Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1841-08-24

4
flexible. tits the language Of the mas
Ter 10 the Vassal-an unconditional an
sWer IS claimed forthwith; and dslav-
pss,ponement or incapacity TO answer
produces an implied assent which !. az
Sr after irfevocable. Many Of the Stat.
elections have already taken nI.oo
without any knowledge on the psrt or
the people that such question was to
came up.
| The Representatives may desire sub-
mission Of the question to their const;,r-
ents preparatory to final action upon !,
but this high privilege is denied, whatev.
er may he the motives and views enler-
tanned by the Representatives Of the peo-
pie to Induce delay, their assent is to be
presumed, and is ever afterwards bindiDo,
unless their dissent shall be unco6di,ion.
ally expressed at their first session al.
ter the passage of this bill into law
They may, by formal resolution. de-
clare the question Of asso at or dissent to
be undecided and postponed, and vet. in
opposition to express declaration IN the
contrary their assent is TO be IMPLIED
Cases innumerable might be cited to
manifest the irrationalIty of such infer
ence. Let one or two in addition sufice.
The popular branch of the Legislature
may express its dissent by an unanimous
vote and lis resolution may be defeated
by tie vote of the Senate, and vet the
assent is to be implied. Both branches
OF the Legislature may concur in a reso-
luton of decided dissent, and vet theGoy-
ernor may extend the veto power con.
ferred upon him by the State Constitution
and their Legislative action be defeated,
and yet the assent ofthe Legislative az
thorty is implied, and the directors of
this contemplated institution are author
lsed to establish branch or branches in
such State whenever they may find it
conclusive to the interests of the stock.
holders to do so, and having once estab-
lished, they can under no circumstances
withdraw it, except by act of Congress-
The State may afterwards protest against
such unjust inference, but its authori-
ty is gone. Its assent is implied by its
failure or inability TO act At its first sess-
ION, and its voice can never afterwards be
heard.
To inierences so violent, and as thew
seem TO me, irrational, cannot weld nv
consent. No court Of Justice would or
could sanction them, without reversing
all that is established in judicial proceed.
ing, by introducing presumplions At va
rance with fact, and inferences at the
expense of reason. A state in condi.
tion Of duresS would be presumed 10
speak, as an individual manaclsd and in
prison, might be presum ed 10 be in the
enjoyment Of freedom. Fal better 10
say TO the States boldly and franklv-
Congress wills, and submission is demap.
dSd.
1t may be said that the directors NAV not az.
tablish branches under such circumstances RI,
TINS is question Of power, and this biIl.iayests
them with full authority 10 do so. Ifthe legisla-
ture Of New York or Pennsylvania, or any other
state' should be found TO be in such condition
as have supposed, could there be any security
furnished against such step on tha part of tha
directors! Nay, is it not fairly to be pIesumed
that this proviso was introduced for The sole mr.
pose OF meeting the contingency referred to?-
why else should II have been introduced? And
submit it to the Senate, whether it can be bs-
lleVed that any state would be likely 10 sit ouist
ly down under such state ofthings! In a great
measure fpublc interest their patriotism NAV hs
successfully appealed 20; but 10 infer THAR a.
sent from circumstances at war with such ipfar.
ence, cannot but regard as calculated to excite
iealing at fatal enmity with the pc ce and har.
mony OF tho country. must, therefore, rega I'd
the clause as asserting the power to be in Com
gress 10 e% aOilsp ohices of discount in state,
not onl" without its assent, but against its dis
sent: and so regarding it, cannot sanction it,
On general principles, the right in Congress 10
prescribe terms to any state, implies a superior;
~ OF power and control, deprives the transaction
OF all pretence to compact between them. and
terminates, as we have seen, in the total arTOga-
ton OF freedom OF action on the part Of the states
But flfther' tine state may express in the most
solemn form oflegislation, its dissent, which NAV
from time 10 time thereafter be repeated, in full
view Gift own interest, which can never be san .
0rated from the wiss and bsnefcent operation of
This government; and yet congress may, by vir.
tue fths last proviso, overrule its aw, and upon
grounds which, to such State, viii appear to rest
Oh constructive necessity and propreiy, and no.
thing more. regard the bill as asserting for con.
gress the right 10 incorporate United States
Bank with power and right to establish Offices of
discount and deposite in theseveral States of tho
Union with OF without their consent, a principle
TO which have always heretofore been opposed
md which can never obtain my sanction. And
waving all other considerations growing put of its
1the- provisions, return il to theEiouse in which
t originated, with these,my objections to its ap-
'rova. JOHN TYLER.
Washington, August l6, lS4l.