been introduced? And I submit to the Senate whether
it can be believed that any State would be likely
to sit quietly down under such a state of things.
In a great measure of public interest their patriotism
may be successfully appealed to, but to infer their
assent from circumstances at war with such inference
I can not but regard as calculated to excite a feeling
at fatal enmity with the peace and harmony of the
country. I must therefore regard this clause
as asserting the power to be in Congress to establish
offices of discount in a State not only without its
assent, but against its dissent, and so regarding
it I can not sanction it. On general principles
the right in Congress to prescribe terms to any State
implies a superiority of power and control, deprives
the transaction of all pretense to compact between
them, and terminates, as we have seen, in the total
abrogation of freedom of action on the part of the
States. But, further, the State may express,
after the most solemn form of legislation, its dissent,
which may from time to time thereafter be repeated
in full view of its own interest, which can never be
separated from the wise and beneficent operation of
this Government, and yet Congress may by virtue of
the last proviso overrule its law, and upon grounds
which to such State will appear to rest on a constructive
necessity and propriety and nothing more. I regard
the bill as asserting for Congress the right to incorporate
a United States bank with power and right to establish
offices of discount and deposit in the several States
of this Union with or without their consent—a
principle to which I have always heretofore been opposed
and which can never obtain my sanction; and waiving
all other considerations growing out of its other
provisions, I return it to the House in which it originated
with these my objections to its approval.
JOHN TYLER.
WASHINGTON, September 9, 1841.
To the House of Representatives of the United States:
It is with extreme regret that I feel myself constrained
by the duty faithfully to execute the office of President
of the United States and to the best of my ability
to “preserve, protect, and defend the Constitution
of the United States” to return to the House
in which it originated the bill “to provide
for the better collection, safe-keeping, and disbursement
of the public revenue by means of a corporation to
be styled the Fiscal Corporation of the United States,”
with my written objections.
In my message sent to the Senate on the 16th day of
August last, returning the bill “to incorporate
the subscribers to the Fiscal Bank of the United States,”
I distinctly declared that my own opinion had been
uniformly proclaimed to be against the exercise “of
the power of Congress to create a national bank to
operate per se over the Union,” and,
entertaining that opinion, my main objection to that
bill was based upon the highest moral and religious