Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-09-09

~ NufEN
meni' That an immense majority. not less than two
ihirdsoi the nation desire such an institution. All
doubi ~ this respect ought To be suspended py the
recent decision of the tNo Houses of Congress. I
speak OF Them Us IN evidence of popular opinian.-
Ia the House of Representatives. the ma.,ritv was
81 To 100. IL the House had been full. and but
Tor The modification OF the 10Th fundamental condi.
iion' ihere would have been a probable majority OF
az. ishto he believed that this large IN llpriiy of
INC immediate representatives Of the people. fresh
irOn amongst them, and 10 whom The PtesiJen,
secmed inclined. in his opening message. 10 refer
inns very question. have mistaken The wishcsof their
constituents
pass 10 the sixteenth fundamental c,n5;,i,, !,
respect To The branching power, o. which I rcqre,
10 ieei myself Obliged To- say that I think the Presi.
dent has commented with unexampled severity. and
with a harshncss Of language not favorable t. the
niain'ena ice OF that friendly and harmonious inter.
course which IL 50 desimble between co-orIin,,.
departments OF tho Government. The President
could not have been uniformed that every one Of
the twenty sax Senators. and every one OF the hun.
dred and ~ihirty-one Representative who voted for
.he Oui'' u lett to his 1wn separate wishes, would
have preferred the branching power 10 have been
conferred uncon iitionally, as IL was in the charters
ot me Two i"rmer Banks Of the United States. Ia
cohscniing To tue RESTRICTIONS upon the exercise OF
that power, he must have been perfectly aware ina,
'hcy were actunied by a friendly spirit VI compro-
mise and concession. Yet nowhere in his mcssIse
docs he reciprocaie ar return This spirit. Speaking
OF the assent or dissent which the clause requires.
ne says =" THIS iron rule is 10 give way Co no cir.
cumsiances-it is uubeniing aud inAexible. II i,
language OF the master TO the vassal. An uncondi.
iionnl answer is claImed (srthrih." The "high
privilege OF a submit sion Uf the question, on the
part OF The State Representatives, TO their constiti.
enis' according 10 the message, is denied. lie pu,s
The cases of tho popular branch Of n State Lepisln
ture expressing IFS dissent "by n unanimous vote, and
1 m zAlnNunV -.
SENATE, nnd Both branches Of tho Legislature NAV
concur in a resolution Of decided dissent, and vet The
Governor may exert tho veto power conferred on
hihi ny The Stale constitution, aud their Legislative
nciun DO defeated" "The State may afterwards
protest such unjust inference, but ITS authority is
gone. The President continues: To differences
50 violent, md us they seem 10 me irrational. | can.
not yield my consent. No court Of justice would or
could sanction them, without reversing ell that Is
established IN judicial proceeding. by introducing
P'esumptions az r1'idace nth fact, and differences
at The eIPense Of reason. A Stale in a condition of
duresse would be presumed to speak rs ala lnd.viduI,
manaclcd nnd in prison. might be presumed to he
IN Tho enJoymeni of freedom. Ear better To say To
ihe States boldly and frankly, Congress uiHs aud
SHbmisciOa as dtmqRdod."
Now, Mr.. President. | will not ask whether these
anImadversions were promted by "a reciprocal spirit
oi a'nny and Kindness. but I inquire whether all Of
them arc perfectly just.
Beyond all question, those who believed in the
constitutional right of Congress 10 exercise the
branching power within the States, Internationally
and without limitation. did make no small conccs.
S'on when they consented thai il should be subicc.
ted 10 Tue restrictions specified in tho crompnbnisc
clause. They did not. u is true. conccde every
thing; they did not absolutely renonnce The power
10 establish branches without the authority Of the
States during tho. while periUd OF the existence of
me charter; but they did ngree that reasonable
limo should be allowed 60 The several 81 ,es to de.
iermlie whether they would or would not give their
assent 10 The establishment of branches within their
respective limits. Tbey did not think il right {,
IeaNo ~ m open question, for the space Of twenty
years; nor thai n Stale should be permitted To gram
Today and revoke tomorrow its assent; nor lhat i,
shou a annex onerous or imprIclicahle conditions 10
IT'S assent. bat that it should defnilivefy decide The
question, alter the nrse of ample time for full deli
oernlion. And what was that timei No Sla,e
would have loss than four munlhs. and some of
lhem from tive 10 nine months. for onsideration-
was ~ therefore, entirely correct fr the Presideni
y" shy 'a' en unconditional onswcr is claimed
FORTHWITH Forthwith means immediately. IN.
s'anuy' without delay, which cnnnol bc affirmed OF
a space ut time varying from four 10 nine months
Ana TIE President suppOses that the high privilege"
oi ihe mctnbers Of ihe State Legislature submiuing
'he question 10 their constituents is denied But
1onIu ihcy not nj 0uy time during that spaco have
consulted their cUnsIitueEi,?
Inc fresideni proceeds TO put what I must. with
'c greatest Difference and respect, consider M ,
tc"no c1scs. lie snppOscs the popular branch 10 ex.
P',Ss "isseh' Dy unanimous vote. which is over.
ruled by a tic "a the Senate. lie supp.sos tho,
"'Uh branches OF the Legislature may concur in n
resolution Of decided dissent. and vet the C,vcrnr,,
may exert the veto power" The uuG,rtun,,o c,ss
"i inc state whose Legislative will should he an
checked by Executive authority. would not bc worse
ihah That OF the Union. The will Of whose Legisl,.
'urU' IN eS'abIishing this bank, is checked aud con.
irolled by the President.
Du. ul u not occur 60 him that extreme cases
Drought lorward on the ono side. might be mct lao
eAfeihc cases suggested On the olher Suppose the
popular branch were tO express its assent IA tic -
'uniishment OF a branch bank by a unanimous yo,e.
WIN" Is oNcrfuiled by an equal vote in The Senate
Ut suppose That both branches OF the Legislature. bv
niIoniicsi no each exactly wanting nc vote TO make
: TWO u'irds were TO concur in a resolution in.
Vhing The introduction Of a branch within Ib, lim;i.
OF the Stale. and the Governor were 20 exercise tho
veto power. and defeat the resolut,ou Y,uld !, Ls
very unreasonable ia these two eases To- infer the
assent Oi tho STATE 10 The establishment oCa b,,ncbi
h'tifeinc cases should never be resortcJ to. Han.
Pny Ior mankind. their affairs are hut seldom nfsct
90 Ofmhuencedby Them IN consequence oCttc rarty
Of their occurrence. 10y
The plain. simple. u~nvanished statement oC Tho
case Is this. Congress believes itself invested ,,;,L
CONSTITUTIONAL power 90 authorize, uncouJi,iou,lIv
,no os'a s'ishnenl Of a Bank Of the United States and
branches any where in The United States, yyithout
'Shins any other consent Of the States than tina,
winch - already expressed in the Constitution. The
= hesiuent does not concur IN the existence of thai
pO"ef' and was supposed 20 onIerain an opinion Ina,
~ previous assent "i The States was ncccSsary-l
Here was an unfortunate conflict Of op;p;on H.,
was a case ir oo'nPro Use and mutual copces.rn
'he difference could be reconcilod. Copgress al
sS'ccp - Tar towards a compromise rs Ia allo,V Inc
80 "cAPiess Ihoif assent OF dissent, but then il
noughI That this should be done within some limit.
20 bot reasonable, Time; end IL believed. since m.
:, "'i ns branches were established iOr The benefit
d lwon'y.siH states, u The authorities Of sny a.. ~
i'cm really could not make mp their mimi within
20, limited time either 10 ssseni OF dissent =, ,bo ~
rodnci'on Of branch. that il WIS not unre,s,n,hIs
ii'ef ihe lapse Of tho appointed tim. ,y;,,,,, .a.
-".'o aoion' one way Or The other. on the pau I'll
no SAFE TO proceed as II Il bad assontcd. Now. MI
ne power commended 6r by Congress reilly e,i,s
must 10 admitted That here was n eopccSi,.
o''srion' accofding % which on urcondri,,al ,
w. p placed under temporary rosricfiops-,
tI,hego offered % the States which was moi e,,.n.
eu lo ttom BY either Of The chare,s ~ H. - d