The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-08-26


may express its dissent by an unanimous
vote, aud its resolution may be leicuted BY
ne vote IN the Senate; and yet the as
sent is to be implied. Both branches of the
Legislature may concur ia resolution OF
decided dissent, and yet the Governor may
exert the reio power conferred on him by
the State constitution, aad their legislative
action be Defeated and yet the assent OF
the Legislative authority is implied, and
the directors Of this contemplated insiilu-
ton are authorized to establish branch
or branches in such State whenever they
I may find II conducive to the interest Of the
stockholders TO do 50; aud having once
established it, they can under no circum.
stances Withdraw it, except by act OF Con-
gress. The State may afterwards protest
against such unjust inference, but its au-
thority is gone. Its assen, is implied by
rs failure or inability to act at It's first scs-
sion, and its voice can never afterwards be
heard. To inierences so violent, and, as
they seem to me, irrational, | cannot Weld
my consent. No court of Justice would or
could santion them, without reseNing all
that is established in judicial proceeding
by introducing prescriptions at variance
with fact, and inierences at the expense Of
reason. State in u condition Of duresse
would be presumed to speak, as an indi,id-
Jal, rnanacled and in prison, might be- pre-
stunned TO be in the enjoyment Of freedom.
Far better to say to the States, boldly aud
fraukly-Cougress wills, and submission
Is demanded.
It may be said that the directors may
not establish branches under such circum.
stances; but this is question Of power,
and the bill Invests them with foil power
20 DO so. ifthe Legislature of New York,
or Pennsylvania, or any other State, should
I've found to be IN such condition a. | have
supposed, could there be any security fur
nlshed against such step on the part Of
the directors Nay, is il no, fairly TO be
presumed that this proyiso was introduced
for the sole purpose Of meeting the contin.
gency referred to Why else should il
have been introduced And submit to
the Senate whether II can be believed that
any State would be likely To SIT quietly
down under such state Of thing. In a
great measure Of public interest, their pa.
trtoIlsn may be successfully appealed to,
but to infer their assent from circumstances
at war with such inference, | cannot but
regard as calculated to excite feeling at
fatal enmity with the peace and harmony
.ot the country. | must, therefore, regard
thls clause as asserting the power 10 lie in
Congress TO establish offices of discount in a
state, not only without lis assent, but
against IT'S dissent; and, 50 regarding il,
cannot sanction ii. On genera, principles,
the right IN Congress to prescribe terms to
any State, implies a superiority OF power
and control, depriyes the transaction OF ali
pretencc 10 compact between them, and
terminates, as we have seen, in the total
abTngatlon Of freedom Of action on the
part Of tie States. But iurther the State
may express, after the most solemn form
u legislation, its dissent, which may from
time to time thereafter be repeated, IN full
view 0: lis own interest, which can never
be separated from the wise and benefcent
operation ct this Government aud vet
Congress may, by virtue of tho last provi-
50, override its law, and upon grounds
which, to such State, VIII appear 70 rest on
a constructive necessity and propriciy, and
nothing more. | regard the bill as assert
ing for Congress the right TO incorporate
a United States Bank, with power and right
TO establish offices Of discount and deposiie
IN the several States Of this Union, with OF
without their consent; principle to which
| have always heretofore been opposed,
and which can never obtain my sanction.
And, waving all other considerations
growing out Of lis other provisions, re-
turn it to the House in which it original.
ed, with these my objections to It's ap-
proval. JOHN TYLER.
WAsHINGroN. AycusT Ii, ISL.