo
j the bank profits by its use. It was the interest of
[ the favored classes, who were enriched by the pro
tective tariff, to liavo the rates of that protection as
high as ]M>ssiblo; for the higher those rates the
greater would be their advantage. It was the in- !
lercst of the people of all those sections and locali- i
ties who expected lo bo benefited by expenditures ;
for internal improvements that the amount collect- !
ed should bo as large, as possible, to the end that :
the sum disbursed might also ho the larger. The
States, being the beneficiaries in the distribution of!
; the land money, bad an interest in having the rates i
| of tax imposed by the protective tariff large enough
to yield a sufficient revenue from that source lo j
j meet the wants of the Government, without dis- 1
turbing or taking from them the land fund, so that
, oaeh of the branches constituting the system bad a
; common interest in swelling the public expendi- :
tnres. They had a direct interest in maintaining
the public debt unpaid and increasing its amount,
: because this would produce annual increased drain
upon the Treasury to the amount of the interest,
; and render augmented taxes necessary. The opo
ration and necessary effect of the whole system
were, to encourage large and extravagant expendi
| turns. and thereby to increase the public patronage,
atu! maintain a rich and splendid Governmental Hie
expense of a taxed and impoverished people.
it is manifest that this scheme of enlarged taxa
lion and expenditures, bad it continued to prevail,
must soon have converted the Government of the
| Union, intended by its framers tn be a plain, cheap,
and simple Confederation of States, united togelh- 1
j er for common protection, and charged with a few
specific duties, relating chiefly to our foreign af
lairs, into a consolidated empire, depriving the
| States of their reserved rights, and the people of
their just power and control in Ihe administration
of their Government. In this manner the whole
; form and character of iho Government would be
changed, not by an amendment of tlm constitution,
blit by resorting to an unwarrantable and unauthor
ized const ruction of that instrument.
The indirect mode of levying the taxes by n do
ty on imports prevents the mass of the people from
readily perceiving the amount they pay, and has
enabled tho few, who arc thus enriched, and who
seek to wield the political power of tho country, to
deceive and delude them. Were Ihe taxes col
lected by a direct levy upon the people, as is the
case in the States, this could not occur.
The whole system was resisted from its inception
by many of our ablest, statesmen, some of whom
doubled its constitutionality and its expediency,
while others believed it was, in all its branches, a
flagrant and dangerous infraction of the constitu
; tion.
That a national bank, a protective, tariff, levied
not to raise the revenue needed, but for protection
merely, internal improvements,and tho distribution
| of the proceeds of the sale of the public lands, are
measures without the warrant of the constitution.
Would, upon the main rest consideration, seem to lie
clear. It is remarkable that no one of these moa
j sores, involving such momentous consequences, is
; authorized by any express grant of power in the
i constitution. No one of them is “incident to, as
’ living necessary and pro|iur for the execution of, the
s|«ecific powers” granted by the constitution. The
, authority under which it has been attempted to jus
tify cachet them is derived from inferences and con
structions of the constitution which its letter and its
I whole object and design do not warrant. Is it to bo
conceived that such immense powers would have
Ivon left by the trainers of the constitution to mere
I inferences and doubtful constructions? Had it been
intended to confer them on the Federal (iovern
ment, it is but reasonable to conclude that it would
, have lieen done by plain anil une«|uivocnl grants.-•*
j This was not done; but tho whole structure of
: which the “American system” consisted was rear
ed on no other or better foundation than forced im
plications and inferences of power which its authors 1
assumed might be deduced by construction from the ■
constitution.
lint it lias lieen urged tliat the national hank,
which constituted so essential a branch of this cum
billed system of measures, was not a now measure,
! and that its constitutionality bad been previously >
1 sanctioned, because a bank bail been chartered in
J/'.)!, and had received the official signature of I’re
j sident \\ ashinglon. A few facts will show the1
just weight to which this precedent should be enti
tled as hearing iijmjm the (piesliun of constitutional- :
(■real divisions of opinion upon tlm subject oxisti'd
in Congress. Ii is well known that President
j ^ ashington cnntrrtained serious doubts Ixitli as to
the constitutionality and expediency of the meas
; ure ; and while tin* bill was before him for his oilt
[ approval or disapproval, so great were these
| doubts, that he required “the opinion in writing”
j ot the members of his cabinet to aid hint in arriving
i at a decision. His cabinet gave their opinion, and
were divided upon the subject—General Hamilton
! Ix-ing in tavor ot, and Mr. Jefferson and Mr. Jlan
i dolph lieing opposed to, the constitutionality and
j expediency ot the bank. It is well known, also,
: that President Washington retained the bill from
j Monday, the fourteenth, when it was presented to
j hint, until Friday, the twenty-fifth of February—
| being the last moment permitted him by thcconsti
| lotion to deliberate, when he finally yielded to it
his reluctant assent, and gave it his signature. It
is certain that as late as the twenty third of Felmi
| ary—lieing the ninth day after tin* hill was presont
| ed to him—he had arrived at no satisfactory con
i elusion ; lor on that clay he addressed a notetoGen
. Hamilton, in which he informs him that “this
I bill was presented to me by the joint committee of
I Congress at l"J o’elotiv on Monday, tlie fourteenth
: instant ;” and ho requested his opinion “to what
i precise period, by legal interpretation of the consli
; lotion, ean the President retain il in liis possession,
beforoit becomes a law by the lapse often days.”—
If the proper construction was, that the day on |
| which the bill was presented to the President, and
the day on which his action was had upon it, were*
; both to bo counted inclusive, then the time allowed
, him, within which it would be competent for him
j 1° return it to the House in which it originated
; with bis objections, would expire on Thursday, the
i twenty-fourth of February.
Gen. Hamilton on the same day returned an nn
i swor, in which ho states: “I give il as my opin- ,
I inn that you have leu days exclusive of that on
| which the bill was delivered to you, and Sundays;
j hence, in the present ease, if it is returned on Fri- |
j day it will be in lime.” By this construction, which
the President adopted, he gained another day fir '
; deliberation, and it was not until the Sfitli of Feh
: ruary that lie signed the hill ; thus affording con- 1
| elusive proof that lie had at last obtained his own
consent to sign it not without great and almost in
l superable difficulty. Additional light has been re
| ccntly shed upon the serious doubts which lie had
| on the subject, amounting atone time to a convic
tion that it was his duty to withhold his approval
from the bill. This is fuiindamong the in&rlutcript
I papers oi Mr. Madison, authorized to be purchased
lor the use of the Government by an act of the last
j session of Congress, and now for the first time ac
cessible to the. public. From these papers it appears
that President Washington, while ho yet held the
bank bill in his hands, actually requested Mr. Mad- \
ison at that time a member of the House of lleprc
j sentalives, to prepare the draught of a Veto mes
sage for him. Mr. Madison, at liis his request, did
prepare tin‘draught of such a message, and sent it to
him on the 21st of February, 1791. Acopyofthis
original draught, in Mr. Madison’s own hand-wri
I ting, was carefully preserved by him, and is among
; the papers lately purchased by Congress. It is
I preceeded by a note written on the same sheet,
I which isalso in Mr. Madison’s hand writing, and
! is as follows :
“February gist, 1701. Copy of a paper mad ■ out ami
sent to tlic President at hi.1? request, to he ready iu case 1
his judgment should finally decide against the bill for
incorporating a national bank, the bill being then before
him.”
Among the objections assigned in this paper to the hill,
and which were submitted for the consideration of the
President, are the following :
“I object to the bill, because it is an essential princi
ple of the Government that powers not delegated by the
constitution cannot be rightfully exorcised ; because the
power proposed by the bill to be exercised is not ex
pressly delegated; and because 1 cannot satisfy myself
that it results from any express power by fair and safe i
rules of interpretation.”
The weight of the precedent of lln* hank of 17‘)1, and
the sanction of the great name of \\ nshiugton which ha?
been so often invoked in its support, are ureally woak
| ened by the development of these facts. The experi
I incut of that bank satisfied the country that it ought not J
■ to he continued, ami at the end of twenty year.? Con
! gross refused to recharter it. It would have been lor- ;
1 tunate for the country, and saved thousands from bank
; rnptcy and ruin, hail our public men of 1.316 resisted the
I temporary pressure of the times upon our financial and
pecuniary interests, and refused to charter the second
bank. Of thi* the country became abundantly satisfied,
I and at the close of the twenty years* duration, as in the !
Case of the first bank, il also censed to exist. Under
■ the repeated blows of President Jackson, it reeled and
i fell, and a subsequent attempt to charter a similar insti
tution was arrested by the Veto of President Tyler.
Mr. Madison, in yielding his signature to the charter
of 1316, did so upon the ground of thn respect due to
precedents; ami. as he subsequently declared, “the
Hank of the United States, though on the original ques
tion, held to he unconstitutional, received the iixccutivc i
signature.”
It is probable that neither the Hank of 1701 nor that
i of 1316 would have been chartered but for the cinbai
rassments of I he Government in its finances, the dc
, rangernent of the currency, and the pecuniary pressure
which existed — the first the cons -quenco of the war of
the Revolution, and the second the consequence of Un
war of I31J. Both were resorted to in the delusive hope
that they would restore public credit, and afford relief
to the Government and to the business of the country.
Those of our public men who opposed the whole “A- j
merican system” at its commencement, and throughout
its progress, foresaw and predicted th.it it Was fraught
with incalculable mischiefs, and must result in serious
! injury to (lie best interests of the country. Fora series
j of years their wise counsels were unheeded, and the
system was established. It was soon apparent '.bat its
: practical operation was nn< qual and unjust up >u different
! portions of the country, and upon people engag 'd in dif
ferent pursuits. All were equally entitled to tb • favor
and protection of the Government. It fostered and el
evated the money power, and enriched the favored few
by taxing labor, at the expense of man v. Its effect was
, to “make the rich richer and the poor poorer.” Its
tendency was to create distinctions in society based on
wealth, an.l to give to the favored classes undue control
and sway in our Government. It was an organized
j money power, which resisted th • popular will, and
, sought to shape and control the public police.
! Under the pernicious workings of this c •mliin-il sys
; (cm of measures, the country witnessed alternate ea on?
j of temporary apparent prosperity ; of Midden and di?as
' Iron? commercial revulsions ; ol uiiprcc -dented fluctua
tion of prices, and depression of the great interests of
agriculture, navigation, and commerce ; of general pecu
niary suffering, and of final bankruptcy of thousands.
After a severe struggle of more than a quarter a centu
ry, the system was overthrown,
j '1 lie hank has been succeeded by a practical system
of finance, conducted and controlled solely by the'Gov -
. ernnient. I he constitutional currciicv ha? In*cn restor
ed : the public credit maintained unimpaired, even in a
period of foreign war; and the whole country has be
come satisfied that Hanks, National or Slate, arc not
necessary a? fiscal agent-of the Government. Revenue
duties have taken the place of the protective tariff —
' The distribution of tl-c money derived from the sale of
the public lands has been abandoned, and the corrupting
system of internal improvements, it i? hoped, ha* been
effectually cheeked.
It i* not doubted that if thi* tvfiolr (rain of mmMirrt,
’ designed to take wealth from the many and bestow it
neon the few, were to prevail, the elfect would he to
1 change the entire character of the Government. One
only danger remains. It is the (-eductions of that hraivh
of the system which consists in internal improvements,
holding out, a* it does, inducements to the p-ople of
particular sections and localities toembark the Govern
' mcnt in them without stopping to calculate the inevita
ble consequences. Tins branch of the system is so in
Innately combined and linked with the others, that as
surely us un effect is produced by an adequate cause, if
it be resusitated und revived, and lirmly established, it
, requires no sagacity to foresee that it will necessarily
and speedily draw after it the rc-cstablishuicut of a na
tional bank, the revival of the protective tarill'. the dis
| tribution ol the laud money, and not only the postpone
ment to the distant luture of the pay mcnt ortho present
; national debt, but its annual increase,
| _ I entertain the solemn conviction that if the internal
improvement branch ol the “American system** be not
| liriuly resisted at Ibis time, the whole series of meas- !
urea composing it will be speedily re-established, and .
the country be thrown back Iroin its present high state i
ol prosperity, which the existing policy has produced, ,
and be destined again to witness all the evils,coinmer- ;
cull revulsions, depression of prices, and pecuniary em
barrassment* through w hich we have passed during the
last twenty-live yers.
I o guard against consequences so ruinous is an object
of high national importance, involving, in my judgment
the continued prosperity of the counntry.
I have I,-It it to he an imperative obligation to with
hold ui> constitutional sanction from two bills which had
passed the two Houses ol Congress, involving the princi.
pie ol the internal improvement branch of the “Ameri
can system,” and comticting in their provisions with the
In-rv expressed.
J li * power, coni ived uiioii tin* I’r sidont l»y ihe con
stitution, I have on three ccaions, during my adminis
tration id the Executive Hcpurlinctil of the Govern
: **iei»|p deemed it my duty to exercise ; and on this last
, occasion ol making to Congress an annual communica
tion “ol the state ol the Union,” it i* u it d :eiu--d inap
propriale to review Ihe principle* and consideration*
winch have governed my action. I deem this the more
n cossary, because,at ter t lie tape of nearly t>0 years since
the adoption ol the constitution, the propriety of the ex
ercise ot tins undoiihled constitutional power by the
President lias for the lirst time liecu drawn seriously in
question by a portion of my fellow-citiz -ns.
'1 he constitution provnl -sth.it ‘‘every lull which shall
have passed the House of Representatives and Senate
shall, before it becomes a law, he presented to the Pres
' ideulol the l oiled States; it he approve, he sliull sign
1 it, but it not, he shall return it, with Ins objections, lo
that House in which it shall have originated, who shall
J cuter the objections at targe on their journal and pro
j cced lo rccunsiih rit.”
i The preservation of the constitution from infraction is
the President’* highest duty. He is bound lo discharge
that duty, ul iv hulevcr h.t/.ird of incurring the displeas
ure ol tnuse who may ditler with him in opinion. He
, is hound lo discharge it, as well by Ins obligations to
the people u ho have clothed him with hi* exalted trust,
as by In* oath ol otlice, which lie may not disregard.—
Nor are the obligations ol tin; President iu any degree
lessened by the prevalence of view* different from his
■ own in one or bom houses of Congress. It is not alone
hasty and inconsiderate legislation that he is required
to check ; but il at any time Congress shall, after appa
rently lull deliberation, resolve on measures wliicu he
dcei is subversive ol the constitution, or of the vital in
terests ol the country, it is his solemn duty to stand in
| the breach and resist them The President is bound to
, approve, or disapprove, every bill which passes Con
gress and is presented to him for his signature. The 1
■ constitution makes this his duty, and lie cannot escape
; it it tie would. He has no election. In deciding upon
: any bill presented to him, lie must exercise liis own lies!
judgment. It lie cannot approve, the constitution coin
l mauds him to return the Inn lo tiie House iu which it
originated, with Ins objections ; and il lie fail to do this
within ten day s, (Sundays excepted,) it shall become
a Jaw without his signature, liigul or wrong, lie may
be overruled by a vole of two-thirds of eacit House;
and, in that event, the bill becomes a law without Ills
sanction. It Ins objections be not thus overruled, the j
subject is oniy postponed, and is referred io the States
aim the people tor llieir consideration aa.l decision.—
i he President’s power is negative merely, and not af
firmative. ile can enact no law. The only cllect, there
fore, ol iiis withholding hi- approval ol a hill passed by
Congress is lo sutler the existing laws to remain line bung
ed, and the delay occasioned i* only that required lo
i enable the Mates ami the people lo consider and act
upon «thc subject in the election of public agents who
will carry out llieir wishes and instructions. Any at
tempt to coerce the President to yield his sanction to
measures which he cannot approve would be a violation
ol the spirit ot the constitution, palpable and flagrant;
and, it .*acse*slul, would break down tin- independence
ul tlie executive department, and make the President,
elected by the people, and clothed by the constitution
with power to deleml llieir rights, the mere instrument
ol a majority of Congress. A surrender on his part, of
the powers with winch the constitution has invested Ii is
otlice, would elfect a practical alteration of that instru
ment, without resorting to the prescribed process of
amendment.
W till the motives or considerations which may induce
. Congress to pass any bill the President can have noth- i
ing to do. tie must presume them to be as pure as
111* own, and took only to the practical elfect ol llieir
measures wlion compared with the constitution or pub
lic good.
Rut it lias been urged by those who object to the ov- ,
ercise of this undoubted constitutional power, that it as
sails the representative principle and the capacity of
, tlie people to govern themselves; that there Is greater
safely in a numerous representative body than iu the
single Executive created by the constitution, and that
the executive veto is the “one-man power,” despotic
in its character. To expose the fallacy of tins objection,
it is only necessary to consider the Iraine and tru-‘char
acter ol our system. Ours is not a consolidated empire,
bet a confederate Union. The States, before the adop
1 lion of the constitution, were co-ord.nate, co-equal, and
separate independent sovereignties, mid by its adoption
they did not lose that character. They clothed Ihe
Federal Government with certain powers, and reserv
ed all others, including their own sovereignty, lo them
selves. They guarded their own rights as States and j
the rights ol tlie people by the very limitations which
they incorporated into the federal constitution whereby j
the different departments ol the General Government
were checks tipuu each other. That the majority should
govern is a general principle controverted by none; but
they must govern according to the constitution, and not 1
according to an undefined and unrestrained discretion,
whereby they may oppress the minority.
The people ol the United .States are not blind to the
tact that they may be temporarily misled, ami that their
representatives, legislative and executive, may he mis- I
taken or influenced iu their action liy improper in itives. !
They have therefore interposed between themselves !
and the laws which may be passed by their public agents 1
various representations, sueli as assemblies, senates, and '
governors in their several States; a House of Repre
sentatives, a Senate, and a 1'resident of the United !
Stales. The people can by their own direct agency
make no law ; nor can the House of Representatives im
mediately elected by them ; noi can tin-Senate ; nor can l
| both together, without tha concurrence of tlie President, !
or a vote ol two-thirds of both Houses.
Happily for themselves, tli • people, iu flaming our
admirable system of government, were roascious of the
infirmities ol their representatives; and, in delegatin''
to them the power of legislation, they have fenced (hem i
around with checks, toguard against the ell'cctsof hasty i
action, ol error, of e.uiiilniial i >u, and of passible corruo
tion. Error, selfishness, and faction have often sought
to rend astuider this web ol checks, and subject the
Government to the control of fanatic and sinister influ
ences; but these elf Tls have o ily satisli.-u the people
ol the wisdom of the cheeks which they have imposed, I
and of the necessity of preserving them unimpaired. i
The true theory of our system is not tog worn by the ;
acts or decress ol any oil ■ set ol r -presentatives. The i
constitution interposes checks upon all branches of the
Government, iu order lo give time lor error to he cor- '
reeled, and delusion to pi** away; hut if the people
settle down into a firm convict ion d life rent from that of i
llieir representatives, they give elfect to (heir opinion*
bv changing their public servants. The checks which
the people imposed on llieir public servants in the adop
tion ol tin- constitution ure tlie h.-st evidence of then
capacity for self-government. They know that the i
men whom they elect to public Mutuuis are of like in-,
firm, tics nml passion* with t hems elves, and not to be trust -
id without being restricted by co-ordinate authorities and
constitutional limitations. VVhoth.it has witnessed the
legislation of Congress for the ln*t thirty year* will say
that he knows of no instance in which measures not de
manded by the public good have been carried? Who
will deny that iu the Slate Governments, by combina
tions ol individuals anti sections, in derogation of the
general interest, banks have been chartered, sy stems of
internal improvement adopted, and debt* entailed upon
tlie people, repressing their growth, mid impairing their
energies for years Income.
Alter so much experience it e-moot he said that abso
lute unchecked power is safe in the hands of any one *et
of representatives, or that (In capacity offh • p ople for
self-government, which is admitted in ils broadest ex
tent. is a conclusive argument to pfovc the prudence,
wisdom and integrity ol llieir representatives.
Ihe people by the constitution have commanded the
President, a*- much a* thev have commanded th*- b-g;*
jot i v * • hr.inch of the G ■. •nin.rut, t ex ecu: - thru will.
1 hey have said b> him in the constitution, which th -v
require In* shall take a solemn oath to support, that d
( ongres* pa * any loll which he cannot apprive, “lie
shall return it to the II >ti<r in which it originated, with
his objections.” In withholding from il his approval
and signature lie is executing ihe will of the people
constitutionally expressed, ns much ;,s theCioagre** tha1
, pa**ed it N’o Gill i* presumed lo he in accordance with
the popular will until it shall have passed through all
i the branches of the Government required by the consti
tution to make it a law. A hill which passes the House
of Representatives may he rejected by the Senate; and
s > a lull pa*sed by (lie Senate may b • rejected by the
Mouse. In each case (lie respective houses oxercift* the
Veto power over the other.
Congress, and eneI, II.,use of Congress, hold, under
the constitution, a check upon the President, and he.' y
the power of the qualified veto, a check upon Emigre**.
When the President recomin -nds nicaoir.-* to Emigre-*,
he avows, in fit,' inov( solemn form, lit* opinions, gives
his voice iu their favor, an I pledge*-himself, in advance,
to approve them, if passed by Emigre s. If he act* with
out due consideration, or ha* been influenced by irnprop
er or corrupt m 'lives ; or if. from any oilier cause. Eon
gro*s. <r either Hou-c of Congress’, shall differ with
him in opinion, the v cxrrei«r ihrir t'rir' up -n In* recom
mendations, anil reject them; and there r- no appeal
from their decision fust to the people at the ball at box
, These are proper checks upon the Executive, wisely
interposed by the constitution. None will be found to
object to them, or to wish them removed. It is equally
important that the constitutional checks of the execu
tive upon the legislative branch should be preserved.
II a be said that the Representatives in the popular
branch of Congress are chosen directly by tbc people, it
i ** answered, the people elect the President. Il both
Houses represent the (Slates aud the people, so does tbo
President. The President represents in the executive
department the whole people of the United States, as
each member of the h-gisiativc department represents
portious of them.
1 he doctrine of restriction upon legislative and cxee
utive power, while a well-settled public opinion is ena
bled within a reasonable tiino to accomplish its ends,
has made our country what it is, and has opened to us a
career to glory and happiness to which all other nations
have been strangers.
In the exercise of the power of the veto, the Presi
dent is responsible, not only to an enlightened public
opinion, hut to the people of the whole Union, who e
Ivoted him, as the representatives in the legislatiro
branches, who diller with him in opinion, arc responsi
ble to the people of particular States, or districts, who
compose their respective constituencies. To deny to
the President the exercise of this power would he to
repeal that provision of the constitution which confers
it upon him. To charge that its exercise unduly con
trols the legislative will is to complain of the constitu
tion itself.
11 the Presidential veto be objected to upon the ground
that it Checks and thwarts the public will, upon the
same principle the equality of representation of the
(Slates in the Senate should bo stricken out of the con
stitution. rile vote of a Senator from Delaware has
equal weight in deciding upon the most important meas
ure** with the vote of a Senator from New York; aud
yet the one represents a State containing, according to
tau existing apportionment of Representatives in the
Mouse ol Representatives, hut oue-thirty-fourtli part of
the population ol the other. IIy the constitutional com
position of the Senate a majority of that body from tho
smaller States represent less than otic-lourth of the peo
I, 01 t,1*r Union. There are thirty States; and under
tlu* existing apportionment of representatives, there are
two hundred and thirty members in the House of Rep
resentatives. Sixteen of the smaller States arc repre
sented in that House by but fifty members, and yet tho
Senators from these Stales constitute a majority of tho
Senate. So that the President may recommend a meas
ure to Congress, and it may receive the sanction and
approval ol more than three-fourths of the I lou*a of Rep
resentatives, anil ol all the Senators from the largo
States,containing more than three-fourths of the whelu
population ol the United States, and yet the measuro
ii u . aK'd »y l,ltJ votes ol the Senators from th«»
smaller States. None, it is presumed, can be found
ready to change the organization of the Senate on this
account, or to strike that body practically out of exist -
i ccr by requiring that its aelion shall be conform d to
the will ol the uurc numerous branch.
I'poll the same principle that the veto of the Presi
dent should be practically abolished, the power of the
, ,c. . fvmdelit to give the casting vote upon an equal
division ol the Senate should he abolished also. The
\ ice President exercises the veto power as effectually
by rejecting a bill by his casting vote as the President
does by refusing to approve amt sign it. This power
has been exercised by the Vice President in a few in
stances, the most imporlat of which teas the rejection of
tlie bill to rc-cliartcr the Hank of llic United States in
I'll. It in ay happen that a bill may bo passed bv a
largo majority ol tin* lloiiiuof Representatives, anil may
be supported by the Senators from the larger States, ami
the Vice President may reject it by giving his volo
with the Senators from the smaller .Slates, and yet none,
it is presumed, are prepared to deny to him tile exer
cise ol this power under the constitution.
Hut it is, in point offset, untrue that an act passed by
Congress is conclusive evidence that it is an emanation
ol the popular will. A majority of tho whole number
elected to each House of Congress constitutes a quorum,
and a majority of that quorum is competent to pass laws.
Il might happen that a quorum of the House of Repre
sentatives, consisting ol a single member more than half
of the whole number elected to that House, might pass
a hill by a majority ol a single vote, and in that case a
fraction more than one fourth of tho people of the Uni
ted States would be represented by those who voted for
it. It might happen that the same lull might be passed
by a majority of one of a quorum of the Senate, compos
ed of Senators from the fitteen smaller States, and a sin
gle Senator from a sixteenth State, and if the Senators
voting for it happened to be from the eight of the small
est o! these Stales, it would be passed by the votes of
Senators from States having but fourteen Representa
tives in the House of Representatives, and containing
less than one-sixteenth of the whole population cf tho
Uniscd States.
This extreme case is stated to illustrate the fact that
llu* mere passage ot a bill by- Congress is no conclusive
evidence that those who passed it represent the majority
of the people of the United States, or truly reflect their
will. If such an extreme case is not likely to happen,
cases that approximate it are of constant occurrence.—
It is believed that not a single law lias been passed)
since the adoption of the constitution, upon which tho
members elected to both Houses have been present and
voted. Many Of the most important acts which have
passed Congress have been carried by a close vote in
thin Houses. Many instances of this might lie given._
Indeed, our experience proves that many of the most
important acts of Congress are postponed to the last
days, and often the last hours of a session, when they
are disposed of in haste, and by Houses but little ex
ceeding the number necessary to form a quorum.
Resides, in most of the States the members of the
House of Representatives are chosen by pluralities, and
not by majorities of all the voters in their respective
districts; and it may happen that n majority of that
House may be returned by a less aggregate vote of tile
people than that received by the minority.
(COXCLUIlEtl IN EXTRA.)
SPECTATOR,
—-•sua nr ss —
WEDNESDAY, DECEMBER 13, 1848.
THE MESSAGES.
'Vo lay before our readers the messages of Pres
ident Polk and Governor Smith. We have no
room lor comment on these voluminous documents,
at present, but will recur to them again.
Deeming it better to rid ourselves at once, of
that which is exceedingly troublesome, and vet ex
pccted by our patrons, we insert both, to the en
tire exclusion of other matter.
By adopting this plan \vc hope to render our
next what, to tlie mass ot our readers, the present
certainly is not—an interesting paper.
CONGRESS.
Both Houses of Congress met on Monday, thA
4th Inst., and were organized at 12 M. In ttm
Senate, Mr. Douglass gave notice that he would
introduce bills to organise the Territories of Nebras
ka anti Minesota, for the admission of California
into the Union, &e. Mr. Cameron gave notice
that ho would introduce a Bill to provide for the la
king of the next census. On Teusday, the Prr
sid.eit’s message was received, which occupied two
hours and a half in the reading.
In the House, nothing of special interest has bend
transacted. On the 8th, Mr. Goggit gave notice of
a motion for leave to introduce a hill to reduce the
rates of postage. On the 7th both bodies adjour
ned until Monday.
I he 3chale is at present composed of 21 Whig*
and :;G Democrats : the I louse, of 110 Whigs and
!!•» Democrats and Independents—one seat in thrt
*h»»se vacant by the death of Mr. Sims of S
Carolina,
' IRGINIA LEGISLATURE.
I lor »b ok Dr.M’ o.tTfcs,}
Monday, December 4, 1848: l'
i '* ^ - M-. Mr. Clendetlin, of Mason arid Jack
s<11 cai^'i the I louso to order, and moved that Geo
W ytho Miinfbrd ho apjioinfrd CJetk, which was
! done hy a onaoiinous vote.
Mr. Stovall then nominated Henry L. Hopkins,
of 1 owhatnn. as Speaker, who was elected Unani
mously. Daniel Ward was elected Sergeant at
\nti^. Rolien Bradley 1st Door keeper, William
Chandlers 2d Door keeper.
I
! **
“«I*ATb.— rhn Senate was organized hy the re*
election of Dr. U, . P. Scott, of Greensville, as
J Speaker.
L W. Allen was elected Sergeant at Arms,
Thomas L. .Np|«K>n Kt, and Julius Martin 2d
j door keeper.