obligations of conscience and the Constitution.
I readily admit that whilst the qualified veto
with which the Chief Magistrate is invested should
be regarded and was intended by the wise men who made
it a part of the Constitution as a great conservative
principle of our system, without the exercise of which
on important occasions a mere representative majority
might urge the Government in its legislation beyond
the limits fixed by its framers or might exert its
just powers too hastily or oppressively, yet it is
a power which ought to be most cautiously exerted,
and perhaps never except in a case eminently involving
the public interest or one in which the oath of the
President, acting under his convictions, both mental
and moral, imperiously requires its exercise.
In such a case he has no alternative. He must
either exert the negative power intrusted to him by
the Constitution chiefly for its own preservation,
protection, and defense or commit an act of gross
moral turpitude. Mere regard to the will of a
majority must not in a constitutional republic like
ours control this sacred and solemn duty of a sworn
officer. The Constitution itself I regard and
cherish as the embodied and written will of the whole
people of the United States. It is their fixed
and fundamental law, which they unanimously prescribe
to the public functionaries, their mere trustees and
servants. This their will and the law which
they have given us as the rule of our action
have no guard, no guaranty of preservation, protection,
and defense, but the oaths which it prescribes to
the public officers, the sanctity with which they shall
religiously observe those oaths, and the patriotism
with which the people shall shield it by their own
sovereign will, which has made the Constitution supreme.
It must be exerted against the will of a mere representative
majority or not at all. It is alone in pursuance
of that will that any measure can reach the President,
and to say that because a majority in Congress have
passed a bill he should therefore sanction it is to
abrogate the power altogether and to render its insertion
in the Constitution a work of absolute supererogation.
The duty is to guard the fundamental will of the people
themselves from (in this case; I admit, unintentional)
change or infraction by a majority in Congress; and
in that light alone do I regard the constitutional
duty which I now most reluctantly discharge.
Is this bill now presented for my approval or disapproval
such a bill as I have already declared could not receive
my sanction? Is it such a bill as calls for the
exercise of the negative power under the Constitution?
Does it violate the Constitution by creating a national
bank to operate per se over the Union?
Its title, in the first place, describes its general
character. It is “an act 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