om the Constitution.

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 bil