Newspaper Page Text
That a National Dank, a Protective Ta
riff, levied, not to raiae the revenuo needed, but for protection merely; Internal improve ments, and the Distribution of the titles of Public Land, are measures without the warrant of the constitution, would, on the maturest consideration, scem'to be clear. It is remarkable that no one of these mea sures, involving such momentous conso quences, ore authorized by any express grant of power in tho constitution. No one of them is incident to, as being neces sary and proper for the execution of the specific powers granted by the constitu tion. Tho authority under which it has been attempted to justify each of them, is derived from inferences and construction of the constitution, which its letter and its whole object and design do not warrant. Is it to be conceived that such immense powers would have been left by tho fra mersof tho constitution to mere inference and doubtful construction, had it been in tended to confer thetn on the federal gov ernment? It is but reasonable to conclude that it would have been done by plain and unequivocal grants. This was not done; but the whole structure of which the "American system" consisted, was reared on no other or better foundation than forced interpretation and inferences of power which its authors assumo might be deduced by construction from the constitution. But it has been urged that the National Bank (which, so constituted, is so essential a branch of this confirmed system of mea sures) was not a new measure, and that its constitutionality had been sanctioned in 1791, and had the official signature of Pres ident Washington. A few few facts will show the just weight to which this prece dent should bo entitled, as bearing upon the question of its constitutionality Great division of opinion on the subject existed in Congress. It is well known that President Washington entertained serious doubts both as to the constitutionality and expediency of the measure; and while the bill was before him for his official appro val or disapproval, so great were those doubts that ho required "the opinion in writing" of the members of his cabinet to aid him in anivingat adecision. His cab inet gave, their opinion, and were divided upon the subject Gen. Hamilton in favor and Mr. Jefferson and Mr. Randolph be ing opposed to the constitutionality and ex pediency. It is well known also, that President Washington retained the bill from Monday, the 14th, w hen it was pre sented to him, until Friday, the 2 1th of February, being the last moment permit ted him by the constitution, when he nnat ly yielded to give his reluctant assent and gave it his signature. It is certain that as late as the 23d of February being the 9th day after the bill was presented to him he had arrived at no satisfactory conclu sion, for on that day he addressed a note to Gen. Hamilton, in which he says that this bill was presented to me by the joint com mittee of Congress, at 12 o'clock on Mon day 16th instant, after, and he requested his opinion to what precise period by legal interpretation of the constitution, could the President retain it in his possession, before it became a law by the lapse of the ten days. If the proper construction was that the day on which .the bill was presented to the President, and the day on which his action was had upon it, were both to be counted inclusive, then the lime allowed within which it would be competent for him to return it to the House in which it origina ted, with his objections, would expire on Thursday, the 20th ot tebruary. Uen. Hamilton, on the same day, returned an answer, in which he slates: "1 give it as my opinion that you have ten days, exclu sive of that on which the bill was bunded to vou. and Sundays. Hence in tho pre sent case. If it is returned on Friday, it will be in time." By this construction, which the President adopted, he gained an other day for deliberation, and it was not unlilthe 15th of February that he signed the bill; thus offering conclusive proof that he had at least obtained his own consent not without great and almost unsupporla ble difficulty. Additional light has recently been shed upon the serious doubts which he had on the subject, amounting at one time to the conviction that it was his duty to withold his approval from that bill. This is found among the manuscript papers of Mr. Mad ison authorized to be purchased for lha use of the Government by an act of last sess ion, and now for the first time accessible to the public. From these, it appears that President Washington, while ho yet held tho bank in his own hands, actually re quested Mr. Madison, at that time a mem ber of lha House of Representatives, to prepare the draft of a Veto message for him. Mr. Madison, at his request, did prepare the draft of such a message, and sent it to him on the 21st of February, 1791. A copy of this original draft, in Mr. Madi son's own handwriting, was carefully pre served by him, and is among the letters lately purchased by Congress. It is pre ceded bv a note written on the same sheet, and is also in Mr. Madison's own hand u.' r 1 1 1 n f T ..p..h otnfll-CoDV of a paper mode out and sent to the President at his request to be ready in case his judgment should fi nnllt .Iwido acainst the bill for incoi pora ;nn, . Mminniil Bank, the bill being then t linfnrn him M Among the objections assigned in this paper to the bin, anu wnicn weic uuum tedforihe consideration of the President are the following: . . I nhiect to the bill becauso it is an es senlial principle of this government, that power not delegated by the constitution rnnnnt be rishlfullv exercised: because the nower oronosed by the bill to be exercised is not cxDressly delegated; and because cannot satisfy myself that it results from anv einrosscd power, by fair and safe riilen of interpretation." The weight of tho precedent of the flank of 1791. and tho sanction of the ureal name of Washington, which has been t. . I 1 :. n -w t I . r .laudlnn. oiien invohcu in u ujjpi j ""r mcnis of (heto facts, should satisfy the country that it ought not to be continued. It would have been fortunate for tho coun try, and saved thousands from bankruptcy and ruin, had our public men resisted the temporary prcssuro of tho tunes upon our financial and pecuniary interests, and re fused to charter the bank. Of the second bank the country bocame abundantly satis fied at the close of 'its twenty years dura tion, as in the caso of the first bank, and it also ceased lo exist; under the repealed ve toes of President Jackson, it reeled and fell and. a subsequent attempt to charter a similar institution, was arrested by the veto of President Tyler. Mr. Madison, in y ielding Ins signature to ihechaater of 18 10, did so upon the ground of respect due to precedents and as he subsequently declared, the bank of the United states though on the original ques tion held lo he unconstitutional, received the Executive signature. drawn seriously into question by a portion I ror lo be corrected, and delusion to pass of my fellow citizens. away. But after the people settle down The constitution provides that "every bill into a first conviction, different from that which shall have passed the House of Rep- of their representative!", they give weight resentntives and the Senate, shall, before it to their opinions by changing the public oecomes a iaw.be presented to ihe rresi- servants. In their adoption ot the con dent of the United Slaves; if he approves stittit ion ore the best evidences of their ca it, then he shall sign il, but if not ho shall pneily for self government; they know return it with his objections, to ihe House that the men whom they elect to office are in wnicn it originated, wiio stioii enter the ot like inhrmitics ond passions with them objections at large in their journal, and pro- selves, and not to be trusted without being ceed to reconsider it." restricted by co ordinate authorities. Who Tho preservation of a constitution from that has witnessed tho legislation of Con infraction, is the President's highest duty, grcss for the last thirty years, will say lie is bound to discharge that duty at what- that he knows of no instance in which ever linzard of incurring the displeasure of measures demanded by the public good those who may differ with him in opinion, have been carried? Who will deny that He is bound to discharge it as well by ob-1 in the Slate Governments, by combinations ligations to the people who have clothed of individuals and sections, in derogation him with his exalted trust, as by his oath ol of general interests, banks have been char otlicc, which he mny not disregard. Nor tercd, and systems ot internal improve arc Ihe obligations of the President in any ments have been suggested, retarding their It is probable that neither the Bank of degree lessened by the prevalence of views growth, and impairing their energies for 1791, nor that of 1816, would have been different from his own in one or both Hou- years to come? After so much experience chartered but for the embarrassment of ses of Congress. It is not alone "hasty ond it cannot be said that absolute, unchecked the Government in its finances, by the de- inconsiderate legislation" that lie is required power, is safe in the hands of any one set rangement of the currency. The pressure to check; but if at any time Congress shall, of representatives, or that the capacity of which existed the hi st in consequence ot after apparently lull deliberation, pass a I tho people for self-government, which is the war ot the revolution, the second the measure which he deems subversive ot the admitted in its broadest sense, is a conclu- consequence ot the war or 1812 both constitution or ot Ihe vital interests ot the sive argument to prove the prudence, wis were resorted to, in the delusive hope that country, it is his solemn duty to stand in dom or integrity of their representatives. they would restore public credit and ollord the breach and resist them, ihe i resi-l Ihe people, by their consent, have com relict to Ihe Government and to the busi- dent is bound to approve or disapprove manded the President, as much as they every bill which passes Congress, and is have commanded the legislative branch of presented to turn for his signature. 1 he the government to execute their will, lhey constitution makes this his duty, and he have said to him in their constitution that cannot escape it if he would. He has no they require he shall take a solemn oath to election ot deciding upon bills presented to support "if Congress pass any bin wnicn him; he must exercise his own best judg- he shall not approve, lie shall return it to ment.and if he cannot approvo it, the con- the House in which it shall have origina stitution commands him to return the bill ted, with his objections thereto." In with to the source in which it originatedwith holding from it his approval and signature Imbed. It was soon apparent that its prac- his objections; and if he fails to do this he is executing the will of the dcopIc. as ucai operation was unequal anu unjust upon within ten days Sundays excepted it much as the Congress which passed it. aitiereni portions oi me country, and upon should become a law without his signature, the people engaged in different pursuits, right or wrong. He may bo overruled by All were equally entitled to the favor and two-thirds of each House, and in that event, protection of Government. It fostered the bill becomes a law without his sanc- and elevated Ihe monied power, and cn- tion. If hts objections be then overruled, riched the favored few at the expense of the subject is only postponed or is referred by the Senate, and one passed by Senate the many. Its effect was to make "the to the States or the people for their consid- may be rejected by the House. In each rich richer, and the poor poorer; ' its ten- cration and decision. The consideration case both Houses exercise the veto power aency was to create distinctions in society, o, however, negative, merely, aud not at- based upon wealth, and to give the favored fu motive, and can enact no law. The only classes undue control and sway in our Gov- effect, therefore, of his withholding his ep- ernment. It was an organized monied probation of the bill passed by Congress, power, which resisted Ihe popular will, and is to suffer the existing law to remain un sought to shape and control the public pol- changed, and the delay occasioned is only icy, by taxing labor. that required to enable the States and the Under the pernicious working ot this people to consider and act upon the subject ncss of the country. .Those of our public men who opposed the whole "American System" at its commencement, and through out its progress, foresaw and predicted that it was fraught with incalculable mis chief, and must result in serious consequen ces to the best interests of the country for a series of year9. These wise counsels were unheard and the svstem was estab- No bill is presumed to be in accordance with the popular will until it shall have passed through all the bands of the gov ernment, requisite to make it a law. A bill passed by the House may be rejected "combined system" of measures, the coun- in Ihe election of public agents, who shall try witnessed alternate seasons of tempo- show their wishes and instructions. Any rary apparent prosperity; ot undue and attempt to yield his sanction to measures disastrous commercial revulsions; ot un which he cannot approve, would be a vio precedented fluctuation of prices, and of lation of the spirit of the constitution, pal- the oppression of the greatest interests of pable and flagrant, and if successful, would agriculture and commerce ot pecuniary breakdown the independence ot the b,x suffering and final bankruptcy of thousands, ecutive Department, and make the Presi- Aftcr a severe struggle ot more than a dent elected by the people and clothed bv quarter of a century the system was over- the constitution with power to defend their on the other. Congress, and each House of Congress hold under the constitution, a check upon the President, and he by the power of the qualified veto a check upon Congress When the President recommends measure." lo Congress, he avows in the most solemn form his opinions, gives his voice in their thrown. The Bank has been succeeded by a prac tical system of finance conducted and con trolled solely by the government. The rights, the mere instrument of the majori ty of Congress, and would be a surrender on his part ot the power with which the country has invested him his office would constitutional currency has been restored, effect a practical alteration of that in&tru .i ,. .-- . j ; ; l . - . . . .-. . . . , tne puonc creait maintained unimpuireu, ment without resorting 10 ine prcscriuca even in a period ot foreign war, and ttie process of amendment. whole country has become satisfied that With the motives or considerations which Banks National or State are not neces- may induce Congress to pass any bill, the sary as fiscal agents ot tne government, president can have nothing to do. lie must The revenue duties have taken the place of presume them as pure as his own, and look . - ir n,L j:.:u...: .1 r , . : !-.,. a protective luriu. i ue uisu iuunuu uu- only to me practical etiect oi ineir meas- rived from the sale of the public lands has ures, when compared with the constitution been abandoned, and the corrupting system or the public good. of internal improvements, it is Doped, lias Bul ;t has Deen urged by those who ob- becneflectually checked. jecl l0 lhe cxei.cjse f this undoubted con It is not doubted that if this whole train of measures, designed to take wealth from ihe'manv and fasten it on the few were to prevail, the effect would be lo change the entire character of the government One stiudorial power, that t assails the repre- tavor and pledges himselt in advance to approve them if passed by Congress. If he acts without duo consideration, or has been influenced by improper or corrupt motives or it trom any other cause Con gress, or either House of Congress shall differ with him, they exercise their veto up on his recommendations and reject them and there is no appeal from their decision but to the people at Ihe ballot box. 1 hese are proper checks; none will be found to object to them, or to wish them abolished It is equally important, that the constitu tional checks of tho Executive upon the legislative branch should be preserved. It it be said that tne Representatives in the popular branch ore chosen directly by the people, it is answered, the people elect the President. If both Houses, represent (he States and the people: so does the 1 res ident. The President represents in the Executive Department, the whole people of the United States, os each member of lhe Legislative Department represents the portions of them. 1 he doctrine ot restriction under Legis lative and restrictive power, while a well of the Senate, could be abolished also The Vice President exercises (ho veto pow er es effectually by rejecting a bill by his costing vote, as the President does by re fusing to approve or sign it. This power has been exercised in acme instances by lhe Vice President, (he most important of which is the rejection of the bill to char ter the Bank of '.he United States in 1810. It may happen that a bill may be paused by large minority ot the House ot Repre sentatives, it may be supported by the Sen ators from the largest States, and the Vice President may reject H by giving his vote with the Senators from lhe smaller States. and yet it is to be presumed none are pre pared to deny to him lhe exercise of his power under the constitution. But it is in point of fact untrue that an act passed by Congress is conclusive evi dence that it is nn action of the popular will. The majority of the whole number elected to each House of Congress cotisti- lules a quorum, nnd a majority of that quo rum is competent to enact laws. Il might hnppen that a quorum of the House of Representatives, consisting of a single member more than half of the whole num ber elected by a majority of a single vote, might pass a law, and yet, in that case, a fraction more than one-fourlh of the poo. pie of (he United States would be repre sented by those who voted for it. It might happen that the same bill might be passed by less than n majority ol one of a quorum of the Senate, composed of Sena tors trom the tiliecn smaller Mates, and a single Senator from a sixteenth Slate; and if the Senator voting for it happened to be from the eighth of (lie smallest of those States; it would be passed by the vote of a Senalor from a Slate having but four teen Representatives in the House of Rep resentatives, and containing less than one- sixteenth of tho whole population of the Slates. This extreme case is slated lo illustrate the fact that, the mere passage of a bill by Congress, is no conclusive evidence that the House who passed it represent the ma jority of the people of the United States, or truly reflect their will. If such an ex treme case is noi likely lo happen, cases that approximate to it are of constant oc currence. It is believed that not a single law has been passed since the adoption of the constitution, upon w hich all the mem bers elected lo both Houses have been present and voted. Many of lhe most im portant acts which have passed Congress, to power is founded upon on idea respect ing tho popular will, which, if carried out, would annihilate the State sovereignty, and and substitute for a permanent federal gov ernment a constitution directed by a sup posed numerical majority. A revolution of (he government would be silently ef fected, and the States would be subject to laws to which lhey had never given their consent. The Supreme Court of the United Slates is invested with the power to declare, and has declared, acts of Congress passed with lhe concurrence of the Senate and Housa of Representatives, and the appro val of lhe President to be unconstitution al ond void, and yet none, il is presumed, can bj found willingly disposed to strip this highest Judicial tribunal under tho constitution, of acknowledged power, ne cessary alike to its independence and the rights of individuals. For the sama reason that the Executive veto .mould, accoiding to the doctrine maintained, b rendered nugatory and practically expunged from l' e constitution, this power of ihe Court should also be rendered nugatory, and be expunged, be cause it restrains lhe legislative e-nd Executive will, end because ibe eiercise of such a power by the Court may ba regarded as being in con fl ct wilh the capacity of the people lo govern themselves. Indeed, lher is more necessity for striking this power ol the Court from the consti tution than there is that of ihe qualified veto of the President, becauso the decision of the Court is final and cannot be reversed, even though both Houses of Congress end die President should be unaniniou3 in opposition to it; wherein the veto of lhe President may be overruled by the vote of iwu-ihirds of both Houses of Congress, or by the people at the polls. It is obvious that to preserve the system estab lished by the Constitution, each ol the coordinate branches of ihe Government the Executive might, the Legislature and the Judicial must be left in the exercised its appropriate powers. If the Executive, or ihe Judicial branch be de prived of power conferred upon either a? checks on the Le's'ative, the preponderance of the latter will become d ipproportionolo end absorbing, and the others important for the accomplishment of ihe purposes for which they were established. Or ganized as they were by consent, lhey harmonize together lor public good. After the executive and Judiciaiy shall be deprived of lhe constitutional power vested to them, and of their due portion, the equ lebrium of the system must be destroyed by the consolidation of unchecked despotic pow er, add by majoriies of the Legislative branch. The Executive, legislative nnd Judicial, cadi constitutes asrparate coordinate department of the Government, aid ea:h independent of the have been carried by a clse vote in these i"ins' an 10 ne permrmance o. tne.r respective ii m... .:..,.... r .i.: . i. dutifs, under the Constitution, neither can, in iiuuscp. itjiiiiv iiisiaiiucs ui nils iini'iii uc . . , , , , , j r . .i . leii'aiui vc eci-un, control umers. i ney eacu Lffcpn pittpr enpR nrnves thai inn. 0 . . . J . . senianve principle ono me capacity oi tne settled public opinion is enabled within a people Jo govern Jhemselves; JhaJ there is reasonable lime to accomplish its ends, greorer safety in a numerous representative ,as made our country what it is, and ha? body, than in the single Executive, croaed opened to us a career of glory and hoppi uiuy uuugci i.i,,u..... . ... . v-uuv..- b., lhe constitution; ond that tne executive ness, to which all other nations ore stran- that brancn ot tne system wnicn consists oi . ... ., man ..,, desDOic n its char- . internal improvements Holding out as it Lctcr. To expose the fallacy of this ob- , ,he exercise of lhis lho prM uwws, r--i -- r jccriun, It is omv necessary cu cuusiuer mt : Jcnt ,s responsible not ular sections and locations to embark the frnme and ,rue claracer of our system. e) j dMx. olii(ia'n b, government in tnem wiuioui i'"K " Ours is not a consolidated Empire, but a calculate Ihe inevitable consequences, ints corjfeterated Union. The States before branch of the system is so evidently linked lUe jopin 0f tle constitution so ordained and combined with the others, that as surely as an effect is produced by an ade quate cause. If it is resuscitated and turn ly established it requires no sagacity 10 foresee that it will necessarily and speedily draw after it the establishment of a Na tional Bank the revival of a protective tariff the distribution of the land money and not only the postponement to the fu lure of the paymeul of the present nation debt: but lis amount will annually in. crease. I entertain a solemn conviction that if the internal improvement branches of the Americon system" be not firmMresisted at this time, the whole series of measures composing it will be speedily established, and the country will be thrown dock irom its present hich slate of prosperity, which dip. exist'inr? nolicv has produced, and be 0 ( , . destined again to witness all the evils, com mercia revolutions, and depression oi pri ces and pecuniary embarrassments, through winch we have passed during ttie last seventy-five years. To cuard against consequences so ruin ous, is an objeci oi mgii national impur tance, involving in my judgment the con tinued prosperity of the country - - . - . . -. , , . I have fett it to be an imperative ounga lion Jo withold my constitutional sanction frnm two bills which had passed the two Houses of Concress, involving the princi pie of the Internal Improvement branch of inn -American ovaicm. nu -.,... ... tt,ir nrovisions with these views r - . .1.- n. .: This nower, conjerreu upon me iicsi dent bv the constitution, 1 have on tnree occasions during my auminisirauon oi mc co-equal separate and independent sover eignties; and by its adoption they did not lose that character they clothed the federal government with such certain powers, and reserved all others, including their own sov- only to an enlight ened public opinion, but to the people of the United Slates of the whole Union who elect him, as well as the Representa tives in the Legislative branches who dif fer wilh him, are responsible to the partic ular States or districts. To restrict the President in the exercise of his power, would be to repeal that portion of the con stitution which confers il upon him. To If the Presidential veto be objected to eignty, Jo themselves. They guarded their chore (,at its exercise unduly contracts own rights as htates, and the rights ot the i .p.,iMin,:Vi. will. Is to pnmnlnln nf iI.h peopir, dv rue very limitations which fuel rnnl nil on ilse F. incorporoted into the Icderal constitution wnereoy tne ouiercni aeparj.ncnis 01 mc ,. ,,1 ,iial ;, -i,,.i.a J ,i...,rlc general government are checks upon each wi, ,hc same principle outer. ntuiiio ...apr,,, ta guvnu, , h - ,,;, of representation of the Slates a general principle, controverted by none, . . ' s ' ghId bcstri(.Uer. out of the but they must govern according to the con- conslitulioni The vol0 of B Senalor from Delaware has equal weight in deciding up on a most important measure with the vole of lhe Senator from New York; nnd yet, the one represents a state containing, ac cording to the existing apportionment of representation in lhe House, representa tion of by one thirty-fourth part of lhe constitu stitution, and not according to an undefined and unrestrained discretion, whereby they may oppress the minority The people of the United Slates are not blind to the fact that they may be temporarily misled, and that llieii representative legislatures and executive ntBy be mistaken or imluenceu in then action by : - T'l. . .. i .1 r : - improper ...uuv. x -cy ., ,0 .uc.c.u.. , - - f . . ili 1 cu uciwcrii 1 c uorivcD. wini.ii in u y ucvauosui . , , . h n,,hl; nl.ur;n,. rpnrpn Inl !i;p UOIlill tuiu uus 1 1 KM1 t ,m .oic, mTi- .....u 1 ti;-. it v of that body from tho smaller States DUVII CO goociliUlll) ccnoiiii, tvi.iin( ( 1111,11 I w . ' . Ilnuse of Kenresentatives. a represents less man one iourin 01 ine peo Senate and President of iha Un led Stales. The Pie ot tne v nion. I nere are nun. v stales. people can by their own direct agency make and under ihe existing apportionment ol no laws, nor can the lioe of Representatives representation, there are two hundred and immediately elected by them nor can the Sen- ninety in the House of Representatives; ale, nor can both tosether, without the concur sixteen of lhe smaller Stales by but 111 ty rence of the President 01 a vole of two-thirds oi l members, and yet the Senators from these. both houses. States constitute a mniority of the Senate; Happilv for themselves, the people in forming go that Ihe President may recommend our admirable system of government, were con- measure to Congress, and it may receive seious of ihe infirmity of their representatives ,,e sanction of more than three-fourths of and delegating to them lhe legislature, lhey have ,,e House of Representatives, and all lhe fenced them round wiili checks 10 guard afta1"8' Senators from the large States, containing ine oeiecis 01 nasiy acuon, 01 error o. comuoia- m(jre ,han ,hree-fourlhs of the whole pop Imn r r if nAacirt a fiAmin inn f.rwnm la nan & 1 n 1 " j.nnrtm'ent of the Government rVJZ: T u. .l- " "la".'1 yet Ihe same may be deleated . 1 1. .1 r.tArPfin, flnHnnlhul. .. . . . .... i .. uv ocnaim iiuiii mc bmiuhci uiaici, iiuiiu. (lecmCU 11 my u., ;r uer in,a "1 01 u,et;RA Bna BUUJ0Ci . inB at!. nr.im rnn h f.H.nrl rftiiHv 1 rhnnm- r.ipninn fi lliakinff 10 loncreM Ull an- Impnl in ihn ronLrol of fanatics and iinlster infill ....... J . . last - . " . - . I ..... I il.n niTriniTiImn a! Ihn Spnnln nn t hid nc liuai -u",,MU' . . . I . . . - , ,7 .... I f mint nr In ali-iLn Ihnl hniii nrnnl ipnllv ir ; rxrt HnPinpii inanDronriBic 10 inenn ol lha wisdom o l is checki which ine? I v review the principles ond considerations have imposed, and the necessity of pie,erving out ot cx sience, py requiring mat us ac review mo I , , I '. . , imn uha II ba ennfnrmed to the mora nu whictl liuve iiuvcincu wv..w.. - I i . n .1.:. .,,.. npnexnrv. becauso after the Tho irualheorv of our svstem ia not to mcrous urancn. im. f sixty vean since the adopiion of govern by lho taclics or decrees of any Upon the new principle that the veto of the constitution, the propriety of iheexor- Una self-representative. The constitution lho 'resident shall be practically abolished, :.r ,1.;. ,,n,ir.iiiip,l constitutional power imnoses checks under all branches of the 'he power of the Vice President to give of (he President has for the first time-been government, in order lo give lime for er- 'tho casting vote upon an equal division of given. Indeed experience proves thai ma ny of the most important acts of Congress are postponed to the last day and after the last hour of a session, when they ore dis posed of in the haste, and by Houses little exceeding the number necessary to consti tute a quorum. Besides, in tho most of lhe Slates, the members of the lower Houses are chosen by pluralities, and not by majorities of all (he voters in their respective districts; and it may happen a majority of that House may be returned by less than an aggregate. If the principle insisted upon be correct, then the law should be so changed that no bill s'lall become a law unless il is voted for by members representing in each House a majority of the whole people of lhe Uniler! (Males. V e must icmodel our whole sys tem, strike down and abolish not only lhe salutary check lodged upon lhe Executive branch, but must strike out and abolish those lodged in the Senate also, and thus practically invest the whole power of the Government in the majority of a single as sembly; a majority uncontrolled and abso lute, and which may become despotic. To conform to lhe doctrine of the right of the of the majority to rule independent of the cheek and limitations of the constitution, we must revise the whole system; we must destroy the constitutional compact by which the several States agreed to torm a Federal Union, and rush into a consolida tion which must end in monarchy ond des potism. No one advocates such a proposi tion, and yet the doctrine maintained, il earned oui must teau to i lie result. One great object of the constitution in conferring upon the President a qualified negative upon the legislation of Congress, was to prevent t lie minority sunering irom injustice and oppression by the majority. The equality of representation, the Senate, and tho veto power of the President over Congress, are guarantees which the smal ler States have that their rights will be res peeled. Without these guarantees, t Ik i interests would be at the mercy of majori ties in Congress representing larger Stotes. In the smaller und weaker Status, there fore, the preservation of the power ond its exercise, upon proper occasions demanding it, is of vital importance. Iheyratihed the constitution, and entered into the Union secuiing unto themselves with larger States in lhe Senate and they agreed to be bound by the constitution and laws framed by Congress, upon the express con- lition, and none other, thul they should lie approved by the President, or posfed. his objections to the contrary notwithstanding, by a vote of not less than two-thirds of both Houses. Upon lhis condition they have a right to insist, as a part of the com pact to which they gave (heir consent. The bill miaht be passed by Congress againsi the will of the whole people of a particular State, and against lho votes of its Senators and of all its Representatives, yet, however prejudicial it might be lo lhe interests of such State, it would be bound by it, if lho President should approve it, or if it should be passed by a vote ol two, thirds of both Houses; but it has a right to demand that the President shall exercise his constitutional power to arrest it. If his objection is against il if he surren ders his power, or failed to exercise it in a case where he cannot approve, it would make this formal approval a mere mockery, and would bo itself a violation of the con stitution; and tho dissenting Slate would be compassed by a law which had not been passed according to the sanction of the constitution. The objection lo he cuercine of the ve- act upon tlnir seveial responsibilities, in their res pectivc spheres but if the doctrines now maintain ed be correct, the Exoculive must become prac tically subordinate to the Legislature, and the jud ciaiy rruj bet ome fuboidinate to both, and thus the vhule power of the Government would become merged in a single department. When, ever, if ever ihis shall occur, our glorious system ol well regulated self-government will crumble into ruins to be succeeded first by anarchy, snd finally by anarchy or despotism. 1 am far from believing that this doctrine is the sentiment of the American people; and during the short period which remains for me lo administer the executive department, it will be my aim lo maintain its independence and dischaige its duties without infringing upon the powers or duties of eilhei of ihe other departments of governments. The power of lhe Executive was exercised Ly lhe first and most illustious of my predecessor, and by four of his successors whj preceeded me in ihe administration oi Ihe Liovernment. Il is believed that in no instance prejudicial to lha public imere.'t, has it ever been exercisid. No President will ever desire, unnecessarily, to place his opinion in opposition to that of Congress. He must always exercise the power reluctantly, and only in cases where his convictions makes il a matter of s ern duty. He cannot escape. Indeed there is no danger that the Piesident, from the re pugnance, he must always feel to coming into collision with Congiess, may fail lo exercise, in cases wheie the preservation of the constitution or ihe public good deiim.d it, that he will exer cise il unnecessarily or wantonly. Durii-g the ptriod I have administered the ex ecutive department o.r lhe Guvernment, great and important questions of public policy, foreign and domestic, have arisen upon which il was my duty to act. It may indeed be truly said that my adminis' tiatlon has fulbm iu eventful limes. I have fell m st sensibly ihe weight ( f lhe high responsi. biliiies devolving upon me. With no other object than the public good, ihe enduring fame and per. m ncrji pro-periiy of my country, 1 have pursued the convictions of my own best judgment. Tha impaitial arbitrament oi enliahtened public opin ion in the present and future, will determine how for the public policy I have n.a ntained, and the iin a-urps I have recommended, may have tended lo advance or retaid public piosperityat home. and 10 elevate or depress the estimate ol our na. lional chaiacter abroad. Innvokins the bless:ngs of our Almighty God upon your deliberations, at your present important es on, my Bide nl hope is that, in a spirit ot har mony and conceit, you may be guided to wise re. ur.s, end such as will redound to the happiness honoi and glory of our beloved countiy. God and Liber'.)! JAMES K. POLK. Washirgton, Dec. 5:h, 1S18. (tVu. T. Davis, Eq., will deliver a public leciure before the Fatot'.e Lyceum, in the College Chapel, on S ituriliiy Evening, January Uth- (tV-l W. P. RonT. E. Tekbv. will deliver an Aiic!re.-8 before the Fayelie liviioii, S. O. T., on Friday evening, Hi in-t. (tVRev. Mr. Mitchcu., of Poonville, will do- liver un Anniversary Address before the Fayette Division, S. O. T., in lhe College Chapel, on the evening of the 29th inst. Negroes For Hire. The undersigned wishes to hi-e out privately, for lhe ensuing year, a parcel of negroes, consist. mj; of men and boys. Fayette, Dec. El, 1 lw. R. E. TERRY. ITIacoiiic Celebration. THE anniversary of St. John llie Evaogahs', ill be celebrated at Fayette, on tha 27lh Dec. A public insia'lation of othceri elect, of Fayettn Royal Arch Chapter, No. will lake place, and an uddreas delivered by Rev. Companion Cafles, of Brunswick, The members of the neL'hhorinif Chapter and Lodge, arc respectfully invited la attend, c. it. s';orr. i 11. V. KRING. J. A- SHIRLEY. Fsveue, Tec. 81,le4? w. Committee of Arrangements.