But it has been urged that the national bank, which constituted so essential a branch of this combined system of measures, was not a new measure, and that its constitutionality had been previously sanctioned, because a bank had been chartered in 1791 and had received the official signature of President Washington.  A few facts will show the just weight to which this precedent should be entitled as bearing upon the question of constitutionality.

Great division of opinion upon 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 approval or disapproval so great were these doubts that he required “the opinion in writing” of the members of his Cabinet to aid him in arriving at a decision.  His Cabinet gave their opinions and were divided upon the subject, General Hamilton being in favor of and Mr. Jefferson and Mr. Randolph being opposed to the constitutionality and expediency of the bank.  It is well known also that President Washington retained the bill from Monday, the 14th, when it was presented to him, until Friday, the 25th of February, being the last moment permitted him by the Constitution to deliberate, when he finally yielded to it his reluctant assent and gave it his signature.  It is certain that as late as the 23d of February, being the ninth day after the bill was presented to him, he had arrived at no satisfactory conclusion, for on that day he addressed a note to General Hamilton in which he informs him that “this bill was presented to me by the joint committee of Congress at 12 o’clock on Monday, the 14th instant,” and he requested his opinion “to what precise period, by legal interpretation of the Constitution, can the President retain it in his possession before it becomes a law by the lapse of 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 time allowed him within which it would be competent for him to return it to the House in which it originated with his objections would expire on Thursday, the 24th of February.  General Hamilton on the same day returned an answer, in which he states: 

  I give it as my opinion that you have ten days exclusive of that on
  which the bill was delivered to you and Sundays; hence, in the present
  case if it is returned on Friday it will be in time.

By this construction, which the President adopted, he gained another day for deliberation, and it was not until the 25th of February that he signed the bill, thus affording conclusive proof that he had at last obtained his own consent to sign it not without great and almost insuperable difficulty.  Additional light has been recently shed upon the serious doubts which he had on the subject, amounting at one time