sh to show that General Taylor, and not he, agrees with
the earlier statesmen on this question. When the bill chartering the
first Bank of the United States passed Congress, its constitutionality was
questioned. Mr. Madison, then in the House of Representatives, as well as
others, had opposed it on that ground. General Washington, as President,
was called on to approve or reject it. He sought and obtained on the
constitutionality question the separate written opinions of Jefferson,
Hamilton, and Edmund Randolph,--they then being respectively Secretary of
State, Secretary of the Treasury, and Attorney general. Hamilton's opinion
was for the power; while Randolph's and Jefferson's were both against
it. Mr. Jefferson, after giving his opinion deciding only against the
constitutionality of the bill, closes his letter with the paragraph which
I now read:
"It must be admitted, however, that unless the President's mind, on a view
of everything which is urged for and against this bill, is tolerably clear
that it is unauthorized by the Constitution,--if the pro and con hang
so even as to balance his judgment, a just respect for the wisdom of the
legislature would naturally decide the balance in favor of their opinion.
It is chiefly for cases where they are clearly misled by error, ambition,
or interest, that the Constitution has placed a check in the negative of
the President.
"THOMAS JEFFERSON.
"February 15, 1791."
General Taylor's opinion, as expressed in his Allison letter, is as I now
read:
"The power given by the veto is a high conservative power; but, in my
opinion, should never be exercised except in cases of clear violation
of the Constitution, or manifest haste and want of consideration by
Congress."
It is here seen that, in Mr. Jefferson's opinion, if on the
constitutionality of any given bill the President doubts, he is not to
veto it, as the gentleman from Kentucky would have him do, but is to defer
to Congress and approve it. And if we compare the opinion of Jefferson and
Taylor, as expressed in these paragraphs, we shall find them more exactly
alike than we can often find any two expressions having any literal
difference. None but interested faultfinders, I think, can discover any
substantial variation.
But gentlemen on the other side are unanimously agreed that General Taylor
has no other principles. They are in utter darkness as to his opinions on
any of the questions of policy which occupy the
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