~ o|l Indian ictulimiH «re itresen'o.l in a inos'i f.l
- in the. report Irom tho War Uepart-
WUMlom of °ur policy In regard io iho
JP‘v 1 • Wllhin-pqr limits, is clearly monife»led by
their improved,, and rapidly .improving, condition.
A moat. Important treaty with the Menomonces
b J|}is«| n r€ “"' iy ne K°tioleJ by the Commissioner
onind an Affdira. m person, by which ail their
lana»Jn the *-1010 of Wisconsin—being about
Wrfflpwn acrcs—has been ceded to the United
States. This treaty will be submitted to the Sen
sion r ™ tl ,callon ’ ht an «a»ly. period of your bps-
• . VW l ** l tbe four year., eight important trea-
heart, negotiate,r with dlirorenl Indian
aha ala cottof ?1.845,000, anillh(lian bnd.'
to IM ahiount of more than 18,000,000 acres have
»>' <>n,led Slate.,end provision he.
UMit.mjde for smiling in the country west of the
Mt.«l«l| pi,rivet, the trlhes which occupied this
.a'*? domain, The title to all
K*.?^ri a £' l an d .within the several Slates of our
IJnton. tvtlb the eiccplion of alow email reerva
. lton.l. npw.oxtittßttiehed, and a vast region opened
- r WtlciOßMl and cultivation.
mps " y i n 8 re P° rl of tlie Secretary of (he
eniKt* a r" ll L ? ,Mbi ’ of lh ' operations and
coDdition.of that branch of the public service
r r -° f “ maU ve ” e . U Buitab, « for entering the
Ih« «lV°. f j‘ Ve ”' w "' JoJio ously pnrehased ddring
In' n,, B rr “* nfflciency to Ihe squadron id
tnf”"rCo,r C0, 0n , ll, “ r6lurn of P'nce, when no
• for “, Tal Purposes and liable In can
•oU,""d ,h ”
“ l,n ? b erof men lathe Naval service authorized
Djr.iaw. during the war, has been reduced by discharges
maximum fixed for (he peace establish*
, Adequate squadrons are maintains! in the
Quarters dr the Globe where expertence has
annwn (heir service* may be moat usefully employed
and the naval service in a condition of higher discipline I
1 or greater efficiency.
£ invite attention to (he recommendation of the Sec*
Wary of the Navy on the subject of the marine corps.
A .*J® of (ho corps at the end of the war ro
qoircu tii&t four officers of each of the three lower
BjMWa should be dropped from the rolls. A board of
‘ officer* to make the selection, and (hose designated
n f ce *** r ‘'y dismissed, but without any alleged
. «anjt. I concur in opinion with the Secretary, that the
?** j lc * ; would be improved by reducing ihfc number of
• «ndsm«n, and increasing the Marines. Such a mea*
•or« Would Justify an increase of (he
,t<rthe.exteht of the reduction by dismissal, and slid the
corps would have fewer offireis than a corresponding
number of men in the army.
. I’.The contracts for transportation of the mails in
steamships convertible into war Steamers, seem to re*
aliw All the benefits to our commerce and to tbs Na.
V, which were anticipated. The first steamer thus
. secured.to. the government was launched in Janua
ry* 1847. There are nmr seven, and ia another
jTMr there will probably be not leas than seventeen
and while this great national advantage is
eeenred, our social and commercial intercourse is
increased and promoted with Germany, Great Bri
tajnfind other parts of Europe, with all the coun*
tfiM on. lh lowest coast of our Continent, especially
with Oregon and California, and between the nor*
them,and southern sections of the United Stales.
Considerable revenue may bo expected frum post*
' •ffWi' bul tha connected line from New York to
Chagriee, and thence across (he Isthmus to Oregon,
canpot fsll to exert a beneficial influence not now
lp.be estimated on the interests of the manufactures,
commerce, navigation and currency of the United
Btates. ’. : . As an-important part of the system, 1 re*
. commended to your favorable consideration the cs*
Übluhment.or.the proposed .line of steamers be*
tWen Waw Orleans and Vera Cruz. It promises
tha>mpet hsppy results in cementing, friendship be*
tw4ierj the two Republics, and in extending rccip*
>J®P*M>4n6filft.tw Utc trade and manufactures of both
cpahlrfesl .
report of the Postmaster General nj|| make
iuibwo to you the operation of that department, for
the-particulars. •
> It ds grgt.fying to find the revenues of the de
partment, .under the rates of postage now vslab*
Ushedr by-law so, rapidly increasing. - The gross
amount of postage.during the last fiscal year, was
$4,371,077, exceeding the annual average received
for, the. nine-years immediately preceding the pas-
Bage,or the act of the Srd of March, 184 b, by the
■urn of .$0,453, and exceeding the amount received
for thelyear ending (he 30<b of June, 1847. by the
•um of $125,184
. The expenditure* for.the year, excluding the eum
of $94)072, allowed hy Congress at it* last session
to individuals, claimants, and including (be sum of
$lOO,OOO, paid for the services of the line of steam*
era.between Bremen and New York,amounting to
$4,198,845, which Is Lass than the annual average
for tbe, nine .years previous to (bMot of 1645, by
$300,748. ;
. The mail routes on the 30tU day of June last,
were one hundred and sixty-three thousand two
-hundred.and'.eight miles in extent, being.an in*
crease during the last year “f nine thousand three
hundred and ninety miles. The mails wero'trans
portpdhver them during the same (lino forty-one
nillion-twclva thousand fivo hundred and seventy*
nine railee, miking to increase of transportation
for the year, of two million one hundred and lryen
ty*four thousand six hundred and eighty miles,
whilst .the expense was less than that of (he pro*
yiotii jraar by $4,236. ...
-The increase in the mail transportation within
the last throe years hat been five millions three
hundred and seventy-eight thousand three hundred
and tan miles, whilst (be expenses were reduced
$466,738, making an increase of service at the
rate of fifteen per, centi
During the past year there have been employed,
under contracts, with the Post Office Department,
two ocean steamera in conveying the mail*, month
ly, between J4ow York and Bremen, and one since ,
October lasi) performing semi-monthly service be
tween Charleston and Havanna, and a contract
has been made for the transportation of the Pacific
mails across the Isthmus, from Choates to Panama.
Under the authority given (o the Secretary of the
Navy, three ocean steamers have been constructed
and aent to the Pacific, and. are expected to enter
upon the malt service between Panama and Oregon,
end the intermediate ports on the Ist of January
next, and a fourth has been engaged byhlm for the
‘ Service between Havanna and Cbagrea. so that a reg
ular monthly line will be kept up after that time be
tween the United Stales and' onr territories on the
Pacific.-''
Notwithstanding this great increase in the mail ser
vice, should the revenue continue to increase the pres
ent year an it did in the last, there will be received
neatly 9450,000 more than the expenses.
These considerations tatirfed the Post Master Gen
eral that with certain modificalions'of the act of’4s
therevtnoa may be still timber increased and a de
duction of postage# made la a uniform rate of & cents
without an interference with the principle which has
been constantly and properly enforced in making that
Deoartmrnt sustain itself.
. X well digested cheap postagWfsyslem, is the hex
means of diffunog intelligence among the people, and
is of so much impottanee in a country ao extensive as
■ that of the United States, that 1 recommend to your,
'favorable- consideration the suggestions of the Pott
Master .General for Its improvement.
■. .Nothing can retard the onward progress of our
country, and prevent us from assuming and main
t taloing Ibe first rank among nations, but a- disre
* gard of the experience of the pall, but n re.-ur
rcnee to an unwise public policy. We have Just
doted a foreign war by an honorable peace, a war
rendered neceisary and unavoidable in vindication
of Ihe National rights and honor. The present
condition of Uie country is similar In some respects
. to what which existed immediately after the war
With Great Britain, in 1815, and (ho occasion is
deemed ,to bo a proper one to take a retrospective
view pf measures of public policy which followed
' that’ war. There was at (hat period of our history a
departure from our earlier jiolicy. The enlarge.
*ip«nt of the powers of the redetal government by
conslr ction which obtained, was not warranted by
,»y Jufst .interpretation of the Constitution. A
few yaara aAer ihp cloeo of that war a scries uf
roeasprea was adapted, which united and combined
constituted what was termed by their authors and
advpcatea "tho American.aysioin.'*
. The Inlrbductlop of tho new policy for a lime
Wat favored by the condition of the country, by the
heavy debt, which had been contracted during tin* 1
war, by the depression of tiio public credit, by the J
depressed Slate of the finances and currency, and !
by the .Commercial and pocunisiy embarrassment
which extensively prevailed. These were not the!
ppiy causes which led to Us establishment. Tho
events of..,tbe war with Great Britain anil lha em
barrassments which had attended Us prosecution,
- bad tali on the minds of many of our. statesmen
the impression that our govprnmeiU was not strong
enough, and that to wield Its resources successfully
In. gftat emergencies, and especially in war moro
pow.tr,should be concentrated in its hands. This
increased power they did not seek to obtain by
.the legitimate and prescribed mode, en amendment
of constitution, but by construcilon. .They sawi
Governments in the uUTworld based upon different
ordsrsofsociety, so constituted as to throw tho
whole power of nations into the bands of a few who.
UxVd and controlled without responsibility or re
'itralnt. In that arrangement they conceived the
•trengib of notions consisted. There was also
aometbing fascinating in ease, luxury oniVdisplsy of
(be higher orders, who drow their wealth from the,
(oil of thp laboring millions. The «uthor| of the ays*
(ein drew their Ideas of political economy from
what they tad witnessed in Europe, and, particu
larly in ifjreat Britain. \Vhey had viewed tho
Cflormquf,,wealth concentrated in few bands, and
•bad sesrftbe splendor of sn overgrown establish-,
merit of «n aristocracy which wap upheld byl ibe
restrictive policy, * They forgot to look.down upotr,.
(ha pdoMrelaaaea of the English population Upon
whose dally and yearly labor, lha great e*UbJish-‘
m«;C? wenl WriiS'W
.tfS&i VTi 18 ? l ? ilod >° P>rcet*o that the icinll.
jy. fed and halt clad oporallrai wore hilt only In
•laocl poreny but were boond in chains dfoppres.
‘‘l for Iho benefit of favored chases who
were the exclusive objectli of the care of the Bov
ernmor.t. t b
it * l . not re-construct society* in (be
United Stales upon "the European plan. Here
more was n written constitution by which orders
ana Utica were not recognized or .tolerated. A’
system of measure* was 1 , therefore dtvmjJ, calcu-
Inted if not intended to withdraw power gradually
and silently from the states and the mass of the poo.,
plo, and by construction to approximate our gov.
ernment to the European modes, substituting 'an
aristocracy of wealth for that of orders and titles.
V> about reflecting upon the dissimilarity of our
institutions, and the condition of our people and
those of Europe, they conceived the vain idea of
budding op in the United -States a system fimiliar
to that they admired abroad. Great Uritian had a
Nattona! Bank of large capital, in whose hands
was concentrated the controlling monetary and
financial power of the nation. An institution
wielding almost kingly power, and excriing vast
influence upon alt the operations of tradni and'
upon the policy of the government itself. ; Great
Brilian had an enormous public debt, and. it had
become a part of her public policy to regard this
as “a public blessing.” Great- Britain hadnlno a'
restrictive policy which placed fellers snd'hurdcns
oh trade and trammelled iho productive industry
of the mass of the nation- Thus, by her combin*
ej system of policy, the landlords and-other
perty holders were protected and enriched by the
enormous taxes which were levied upon the labor
of the country for their advantage.
Imitating her foreign policy, the first step in es.
tablishing the new system In the United Stales
wa» the creation of a National Bank.. Not the dan.
gerouspowcr.and countless evils which an inalhdff
tlon might entail upon the country, nor receive the
I connection it was designed to form between the
j bank and the other branches of the miscalled
r« American system;” but feeling the embarrass
tnenls of the treasury, and of the business of iho
! .“unify, consequent upon the war,, some oC our
Statesmen, who had held 'different and sounder
views, were induced to yield iheir scruples, and, in
deed, settled conviction* of its onconslitutionolily,
and (ogive it their sanction, as an expedient which
they vainly hoped might .produce relief. It‘was a
most unfortunate error, aa the.aahaequrnl history
and final catastrophe of that dangerous and corrupt
institution hare abundantly proven. The bank,
with its numerous branches ramified into the States, 1
soon brought many of the active, political and com*
merciai men, in different sections of the country,
into the relation of debtors'to it, and dependents
Upon pecuniary favors, thus diffusing throughout
the mass ofsociety a great number oflndmdunla of
power and influence to'give tone- to public opinion
and toaeUncaacertincaseeofemergency. The cor
rupt power of such a political engine is no longer
a matter of. speculation, having been displayed in
numerous instances, but most signally inthepo*
litical struggles of eighteen bundrel and thirty,
two, Jn opposition to the public will ’represent,
ed by a fearless and patriotic President
. But the bank was but one branch nf the new
system. A public debt nf more than one hundred
and-twenty'millionsof dollars existed, and it is hot
to be disguised (bat manv of the authors of the
new system did not regard its speedy payment as
essential to the public prosperity, but look upon lu
continuance as-no rational evil. Whilst tbodebt
bxisted it furnished aliment to (he National Bank,
j-afid tendered an increased taxation necessary to
Ute amount of the interest exceeding-seven millions
; of dollars annually.
- This operated in harmony with tbo next branch
[of the-new system, Which was a high protective
i larifT This was to -aflord bounties to favored
classes and particular pursuits, at the expense of
alt others. A proposition to (ax the whole people
j for, the purpose of enriching a few, was too men
\ strops to life openly made. The scheme was (here*
: fore veiled finder the plausible; but delusive pretext
of a measure to protect home Industry; and many
of uur people were, fur a time, led to believe that a
(ax which, in the main, fell upon labor, was for the
benefit of the laborer who paid it. This branch of
■.tbo system' involved a partnership between Iho go.
vernmenl and the favored classes—the former re
ceiving the profits on the lax imposed on articles
Imported, and the latter (be increased price ofsimi
■ lar articles produced at home, caused by such tax
It is obvious that the portion to be received by, tbo
favored classes would, as a general rule, bo In
creased in proportion to the increase of the rates
of (ax imposed, and diminished as those rales were
reduced to tbe revenue standard .required by the
wants of the government. Theifatea required to
prodqce a 'sufficient revenue for tKo ordinary ex*
pendlihrca rtf government for necessary
were not likely to give to the private partners in
thia seberao, profits sufficient to satisfy their cupid
ity, and henco a variety of expedients and pretexts
were- resorted to for the purpose of enlarging the
expenditures, and thereby creating a necessity for
keeping up a high protective tariff. The effect of
this policy was to interpose an artificial restriction
upon the natural course of the business and (rado
of the country, and to advance tbe interests of
Urge capitalists and monopolies, at the expense of
tbe great mass of the people, who were taxed to
increase their wealth. Another branch of this sys
tem was a comprehensive system' of internal im*
provemenls, capable of indefinite enlargement, and
sufficient to swallow up as many millions annually
as could bo exacted from the foreign commerce of
the country. This was a convenient and necessary
adjunct of the protective tariff. It was to be the
great absorbent of eny surplus which might, st any
time' accumulate in the treasury, and the (axes
levied on the people, not for necessary revenue pur*
poses, but for the avowed object of affording pro
tection to the favored classes.
Auxiliary to (he same ends, If it was not an essen
tial part of the eystem itself, was the scheme, which
®t a later period obtained, for distributing (he proceeds
of (he sales of the public lands among die'states.
Other expedients were devised to take money out of
•lha Treasury, sod . prevent its coming In from anv
other, source than the protective tariff. The authors
and the supporters of the system, were the advocates of
the largest expenditures, whether for necessary or use
ful purposes or not, because the larger the expendi
tures the greater was the pretest for high (axes in the
form of protective duties.
These several measures were sustained by popular
namr-s—plausible arguments, by which thousands were
deluded. The bank, represented to be an indispensa
ble fiscal agent for the government, was to equalise
exchanges, and to regulate and furnish a sound curren
cy always, and every where of uniform value. The
protective tariff was to give "American labor ad
vanced prices— waa to protect home Industry," and
furnish a steady market for (ho farmer. Interna) im
provements were (o brjng trade into every neighbor
hood, and enhance (he value uf every man’s property.
The of the land money won to emicli the
states, finish their public works, plant schools throned)-
out thyir borders, and relieve them from taxation. But
the fact that for every dollar taken out of the Treasu
ry.for these objects, a much larger sum wa| transfer
red to the favored classes, was carefully concealed, as
waa also (he tendency, if not the ultimate design, to
build up an mistocracy of wealth to control (he u,asses
of society, and monopolize the political power of the
country.
The several branches of this system were so inti
nistely blended together, that In theit operation each
sustained and strengthened the others. Their joint
npersuon nas to add new burdens of taxation, and tn en
courage a largely Increased and wasteful oipi-ndllure of
public muiiev It was the Interest of liie bank that the
revenue cudecled, Bad thn disbursement made l»y tho
government should b« large, because being tho depository
°f llio public money, tha largi-r the amount thu creator
would bo the bank profits hy Its me U was thu lmoro»l
of he favored cU»»os who weio enriched by tho nroicetlvo
r “ ,O, "f ‘hat protection as Mali pos
•tb|e, Mir the hlllmr thrso rales ilinsrc-atar would bo their
advantage. It was Ihcliu-iiwt of the pt-r>p|.i of all those
sections and and localities, wlioexiinctml to bn bsiirflum]
hy expoud lurt-s for Internal Improvements, thaL the
amount collected should he at largo as possible, to tho end
that tba sum dlnbursixl inlphlntso ho thn larger: IhuUtaios
being the beneficiaries in tho distribution of tho land
money, hud an Interest In having tho rates of tax imposed
by their protective tariff large enough (o yield a suljkjuiu
revenue from that hu’Co to meet the wants of tho euv.
. eminent, without disturbing or taking from thorn Urn Fund
fund, so that each of the hrauchus constituting it had a
1 common toterosl In swelling tho public eipi-nditurM.-
i 1 They hid adimet Inter, si in maintaining the public debt
■ unpaid, and locresalng its amount, boceusn this would
I produce un annual Increasod drain upon the treasury to
■ t the amount of the Inton-st, and render nujm<'nte.l taxes
I necessary. Thu operation mid ii.oearary effect of tho
1 wlw’e fysjern were to encourage large and extravagant
* espendtlures. and thereby, to lnrr>-sse the public palrnn
i age and maintain a rirlt and splendid guvernmeiil at (he
1 eipettso of a taxed and Impoverished people.
|t is manifest that this schema of enlarged taxation
and exprndituru* had it continued to prevail, mint soon
have converted the government of the Union, intend
ed by ha founders to be a plain, cheap and civil con
federation of States, united together for common pro
tection, and charged with a few specific duties, rela
ting chiefly to our foreign affairs, into a consolidated
empire, depriving the Slates of their reserved rights,
end fhe people of their just power and control in the
administration of their government. In this msnner
the whole former character of the government would
be changed, not by an amendment o( the Constitution,
but by resorting to unwarrantable and unauthorized
constructions of (list instrument.
Tho indirect mods of levying the taxes by a
duly un imports prevents the mast.of the people
from readily perceiving the amount they nay, ami
has enabled the few who are thua enriched, end
who seek (o wield the political power of the country.
In deceive and delude them- Were the taxes col
lected by a direct levy upon the people, aa is the
case in the stales, Ibis could not occur.'
Tho whole system waa resisted from Ita incep
tion by many of our ableat atateamen, some, of
whom doubled ita constitutionality aud ita expedi
ency, while others,believed It waa, in all Ita branches,
a flagrant and dangerous infraction of the consti
tution. 1 »
That* National Bank, g proleclira tariff lavM
lint to ralaotho UTenus npeiled but-for itoioi t nr
meioly, Interns! impro»em«nti,distribution of Iho
protcodo of tho salt, of Ibu public Undo, oro m.t
surca without Iho warrant of Iho constitution; would,
upon the mslurcsl consideration, seem to bo cleor.
li is rcmarkabio that no one of these measure* In*
volving such motnentoua consequences Is nulhorii*
by nny express grant of pbwer In tlio constitution.
JNo one of them incident to, as being -necessary
»nil proper for Ute execution of the specific powers;
grunted by tho constitution. - The authority under
which it; has been attempted to justify each ol
them, is derived from infer 'ncc and constructions
( of the constitution, which Its loiter and whole oh*
jecl and design do not warrant.: • la it to be eon*
ccived that Such immense powers would hove boon
left by the framers pf the constitution to mere |n*
Terences and doubtful constructions! , Bad it been
intended to confer them on the Federal government;
.it is hut reasonable to conclude that it would have ’
been done by plain and unequivocal grants. This
was not done, but Iho whole structure of which
the /‘American fcystom” consisted, was reared on
number nor better foundation’ than forced implica
tions nhd Inferences'pf power which its authors as*
sums,.might be deduced by construction from the
constitution; .
.'But it has been urged that the National Bank which
eonstituted-ro essential a branch of this,combined aya*
lem of measures, was noLa hew measure, and that its
constitutionality had teen previously sanctioned, be*
catisra Bank had been chartered in 1791. and had re*
| ,oeiyed the olllcial signature of President Washington.
A few facts will show the jusfweighi to which this
i precedent, is entitled, ns bearing upon the question of
, constitutionality. *
! Great divisii-n of opinion upon the subject existed in
Congress. It is Well known that President Washing
ton entertained serious doubts both as to the conslllu*
tiiinahtv end expediency 6f the meHBiire, ahd while
the bill was before him for his official approv»Lor dis*
approval, so great were these doubts that ho required
the pmnioDi tn writing, of the members of his Cabinet
Ip aid him in arriving nt a decision. His Cabinet gave
thelropmion.and wfrodivided upon thesubject—Gen.
Hamilton in favor of. and Mr. Jefferson, and Mr.
Randolph being opposed to the constitutionality mid
expediency of. the Bank. Ii is well kuo« n also, Hist
President Washington retained the bill from Monday, i
i , 1 ) v J, ien ,l WM presented to him, until Friday, I
the »sth of February-being the last moment permitted I
him by the constitution, to deliberate, when he finally I
| yielded to it hi* reluctant assent, ami gave it his n]J.
nature. It is certain, as late as the 2'kfof February—
! being the ninth day afloi lim bill was presented to I
him—he had arrived at no satisfactorv conclusion, for
on dint day he addressed a note to Ocn. Hamilton, in
which ha informs him that “ this bill was presented to
mo by the Joint committee of Congress, at IS o’clock
on Monday, tho 14th inst.,” and he requested his opin
ion to what precise period, by legal interpretation of
Ilia Constitution, can the President retain it in his pos*
•estjon,*before it becomes a jaw by the lapse of ten
days If the pioper construction was that the day on
which the bill was presented to the president, ami the 1
day on which bis action was had upon it .were both to
be counted inclusive, then the time allowed him within -
which it would be competent for him to return it to the’
House in which it originated, with hts objections woirld
expire on Thursday the 24th of February, . Gen.
Hamilton upon the same day returned an answer in
which he stales, ** I give it as mj opinion that you have
ten days exclusive of that on which the bill was de
livered td, you, and Sundays. Hence In tho present
eaae. If it is telurned on Friday, it will bo in lime.”
By (his construction, which (he President adopted, ho
gains another day for deliberation, and it \« as noi until
the 2-Jih of February (list he sign d the bill; thus af
fording conclusive prool that he had at last obtained
his own consent to sign it. noi without great and in
superable difficulty. Additional light lias been recent
ly shod upon the serious doubts which he had on the
subject, amounting at one time to n conviction (hat it
was his duty (6 withhold his approval from the bill.
This is fonnd among the manuscript papers of Mr.
Madison, authorised to be poblUhed for the use of the
government, by an act of the last session of Congress,,
nnd now for the first time accessible to the public.—•
From these papers it appearsilmlPresidont washing,
ion, while he vet held the Bank bill in his hands, attu*
ally requested Mr. Madison, at (tint time a member of
the House of Representatives, to prepare the draft of
ft. veto message for him. Mr. Madison at his request,
did prepare the draft of such a message, and sent it to
hitn on the 2i«| of February, 1701. A copy of, this
original draft in Mr. Madison’s own hand writing'was
carefully preserved by him, and is among the papers
lately purchased by Congress., It Is preceded bya note
written on the same sheet, which is also in Mr. Madi
son’s hand writing, and is ns follows:
“ Feb: 21st, 170 J, see copy of a paper made out and
sent to the President at fa's request, to be ready, if in
hi’s judgment, he should finally decide against (he bill
for incorporating a National Bank, (he bill being then
before'him.”- v
Among the objections assigned in this paper to the
bill, and which were submitted for the consideration
of the President, are the following:
. *| I object to the bill because it is an essential piiu*
ctple of the government, that powers hot delegated by
1 the constitution raunot he rightfully exercised,because
ilia power proposed by the mil to be exercised U not
delegated, and because I cannot satisfy my
self that It results irom any expr. «s power by fair and
sale rules of interpretation."
The weight of the precedent of the bank of 1791,
and the sanction of tho great name of Washington,
which has been so often invoked in ns support, are
irreatly weakened by the development of these tacts.
The ex) erimcni of that bank satisfied the country that
it ought not to be continued; and at the and of twenty
years, Congress refused to.re-ehaiter it. It would have
been fortunate for th* country, and saved thousands
Irom bankruptcy and ruin, hod our public men of 1610,
resisted the temporary pressure uf the timet upon our
financial and pecuniary interest, and refused to char
ter the .second bank. Of this the country oecame abun
dantly satisfied, and at the close of its twenty years
duration, as in the pose of the first bank, it also ceased
to exist. Under thp reported pf President
Jackson, it,fell; gnd q subsequent attempt to charter
a similar institution, was arrested by the veto of Pre
sident Tyler.
Mr. Madison, hr yielding his signature to the
charter of IRIO, did sir upon tho ground of the re
spect due to a precedent, and, q-i ha subsequently
declared «the Bank of the United States, though
un tiro original question, held to be unconstitutional
to receive the executive signature."
It is probable that neiiheMhe bank of 1791,n0r
that of 1816, Would haye been chartered, but for
the erol-arrassmenle of the government in its fi
iiance-—the derangement of the currency, and the
pecuniary pressure which existed; the first, the
consequence of the war of the Revolution; and the
second, the war of 181$. Both were resorted to
in the delusive hope that they Would restore public
confidence, and afford relief to the government, and
to the business of (be country.
Those of our public men who opposed the
.whole *• American system," at its commencement,
and throughout its progress, foresaw and predicted
that it was fraught with incalculable mischief, and
must result in serious injury to the best interests of
the country. Fora series of years, their, wise coun
sels were unheeded, and the bystom was estab
lished. It was soon apparent that its practical ope
ration waa unequal and unjust upon different por
tions of the country, and upon the people engaged
in different pursuits, if ail were equally entitled to
the favor ond protection of the government. It
fostered and elevated the money power, and en
riched the favored few, by taxing labor, ond at tho
expense of the'miny. It* effect was to *• make the
rich richer, and the poor poorer;*’ its tendency was
to, create distinctions in society, based on wealth,
and'to give to tho favored cteasea > undue control
and sway in our government, It was an organ
ized money power, which resisted the popular will,
and sought to shape and control the public policy.
- Under those pernicious workings of this combined sys
tem (if mvasuri'S, tl)e country witnessed olu-rnsio seasons
of temporary nnd opjinn-nt prosperity, ami dlsasi roils com
mercial revulsions of an unprecedented fiuciuailoi) of
price and ibu depression of her grout Intmois of sgrrcul*
- mre, navigation and commerce, of gmiorai pecuniar* inf.
fciilngs, and of final bankruptcy of thousands. After a
severe strugiileof more than a quarter of * comuryvihe
was ovunliruwu. r
Thu bank has been, succeeded by a practical system of
finoucoconducted and controlled sii|«-ly by the govern
meat. Tho constiluUooar currency has been irsturedj tint
nubile credit inalnisiDvil unimpaired oven in a period of
ioreien war, and tho wliolu aiun'ry has bncmitu satisfied
that banks. National and Slate, areimt uecrssury as fiscal
agents of tits government. Itovoouo duties have taken
tho place of the protective tariff Tho dltlnbutioiMif tho
nmiioy dorived from thosaio of the public lands, has been
abandoned, and the corrupting system of internal Im
provumums. it is hopod has been o/lbctually checked.
It is not doubted that if this whole train of
measures design to taka wealth from the many
and bestow it upon the few. were to prevail, the
effect would be to change (ho entire chaiactorof
the government. One only danger remains. It ia
thu Introduction of that branch of tho ayelrru which
consists in internal iraprovomontp, holding out as
it docs, inducements to tho people of particular
sections and iucatities to embark the government
in them, without stopping to calculate the inevita
ble consequences. This branch of the system is
to intimately tjoiqblned and linked with lha others,
that us surely as an effect is produced by en ade
quate cause, if it bo rceuichsleJ and revived, oud
firmly established, it requires no sagacity to forsco
tlmt it will necessarily and speed I ly draw after it
the r©-establishment of a National Bank, the revi
val of a protective tariff, tho distribution of the
land monoy, and not only the postponement to the
distant future of the payment of tho present no
tional debt, but its annual increase.
1 entertain the solemn conviction (h«l If (ho in
ternal, improvement.branch of tho •• American Rys
tem," bo nut firmly rtalsud k( this tinib, tb* wltoU
system of measures composing it will be speedily
ro-eslabllshcd, and the country thrown back from its
present high atile of proepemy which the existing
policy hoe produced, ind he doubled again to wit
neaa all the evils, commercial revulsions, depression
of trade, and pecuniary embarrassments through
which wo have passed during tho lust twenty-fivu
years.
, To guord against consequences so ruinous is an
object of high national importance involving in my
judgment the continued prosperity of the country.
1 have fail It to be an imperative obligation to
withhold my constitutional sanction from two bill,
which was passed lit the two Houses of Congress
involving the principle of tha internal improvement
branch of ih« " American System,” and confMrig
in Iholr pnayjtipne with the,flaws here expressed. j
1 he powir'-co'hf rred-Upon-the’Preslilonl by tin
Constitution, on th 30 ‘occasions during my Admin*
istralton of tho Ex< cuiive Department of- the Gov
ernment, I deemed ,t my duly to exercise, and on
this last occasion ounakmg |o Congress on annual
.communication of the slate of the Union, it ia not
deemed inappropriate to review tho* principles nnd
considerations .which .have governed my actions* I
deem this ,lho, more’n'ecmnry because after the
lapse of nearly, sin-’e tho adoption ol
the the propriety of the exercise ol
(his undoubted constitutional power by the Presi
dent, has for the first time been drawn seriously in
question by a ponioji of. my followcitlxonß. .
• rbeoonaritntioh’provides that “every bill which
shnll have passed the;. House of Representatives and
Uie oenaie ahall, before it become a law, lie presented
to-the President of the United States; if he approve,
he shall srgn, it, but if -nol, ha shall return it with Ids
olfactions to that house ia which St 011011- Imve origin*
riled, who shall enter'die objections >ai large on their
journal, aou proceed to reconsider it.”
• 2" e t P re “j rvn , lion l^u constitution from Infraction,
is the President's highest duty. He is bourn! todis*
chario this duty, at whatever hazaid of incurring the
displeasure of those who may dilferwilh him in opin
mn. He is bound to discharge it as well as his obli
gations to the people, who havo clothed him with his
-exalted trust, as by hts oath of office which he may not
disregard; nor are the obligations of the President in
any degree lessened by tho prevalence of views differ
cm irom bis own, m one bp both Houses of Congress,
tt is not alone hasty and inconsiderate-legislation he is
required to check, but if at any lime Congress shall,
alter apparently full deliberation, on measures which
he deems subversive of the vital interests of the
1 counlryj .it is hts solemn duty to stand in (he breach
and lesist (hem. ‘ i’he President is bound to approve
1 or disapprove every bill which passes Congress, and
is presented to him for his signature.
i he Constitution makes this his duly, and he
cannot escape it if ho would.' He has no election
In deciding upon any bill presented to him; he
must exercise his own beat judgment. If ho cannot
approve, the Constitution commands him to return
tho bill to the House in which it originated, with
hts objections; nnd if ho fail to do this within ten
days, Sundays excepted, (t shall become a law with •
out his signature. Right or . wrong, ho may he
overruled by o vqte of two-thirds of curb house,-
and in that event the bill becomes a law without
his signature; if his objections be nqt thus over
ruled, the subject is only postponed,‘and is referred
[to the Miqtea and the j>eople,/af (heir consideration
nnd decision; (lie President's power is negative’
merely, and not affirmative. Ho can enact.rib law. I
The only effect, therefore, of his withholding hi*
approval of o J bill passed by Congress'is, to suffer
the existing laws to remain unchanged, nnd tho de
lay occasioned is only' that,required to enable the
State's und tho people to consider and act upon the
subject 'in-'the election of public agents, who will
carry out their wishes -nnd Instructions. Any at;
temptto coerce thd President (o give his sanc
tion to measures which be cannot approve, would
be a violation of (he spirit of the Constitution, pal
pable ami flagrant, and If successful, would break
down the Independence df the Executive depart
ment, and make the president elected by the peo
pie, and clothed by the ConstilutforLWith power to
defend their rights, the’more instrument ol mni.
; jorlly/of Oongrcss. A'surrender on his part, of
the power with which the Constitution has invested
bis office, would pflcct'a practical alteration of that
Instrument, without resorting to the prescribed pro*,
cess of amendment. 'Kc must presume (hem to be
as pure as his qwn, 4ad look only to the practical
effect of their measures,-when compared with, the
Constitution, or the public good.
Dql.lt has been urged by those wlm'object (o
(his undoubted constitutional power, that it assails
the representative principle of tbVpoople to govern
themselves; that.there is greater safety-iti a nume
rous representative biidy, than in the single execu
tive created by tlio ttinstiiuiionand’ (bat the ox
ecutive veto Is a “one man power," despotic in Its
character.-'To expose the fallacy 0 f this olJhc>
non, il ls only rieccssary to consider the frame and
true character of our system. Ours ia not a con
solidated empire, bulla confederated Union. The
States, before the. adoption of (lie constitution, were
co-ordinate, co-pquul snd separate, Independent *ov
eri'lgne, and, by Hs adoption, they did not lose that
character. They clothed the Federal governmenr
with certain powers, fnd reserved alfolhora imlud
lug Ihotr own’sovereignty, to the'msalvev. They
guarded their own rights as States, and the rights
of tho people, by ihojvoice to dictation which they
Incorporated into tha Federal Constitution, where
by the different departments of"the general g.w*
ermnont oro'checksupon each other.' Thai the'
majority should govern Is the general principle,
controverted by nonj; but they must govern ac
cording to the Consstutlon, and nut according to
an undefined and unrestrained discretion, whereby
they may oppress thd minority.
l*he people of IherUnited States are not blind
to (be fact- that they-may bo temporarily misled,
and that their Representative*' legislative and
Executive, may bo (qistakcu prioftuencipd irt their
-action by Improper motives; they have therefore
.interposed b-tween tbemsctves,aiid the'laws which
may bo passed by their public agents, various Rep
resentations, such as Assemblies, Senate and Gov
ernors, Iti Ibelr several stales, tho House of Rep
resentatives, the Bennie and.a PreslJent'of United
States. The 'people can, by their own direct
agency f> make no laws, nor cgn the House of Rep.
resentativea lotnicdigteiy elected by .them, nor can
the Senate-, nor can both’together without the con
currence of the President, or a vole of two-thirds
of both Houses,
Happily fortiiemselves, the Trailers of our ad
mirable system ofOnvernment.were conscious of
the Inflrmallea of iheir representatives; and id del-,
ega log lo than the power of legislation they have
fenced them around, with check*, to guard against
tho effects of baaty action of error* of combination
and of |>oaslble coiruption. . Envious, telflshnesa
and faction often sought lo rend asunder (bis web
of checke, and subject the government,' (o the cun*
trol ol fanatic and sinister Influences, but these
efforts have only satUfied the people of tho wis
dom of the checke which they have imposed and
of-the necessity of preserving them unirapalrod.
Tli- true theory of our ayitem Is not to govern by the
acts or decrees of toy ons «if Repre*eutatirei Tlio
coiismuilixi Interposes checks upon sit branches of ilm
government, In order to give time for errors to be corrected
and delusion to pees away ; but If the people settle down
Into a Arm Conviction, dluore&i from that £f their Itenro-
Mniatlvea.they give off xt to ibelr opinions by cU'irauia
their, public act vault. Tim checks winch the people lm -
jwsod on thrlr public servants In the adoption of tho
Constitution, wis the beat cvldrnce of iheir capacity of
e«-lftoverntiient. thny know that the Governor whom
they elect to public stations, aro of like hiifirinltln and
ma«ioawlth th'-mi-lves. sml not to b*-lru»leU wUltmit
.bel nft restricted by coordinate auihorJUMiiml constitu
tional IlmliMloo Whoiliut has witnessed the legislation
of C'-ogresa forthojasl thirty year*, win sny that he
fciiowa of no Instance In which measures not demanded
by the public gyod iiava been carried; who will deny that
In the Statu governments by c»rnblonlimm.f iml|t idtinls
am! tactions, lu derogation of lh** generel Interval. banks
have been chartered, systems of tni-rmi) linprovrimnia
adopted, and debts entailed upon tho people repressing
their grow Ih nod Impairing tnelr energies for jeors to
come.
After no much experience It cannot be said that ab*
solnle?tmv!iecked power is snfe in the hands of any oqe
set of Representatives, or that the capacity of tho pee*
pie for self government, which ]t admitted in its broad*
eat extent, is a conclusive argument in prove the pm
dance, wisdom knd mlegiity of their Representatives.
'('he people, by (he Constitution, hvaecommand
ed tho President os much on they havo commanded
(bo legislative branch of the government, lo 'exo*
cute (heir will; they have said to him, in the Con*
slUullon which they require he shall take it solemn
oath to support, that if Cungreaa pass any bill
which he cannot approve, '• he .shall return It to tho
house in wblch'lt originated, with his objcciionq.”
In withholding from jt Ills approval and signuturc
be Is executing the will of the people, constitution,
oily expressed, aa tnuch oe (ho Congress that
passed it,. No billJs presumed lo be in accordance
with (he popular will 1 until It 'shall hove.passed
through all the branches of government requited
by tho constitution lo make it b law* A bill which
passes the Houso of. Iteprevenlativos may be re
jected by the Senate, and so a bill passed by the
Senate may be rejected by (ho House. In each
case the respective houses exercise the veto power
on the other* !
Congress and. each Hpuse hold iim)«r (he constitu
(lon, a check upon the President, and he, by the power
of the qualified veto, has a check upon Congress, When
(he President recommends measures to Congress, ho
avowa in (ho moat solemn form his opinions, gives his
voice in their favor, and pledges himself in advance to
approve (hom if pissed ty Congress { if lionets with*
out due consideration' or, has been infiuenoi<d by im*
proper or corrupt motives, or if from any oilier cause
Congress, or either Howo of Congress, shall differ
with him in opinion, they exercise their veto upon his
recommendations ond rob'd iliem, mid there is ho op-
Eeel from (lieir decision, Ini to the people at (he ballot
ox. These me proper fchi'cks upon (he Executive,
wisely interposed by ther constitution; none will be
found to object to ihmi), or wish them n moved. It is
equally jm|>ortnii( (hat the conslitiiliunnl checks of the
Executive, upon Ihu legislative branch, should be pro
served.
if it bo Bsld that the typrcsciitnlivos in the popu
lar Stanch of «too*an au«eity'V>y the
people, It Vs answered, the people that elect (he
President. U both Houses rsproaonl the State* and
the people so does the Ifrceidmil. The Preaident
represents the whole people of the United States,
as each member of the Legislative department re
presents portions of thoni. J ,
Thu doctrine of restriction upon Legislative and
Executive power while ajwcll settled public opinion
is enabled, within a repsiinulile lime, to accomplish
its ends, has made our country what It is. and has
opened to us a career oi glory, and happiness, to
which nil other nations Hava been strangers.
In the exercise of tlje power of the veto, the
President is responsible,|not only to an enlightened
public opinion, but .to'the people of . the whole
union, who elected him 1 , as the Representative, In
the Legislative branches wbofilflerwlih blrtj In
«■ opfnidnrariPrftpbnsible'in ilie poo(ilo‘«ilVjiaVtioular
•: .dialoa, or. dislriijK who compose their respective,
omslhuenclps. /.-To deny lo the President the oxer
i ciso of.this powcrwould be.lo repeal tba| provision
-1 of (he constitution'which confer* it upon him.—
i To charge, that •He exercise unduly controls the
1 Legislative will, is to complain-.'bf tho constitution
r itself. i .
* .If iho-Pfealdonilol veto, be objected to'on Hip .ctoimd
■ inni.u chocks and thwarts (ho public will, uiwn the samo
i P r ."h p i P ’ tho Pf representation of tho Slates
' l'L l • Bon ete,shf» .lit .b-* stricken out of tho Conitltiuiun.
’ JJI?u 0W <lf " ®^ r, ® ,or from Uolßwnn*has*-qtinl weluhlln
i oecimng upon Ihomoit linporlnnt mnamin-s %v|ili the vcMo
of a ticiiator from New York nud yet tho ono represents
a Hiato crnitiilnlug according the'existing apportion
i nu-nlpr representative*.ln tho House of Itonrcsfiilativij*,
, onoutlrty.fnurtli part ~f ij,r- population of U t ot>ihir/ !ly
1 ! e .. C^. n ? ,t . u,, j llln, composition of tho Senalo. n majority
of Ui4| botly from tlio smaller Slates represent leas (hun
one.louruiofiho people of Um Union . Th-reore tliirtv
Slates, ami under the existing apportionment nfreuro
semniiviui, there are two hundred and thirty member* In
iha Ilonas of Hcprewitaiivo*. Sixteen rtf the smaller
Stales are retirt-semed hi Unit House hv hut Ilfly members,
nmuy-t the Semunrs from the*.- Stales consiitutoa ma.
Joriiy of the dentin, so that the ('resident may reco-nmemi
« mcafturn pi Cmigrem and it may n-e<-ivn the sanction
and approval of morn than throe fourths of ilia House of
oeprcsoolntlves, and of all the Senators from thn tareo
Binics containing more than threw fourths <if the whole
population of the United States, and yet tin 1 measure nitty
ho defeated by the v..lesofthe S-nalors from iheamallor
□tatM. Ntino It Is presumed ran bofound rondy to chance
thooßanizatlon of the Senate on this account, or lo strike
that body practically out of existence hy •orpiirine that
iui nctlnn shall he conp.rmed to tho will of. ifto more tm.
•m-rjos branch. - ;
Ufcon tho same principle that the veto of -the
PrestJonl should lie practicably abolished, the power
of ihb Vice President lo giro the.casting veto of
the denatfc'should’ be abolished also. - The Vico
President exercises the veto power aa effectually,
by rejecting a bill by his casting vote, as iho Prosi
dent does by refusing lb sign dt., This power has
been exorcised in a few instances, one of which
was the rejection of thn bill to the Bunk - •
of the United Siates/ini; 18U. ft may happen
that a hill may ho passed by a largo majority of the
House of Representatives; nnd may be-supported ,
by the Senators from tho larger .Slates, and the Vico
President may reject il, by giving his vote with (ho ,
Senators from the smaller States, and yef none,'it 1
is presumed, are prepared lo deny (o him Iho ex- ,
ercise-of this power, under tho constitution' ,
;. Hul it iB, in point of fact, untrue that an act- j
passed by Congress ia conriukive evidence that it f
is an emanation of. thn popular will. mnjorily „
nf tho. whole’ number.- elected (a each House of |
I Congress conrtitule a qanrom. and. a majority of
that quorum is competent to pats laws; .< It.might
happen that a quorum nf> (he House of Represent'
taiivcs, consisting of a single member’more, than
half of tho whole-number :elected to ihal' HoUue
might pose a bill by n majorhyTof n single vote,
-and, in (hat case, a fraction inure thanone-fourth
of tho people of the United Slates would be repreJ
sented by those who voted for It, It might happen
that the same bill might bo passed by a.majority of
one of a quorum of-the Senate, composed of Sen*
atom from the fifteen smallest State*; and a single
Senator from a sixteenth Stale, and if the Sena*
tow voting for it happen to bo from eight of .the
smallest of Iheso Slates, it would -be passed'by
the votes, of Honaior* from States having hut four*
teeu Representatives in the Huu/e of Representa
tives, and containing less than one-sixteenth of (ho
whole population of tbe United States.
Thta.AXtreme;cg>D illustrates the fact,.that the
mere passage of a lull by Congress, is no conclu
sive evidence that those who passed it, represent
tho majority of the people of the United Stale-, or
truly reflect (heir will. If such an extreme case la
not likely to happen, cases that approximate it, are
of constant occurrence. It is believed that not a
single law haa bcen passed since tho adoption of
(he Constitution, upon which all the members elec
ted to both Houses, have been present.and voted.-
Many of (he most Important acts which have
passed Congresq have been carried by-a close vote
in thin Houses. Many tml-ncesof (bis might bo
given. Indeed,.our experience proves that many
of (bo.most important acts of Congress, are post
. poned'to (ho last days, and often (he last hours of
a session, when they are disposed of in baste, and
by Houses but little exceeding the number nccca
•ary lb form a quorum.
Besides in most of the States the members of (he
House of Representatives are chosen by plurali
ties and not by majorities, and all the voters in their
respective district*; and it may happen that a ma
jority of (hat House may bo returned by a leas ag--
gregate vote-of the people (ban (bat received by tbe
minority..
If ihe principle insisted on be sound, (ben tbe
Constitution should bo so changed that no bill shell
become a law unless it Is rb'ed for by members re
presenting a majority of (he whole people of the
United Stays. We must remodel our whole sys
tem, strike down and abolish not only the salutary
checUt.l'idged in the Executive branch, but must
strike'out sml abolish those lodged in the Senate
also, am) thus practically infest the whole povtor
of the government in a majority of a single assem
bly, a majority uncontrolled and absolute, ond
which may become despotic. To conformt to (his
doctrine of the right of the. majority to rule in
dependent of the checks and limitations of the
Constitution, wo must revolitionaa onr ■ whole
system. We must destroy tbe constitutional com
pact by which the several tittles agree to form a
federal Union, and rush into consolidation which
must end hi monarchy or despotism. ;No one ad
vocates such n proposition, and yet' tbe doctrine
maintained if carried out must lead to this result.
One great jilyct nf the constitution In confer
ring upon the President a qualified negative Upon
the legislation of Congress, was to protect'minorities
from injustice and oppression by majorities. .' The
equality of '„tbeir representation in (he Senate
ami the veto power of “the President, are the con
stitutional guarantees which the smaller states have
that their rights Will ha respected. Without these
guaranties all their interests would be at the mercy
of majorities in Congrete, representing the larger
■tales. To the smaller and weaker states,.there
fore the preservation of this power and its exercise
upon proper occasions, demanding-it, is of vital
importance, They ratified the conaiilution and
entered into the Union, securing to themselves an
equal representation with the larger states in the
Senate, and they agreed to be bound by all laws
patted Congress upon the express condition,'ami
none otho, that (bey should he approved by the
President or putted, his objection to (he contrary
notwithstanding, by a vole of (wo-thirds of both
houses. Upon this condition they have a'rigbk to
insist as a part of the eompac 1 tn which they gave'
their assent. *
A hill might be passed by Congress against the
will of the whole people of n particular stale, and
against the viilca of its Bonatora and 'all its repre
sentatives. However prejudicial it might be lo the
interest of such slate, It would bo bound by U if the
President shall oppose it, or it'should bo passed by
a vote of two-thirds and of both Houses; but it Has
a right to demand that the President shall exercise
hia constitutional power, and arrest it if hiii Judg
ment Is pgalnst it. If ho surrender thin power, or
fail to exercise it in a case where he cannot ap
prove, it would make hia formal approval a mere
mockery, and'would bo itself a violation of tho'con
stitution, and (ho dissenting State would become
bound by a law which had not been passed accord
ing lo the sanctions of tho constitution.
The objection to the exercise of tho veto power
is founded upon un idea respecting tho popular
will, which, If carriod oqt, would annihilate state
sovereignly, and substitute for the present federal
government o consolidation directed by a supposed
numerical roojiulty. A'revolution of (ho govern
ment would bo silently effected, and the Stales
would bo subjected tu-laws to which, they had
never given their constitutional consent.
The Supreme Court of (he United Statce is in
vested with the power to declare, and has declared
acts of Congroit, passed with the concurrence of
h o Senate, the Hou«e of Representatives, ond the
approval of (ho President, to be unconstitutional
and void (and yet nano, It is presumed, con be
found, who will he disposed to atrip (his highest
judicial tribunal under (ho Conelitblion, of this «c
-knowledgcd power, a power necessary alike to Its
independence, and the rights of individuals.
For the same reason that (ho Executive veto
should, according to the doctrine maintained, bo
rendered nugatory, mid bo practically expunged
from (ho Constitution, this power of the court
should also bo rendered nugatory, and boozpung*
cd, because it restrains (he Legislative am) Exocu
live will, and because the exercise of such a power
hy the court, may be regarded as being in conflict
with the capacity of the people to govern them
selves. Indeed there is more reason for striking
this power of (ho court from the Constitution, than
there is for thil of the qualified veto of (ho froai
dent, because the decision of the court is final, and
can never be reversed, oven (hough both Houses
of Congress, end (be; President, should be unani
mous lh‘ opposition' W U; whnress, (he veto of the
President may be overruled by a vote of twb.thlfda
of bath Houses of Congress, or by the people at
the polls,
It Is obvious that to preserve the system established
by (he constitution, each of the co-ordinate brunches of
the government—the Executive, Legislative and Jndb
dal—must be loft in tho exercise of lu appropriate
powers. If the Executive or the Judicial branch be
deprived of powers confened upon either, us checks on
(he Legislative, tho preponderance of tha tailor wilt
bccemu disproportionate and absorbing, and the other
impotent for the accomplishment of the ureal objects
for which they were established. Organised aa they
are by ilie coinoitution, they work together htrmo.ii
ously for the public gpod, If the Gxrcutivo ami Judi
ciary shall be deprived of the constitutional powers
, Invsstsd Ih them, and of ihslr due proportions, the
equllihriutq of the system must be destroyed, and eoo
solldatlon with the mo* pentlalouv resultf muftenme—
■ • ‘a cohsohdaiicm of unchecked dcspotlcpi,wt , f excrcmet
> by’rmiJorUirs of die Legislative bianoli.
; jTlio.Execuliwe, Legislative and Judicial, each con*
blitutoa a'separalo co ordinate department,of tho gov.
■ eminent, and each is independent of the other. In
(ho peiformnnce of their respective duties under the
eonnlitution.'moilhcr can, in its legitimate notion, con
trol* the eififrs. They cnnli net, upon their several
responsibilities,Jn (heir respective spheres; hut if the
ddeuinett now maintained he correct, tho Executive
must become practically subordinate to (ho Logisiu*.
(ivo, and the Judiciary must become subordinate to both
the Legioiative and Executive; dud thm (he whole
powers of tho government would' Ue'mbrged in « sin*
glo department. Whenever, if ever (his shall occur,
oar glorious system of well regulated government wilt
crumble into ruins, Co be succeeded first by anarchy,
-and finally by monarchy or despotism. lam far from
believing that this doctrine is |ho sentiment of the
American people; and during the short period that
- remains in which it will bo my duty to administer the
Executive department, it will be mj aim to preserve
its independence, and discharge its duties without in*
fringliig upon the powers or duties of either «f (he de*
partmenls of (he government.
The power of Ihi Kxecuiive voloi was oxercised by the
first and ninsi illustrious of my prcihcessors. ami by four
nf liissuccessors who prucciivil mo in (ho administration
(■fiho t!uvenmiont. and it is believed, in no instance'
prejudicially, to tho public tnt-r-si. It has never been,
and tiler*- Is lull Hill- ilsnser (hat it' ever can bo abused;
No Preddcnt will cvordiMro unnecessarfiv laplaco his
opinion In opposition to that of Congress, ilamiifltel.
.ways exorcise, the power reluctantly, andotilv Incases
"here his convictions mako it a matter of stern duty
which he c ennoi escape Indeed, tliero’ is mom dancer
thni (he rp’sitl-ui. from the njitiguanra ho must always
feet, to count in csltfilun with Congress, may fail (ocxer*
rise It wherein- pr-scrvatlon of tho Constitution from
. infraction, and the public good, mny ilemnnd it, than that
he will over exorcise It unnecessarily or wantonly.
During tho'period that I have administered (he
Executive Department of the Government, great
and'lmportant questions of public policy, foreign'
aniTdoinwulc. have arisen, upon which it was my
duly to oet.< It may, indeed, he truly said that my
'mlministralioh has fallen upon eventful times. I
have felt, most sensitively, (be weight of the high
responsibilities devolved upon hie. ■ 'With no other
object lliaii the pirbiic good, the enduring fame and
permanent-prosperity of my‘country 1 ,1 have'pur
sued the convictions of my own best judgment.-
Th« Impartial arbitrament of enlightened public
opinion, present and future, will determine how far
(ho public policy I have maintained, and the measures
from time to time recomraended-fnay have tended to
advance or retard the public prosperity at. home,
and to elevate or depress the estimate of 'our na
tional character abroad. - r i .. I
revoking the blessings of- the Almighty upon your
deliberations at ynur present Important session, my #r
(dent hope is, thot in a spirit of harmony and concord
yon may be guided to wise results, and such as may
redound to the hanpiness, the honor and the glory of our
beloved country. JAMES K. POLK,'
5, 1848.
.(Ej"The President's -Message which, we had
from Baltimore, excludes all ‘editorial
intended for this paper',' ' ’ r
UST OF LETTERS
REMAINTNGinIhoPost, Office at Harrisburg,Pa;,
Dee. .1, 1848. Persons inquiring for Letter* on
line lift, will please shy they arc advertised.
A Longneoker Cadi' '
Allbert Joi - Loyd Hiram
Aloman Rudy - Loydd Hyram
U Lynds N (Sorrow ,
Baker Elian . M 1
Baders Doctor ' . M*Quaid Jas
Bailey Bnel . ,• M’Coy Mr ,
Banliile Henry '.M'Cormlck Jno ' •
Barnett .lame* N M’Cnrly L - . :
Barnshart LouUa9 M’Cabe Peter ' •
Bari\lhael Henry '- M’Devit John. • • •
Baum Adam. H , , . M’ElveyßMO . :
Bear John 0 , ,M’Ginnis Susanna -
‘Beaver Peter*. , _ ■' M'Gnire Malllew
Beigle Jacob M’Halo James
Beyerle II J 2 . WMath Micliael
Black Jno M - ‘
Black Susan v Mpad-Cyrus
Blair SS > . MaddyJamee A - 4
Bleyney Patrick - Mauir William
Blue Thus D. MarklyJß
Blust Jos Markle Arthur
Bobb LewU Martin James
Bout SB Martin Rebecca .
Bower Aaron - Martin J E f
Bowman Geo. • - ManonSS
Boyer Samuel Milvin K
Bradford AO Merkel Levi
Bradford Albert O ’ Michael Susan
Bradley John ' MUl*H*u*o Amous
Breechbill David Miller PV ■ " |
Broocks Henry S 5 Miller Geo
Brooby Patrick Miller Harry •
Buck E D ‘ Miller Jeremiah.
Buerble Ludwig P . Miller Mamaele ‘
Bullock Wm M Miller Miohael.
BummChristaln MilU George
BuirWinH_ Mitchell Mr
v . A
*5 Moore S . -
.Morgan Geo P ,
Murphy Tho«.
O'
Cadwoll Jay
Campbell Cli&a ,
Car Kutha % '
Chaplimi Tliob
Charti Satndrl
Coffey CnafrAw *
; Clark Dr A.
Clark Mr.
ClellandJho
Cocliran Win L 2
Cocftran Hannah
CoUno' ■
Couhiifeh Daniel
Uoxcn Jacob
, C.-yle Daniel
| Craven James
Graver J no
, Crowell Wm A & Co
Crowell Wm A .
Cioxford Jamea
Need W M
NeIUJS D:
NtftwffA G
- O’Brien Daniel
. O'Connor Patrick
,Oy*wo»li Augustus ■
Patterson Mary ,
Phillips Jno - ,
Pierce Wm A
Price TP ' ’
Pritchett A Kinlslng "
Purviancc Annlane
K
Raymond Henry
Rielley Martin
Reside Jr H
Rittenliouse Henry
Roan Lcane '
Robinson 1)
i Rose Ira B •
Rumpf Jacob
Rupley Sophia
RnplryMrsJai ‘
Russel CT
KyerDS '
S
ScbreiberEooth'
,*3heetsJao
SliCperd* J C 2
■ Shirk Elit*.
Stuffier A'srqn O ’ ''
Simon Lnll)ei M
Simpson Jrutcph Dr . .
, Sintef M«Uhias 2 .
Slaughter John
Small. David
Smith Claiif ‘ ' ’ . •*'
Smith Samuel C " 1
"SmithrQreaay >
. Snider Loulsia .
, Soper Joel
Stanley Henry A
Stanch P -
"StaumJohh
' Stance Jacob
Sieutenbaker Jacob
Steven* James G
Steward Anna
.Steigleman Ann K
Stine Jacob-
Stingle Jacob
fludive Frederick
Sutton Virgil K
T
Taremon Daniel
Taylor Augustus
Thomas Hariett
Thompson Cimiw
TiUwonli Isaah
Tolmage Stmrloi
'J'raoy M&rtUa
Tress Win
Tfiilliirger Wm
Ulmnn L
• Updogrove lunar
Valentine Michael
Ve«sel'’Jolm
Wulborn Win A
Watbnrn D U
Walker Susanna
Warren Jainoa
Warlon Sarah
Water* Samuel. .
Wvisklroher Jno'
Wheeler Giles .
■ Wclsey John
West-David
' Wetelef Jacob - -
' Wharton Thomas
Wheeler Geo 9
Wheeler HD
Whiglit James •
WhltnlghfJos
William Wm
WlUon 15
Wilwmi Jno
Wolf Geo
Wolfe Jos
Vender Jno
Young A
Young Wm
Davit- Sarah
Dolany M K
Denriiwon H
Deshotig Psler M
Devcnchora 3”*un Oath
Deble Lucian
Diffenbaugh Amos
Dixseri John
Dmighertr Cornelius
Drotzeur Fred
Dull Elder
Draw John 0
Duggan Pat .
E
Eaton Franklin li
Erkell Henry
Edsoo Henry L
Eyster JuO
Faust Ambrose
Frtdfl Qeo H .
Ferguson Jno
Font Owen
Furdlee J Q
Pollster James
Footer MH , . •
Fowler Abraliam 3 ,
Fox Mary . ■
Fox Wm AP
Frasier Christian J
Frilcbey Mary Ann
Frail Gee . .
Garner Joseph A
Gebbarth Mary
Griffith Jno
Hasson Patrick
Hagans William
Harkins Jno
lle/Tclfiiiger Jim
Ilepford William
Hill Levina
Hippard David
Honk Catharine
Huffman Jno
Houck Jacob
Huiiuinger H II
Harrison Mis*
Johnson Ji*h»p
Jolmitou II C
Johnson Win 9
Jones John ,
JoneaWm
Koly Jim
Kelly Rebecca
Knrn Heun Martin
Kerns Edwards 8
Kmzor G W ‘
Kirk OR
KooulT Elizabeth
Koak Thesis
Kocli Jacob
Krail Christian
Krujjet Phi!i£
Larkorm Lavoxah [1
Luvetty Jetno
Lawrence Wm
Lawyer Geo W
Leei John
Levan Goo
Llvuigitou Anna M
Levy J
LewVPerry
London Stephen
Leb'Mua
Loumbotd Coyboi
. C7* Twooento duo on each letter, In addition to the
poatotfe.
„ ISAAC a. M'KINLEy, P. M.
December fl— 3e
FOR KENT.
WILl* bfl t*nUd. tiy public. oulrry, on (ha pre
mlua, to tha.hWhett and bait blddar. on Bau
,S, Ml jN r » |f* }"* "jay «f December neat, 0 t d o’clock
P f Wil* property, altiiMo the borobah
of Datiphin, Middle Paxton lownalilp, Dauphin conn*
(teL.. Jli»i w*H known tavern *l»ud, culled the
BbTO" !)««;.Am Houn,"' now kept by Jo.rph
B B B»I iMwar. (formerly Bteea’,) together with tU
, appurtenance*; be|n« one of the ben Htnnde
lor busmen In Dauphin .county. Alm, the dwelling
houao immediately onpoalte the tavern aforesaid, now
ooonpleit by I2«a -Cliaae, tailor, together with a rabi*
net maker’* ahop, hloekamith ahop, dcc„adjonlinr the
aarue. .
9uid propeity will be jentoJ for one or more yekra,,
,o KJlk r .f ® r wpafale, aa rqky boatiult rentera.
Condition* will be made known ut aair) time and
i , , „ ISAAC SOONER,
oT 111. Eilitt* ol John F.rlln, Ju'd.;
.
.... - , - - , aj" v.
i> ■ •■.ruiiir t\ni:unitci n ain'rm. iwj •, r
t'nxii/ent, ami his Amci't/ti Judges
Court of: Quarter Sessions of the Peace fir (hr
eounti/ of Dauphin, o' " -
r pilE petition of Daniel Collier respectfully
J. eth:—That your peiiiioner occupies a commcdl
mm limine, situated in the town of Lykens, in ih*
lownship of Wlconisco, which is well calculated for a
.public house i*f entertainment, iffid from its neighbor',
iiood and situation is suitable ax well us'necessary
for ,the- accommodation of the public'and the on*
lertainmenl nf, strangers and travelers. That lib
is piovided with stabling for horses,, and ’ nil
conveniences necessary for thbcnieHainmeni cfsitsu*
«ors and travelers. Ho therefore tes’ptclfuJlyprajM
thncoinlto grant' him-aiicense to keep an inn or
Public House of Entertainment there,'and yourjieti*
tinner will'pray, ij-n,
. DANIEL COLLIER.
WE. the undersigned. citizens of the township of
Wiconisco aforesaid, being personally attainted w i
Daniel Collier.-the above named petitioner, and also
having i knowledge of the house, lor which tho license
is prayed, do hereby certify tli.it such house is neces
saiy to accommodate the publionnd eniertam'sii angers
or travelers; that he- is' a person of good repute for
honesty and temperance, nnd that he in well provided
with house room and ronveniencen lor the lodging nnd
.accommodation ofsitangorsand tiavelers, We there
fore beg leaveto recommend him for a' llcenso agree--
•bly to liis petition. •
, Ipanr. Bind, JtShn 1 Row, Tecob Moyer, Jph'n' Worn*
mer, Esq.,Jacob Envrlch', Daniel Hoffman, Richard
No'ert, J. D. Hoffman, Joseph Matter, Benj. Carman,
Edward Meyers, Geo. E. Hoffman.
JTOTICE.
’William M’Clure, J \ Precept from
_ „ ' V*. Mho Coart of
Tl«p Pennsylvania Railroad Company. ) (parlor See
aion of Dnuphin 1 county, to the Sheriff*, Mm
to summon twenty discreet and disinterested jJdrsons,
freeholders of soul county, to ant as Jurors In assessing
the damages dono said William M'Clure by the con
slruct.on of jbe saM, Railroad over and through M.
land, In Susquehanna township, in said county .
To W Ljliam M’Clurn, complainant, and S. V, 1 Mer
lick, Prefcjdent of said Railroad company, and dm
Directors mid other officers of, the same: Know ye (bat
Thavo designated, as the place for the meeting of said
Jurors, ihi’public house of Margaret Holabach,in said'
township, and. Monday, the 11th day of December,
1848,* at ten ‘o’clock In the forenoon of said day, as
dm lime of aaid meeting; when and where yon and
eacli.of you me requested to attend.; <
JACOB SHELL.-
- ' ; Shr-nfi of Dauvhin County. l*a.
Novi*mbi»r 25; l&IS. ' J
INJ the subscriber, residing 1:>
a\r JWi!/u* on^ bout th * middle 1 of'November.
,8 "' ofI^ o ld, while with black
SflX 11 lbe h ® ad nnd neck. The owner is hereby
.^JV° me forwa " 1 * P rov ®. property, paycharge.
'“"I k. will L „(
ELIAS FERTIG;
November 28—31*
Nollee to tile Heirs of Ifrnry W’Ocf, d«’d. ,
HP « Michael M’Gee, Rodney M'lJee, DehnU M‘-
X Gee. Bernard M’Gee, Sarah M’Gee,JohnM’Qde.
Catharine M Gee, Mhr«arel Ann M’Geo, who have
for their Criia'dian John B. M’Gee; Sarali Intermsr-
MvJ" lb Nancy M'Gee, Manasses,
M Gee, and Catharine Ai’Gpo ; , y
You are hereby cited to be and appear before the
Judges ofonr Orpbuna’. C'durl, elan Orphan’* Court
o be held at Sunb'nry, in the county of Nofthumbei*
land, on the Ist day of January next, at 10 o’clock A.
Al., then and ihere to accept or refuse the real estate
?f;“'® nf y "} G *° dec’d, situate inChillisquaquetowM'
•hip, in earn county at the appraised valuation put upon
duly awarded bythe said court! of
which, the aforesaid heirs will taka notice.
u . r ; ‘ JAMES OOVEIVTiShirtf-
Sheriff 8 Office, Sunbury, I
November2o, iSdS. « }
FORREST COUNTY:
SALE OF TOWN LOTS.
YTTIL', be sold nt public vendue in die town of
• v Marten,' in Forrest county, on TUESDAY
the 16ih January, 1819. Terms of sale :—One-fourtll
of the purchase money to be paid in hand; one.fo:.rlli
in six months; ope*fourth in twelve moi ilia, and Un
balance Ju -eighteen momhs from the daybf sale, at
which lime a good and sufficient deed will bp nivcii
by the subscriber. CYRUS BLOOD.
Aov. 22—1 m
IP DOLLARS REWARD.
RAN away from die subscriber, on Tuesday morn
(ugi the ‘iOlli iust., an indentured apprentice to
the 800 l and Shoemaking business, by. the nauit of
JACOB SCHILLING; aaid boy is about Bvo feci
Jiiult, liulil hair, grny eye*, considerably freckled, and
light complexion, ho in a German •by birth, speak*
Lngluh tolerably well. The above reward, but no
charees, will be paid for-hia delivery. All persons
are hereby warned against harboring or trusting said
apprentice, as I will pay no debts of his conirartinu.
X. MILLF.R, * '
Boot and Shoemnfar.
Nov.'23—3i
Adiulnitdrution Notice.
T EUXEUSiof adremSstrcbUcm ou th« oatale of John
•Li Ffrtlg, lale of Middle Paxlon township, Uanphin
county j dec’d, having been uranted to (he subscriber *
tiolico is hereby given to all persons indebted to said'
.waie, (o make payment without delay, and all person*
haying Clauds against said estate will present llietu
properly authenticated for settlement to
ISAAC SOONER,
Administrator.
.Middle Paxlon township* Nov. 28, JB-18—Ol
Ji'OTICE,
Augiisln* O. Hicster, Precept from
i,\ _ , \ . «'£ , -. /the Court of
1 he Pennsylvania Railroad Company.) Quarter-Sea*
"ion of Dauphin county, to the Sheriff, duecling him
♦o summon twenty discreet and disinterrated persons.
fraehqlderA, of said county,' to net as. Juror* In as
sessing (he damages done aaid AugnstuaO. Hlestrr,
by the construction of the said Railroad over and
through, hi* land, to Susquehanna township,,in aaid
county. . M
To Augustm O. Htesler, complainant, arid 3. V.
Mrrnck, President of aaid Railroad company, and the
Directors and other officer* of (be same Know ye
that 1 have designated, as the place for the meeting of
aaid Jurors, the puplio house of Margaret Holabaoh,
in *aid township, and Tuesday, the I2ih dayof .Decern*
h*r ne*t, ai ted o’clock In (he forenoon of aaid day, as
the time of aaid meeting, when arid whei« you and each
of yoo are are requested to attend.
JACOB SHELL.
■ Sheriff of JDaurhin County, Pa.
November 85, 1848. , , , ...
NOTICE.
\ Luther Rljey, _ , i Precept fiom
_ _ vj. Sthe Court of
The Pennsylvania Railroad Company. ) Quarter Ses
sion of Dauphin county, to the Sheriff", directing him
to summon twenty discreet and disinterested peikonn
freeholders, of suid county, to act as Jurors fn asse*-’
sing the damages done said Luther Riley by the con
struction of th- aaid Railroad over and through hit
land,- in Susquehanna township. In said county.
■To Lmhai Riley, complainant, and V. Merrick.
President of said Railroad company, aad the Directors
and Other officers of (he same Know ye that I have
designated as the place for meeting of said Jurors (ho
Court House, in the borough of Harruburg, und Sat
urday, the kth day of December, 1848, at ten o’clock
in the forenoon ol said day, as the time of ssid men*
mg; when and where yon and each of vou are re
quested to attend. ’
, Bf JACOB SHELL,
v , ‘-''jr, 77 -" °f T)aiifJnn County , i\».
November 85,'18 IN, '
OOAL. C’UAIj, COAJ,.- C/itapftr than lk* cheaii-
Vw' «*/.-•-line Grove, Wilkesbarre, and DitniniiimU
c «' l . M URANT& ZIEGLER.
November SB, ISIS.
f YKENS ,COAL.—IOO lm..Lvkd„.
Xj Vail,, Coul for rale lj- FUNK AS,MILLER.
Nnvcuibfr 88—2ni"-'tV
"D ROOMS AND nUCKETS -10 doa. Corn Broom.,
D 10 dozen Wooden Buckets, for sale by
November 28—2 m ’ , FUNK A' MILLER.
Boroitult Bonds.
riOihM* who tire deatibus of mukluo ajnilicioim
I oii'l'prnniablo liivcalmeiil, llic Mibicribcr orlcialor
■ ale flnnl»bufg:Dor«>unli Honda, in number* io milt
« Tvlinaor*. , E. A. LESLEY,
OlUce, opppßiio Cou’ily’a Hold.
Nov.t—3m
A I Bio.—Tlio Hmnv Flaks, Gem*
of Beauty? Laurel Wreath, Glftol KrlrmUl.ii.,
ttod a.vtrlriy of Annuala for IW9, bound lu atilemlul
•lyle, Bud etnbeliahed with numerous vnuravinu*, b»t
received from NewYoik. and for aalo vorV low tit the
cheap book and periodical store of
■GEO. I3EKGNER,
Next to the court house,
Nor. 18^
.Telegraph notice.
AMi person* having claims against (he Ametituu
WtgravK Company awning the line from liuf
rUlmru to UaUnnon l , ate requeue*! (u leave llioir hill*
forsellU'nifnl.yflth Mr. WEmmox,oUhaTelfgnnh
Office In this uoroiitih.
HENRY J. ROGERS, rrftulml.
Nj.v. 23—Hi
New Music.— To llio Ladles*.
WE ha vs raoolved a beautiful •»Bortm«*nt of nil (i<«
l&tcil Muiio from Now Vork Call and eaoni*
ine it at BLANCHE & CHAV.
• d Pot. 18, 1818 , -
CHEAP FLUTES, FLAGELETB, FIFES nqj
Inairuoiion Uookß,Guiiar and U/inno Slrinun, fifo .
fco., for aalo by BLANCHE Ac CILU*.
Pluii(»Forton.
WB will * ll,er I'do lirronnomcnu to hire out
I iano FoHca and Oman*. and lo supply any
kind nf Mimlrnl lunlrnniPtilft. ’
Pet. 18/16-18. HLANCHEAcOHAP,
O HELIiBAKKS.—fr) bnubeU for •>»!• by
..i „ . funic & Miller,
Od.yj^am
ALMANACS.— A v»iie;y or iCnutifl, sml
Cfernwn Hltohniiei for 18-iO. Jn/i reodve-d amt r",
xaif by the dot an or utoH, v*iy law.,, Call at Hip -lim*
book am MriufliwlVur* 9tv . CIEO. BKHONffl' *
ffnt. I*>< . . . ~ , »fw conn lu>g<|