Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-09-18
anv where in the United States. without

asking any other consent of the States
than that which is already expressed in the
Constitution. The President does not
concur in the existence of that power
and was supposed to entertain an opinion
that the previous assent of the States was
necessary. Here was an unfortunate con-
ilict of opinion. Here was q case for
compromise and mutual concession, if the
difference could lie reconciled. Congress
advanced so far towards compromise as
to allow the States to express their assent
or dissent, but then it thought that this
should be done within some limited. but
reasonable time: and it believed, since the
Bank and its branches were established for
the benefit of twenty-six States. if the
authorities of any one OF them really could
not make up their mind within that limited
time either 10 assent or dissent to the in
PRODUCTION Of branch, that it was not I'M
reasonable. after the lapse of the appointed
Simc without any positive action. one way
or the other, of the part OF the State, to
proceed as if it had asScnted. Now, if
the power Contended for by Congress
really exists. it must be admitted that here
was a confessional concession, according
to which an unconditional power is placed
under temporary rcstrlctiOns-a privilege
afforded to the States which was not ex-
tended to them by either OF the charters
of the two former Banks of the United
States And | am totally at loss to
comprehend how the President reached
the conclusion that it would have been
"lar better to say to the States. boldly
and frankly. Congress wills. and submits
sion is dcmanded.' Was it better for the
States HAT the power of branching should
he exertcl without consulting them at all!
Was it nothing to afford them an opportu-
nifty of saying whether they desired
branches OF not, How can it be believed
that clause which qualities, restricts, and
limits the branching power is moro derog-
atory from the dignity, independence and
sovereignty Of the States than if it mex
orabiy refused to the States any power
whatever TO deliberate and decide on the
Introduction of branches? Limited as tho
time was, and Internationally as they were
required to express themselves, still those
States (and that probaby would have beer
the case with the greater number) that
chose to announce their assent or dissent
could do SO. and ret or prevent the intro
duction OF a branch. But the President
remarks that 1.-THE State may express after
the most solemn form of legislation. its dis
sent. which may from time to time there
after be repeated, in full view Of its own
interest, which can never be separated
from the wise and bcneticent operation of
this Government; and yet Congress may.
by virtue of the last proviso, override its
law. and upon grounds which, to such
State, will appear to rest on a constructive
necessity and propriety, and nothing
more"
Even if the dissent Of State should be
oyerrn!ed, in the manner supposed by the
President. how is the condition of that
State worse than it would have been if
the branching power had been absolutely
and Internationally asscrtedin the charter!
Here would have been at least the power
of dissenting conceded, with a high de-
gree of probability that if the dissent
were expressed no branch would be intro
duccd.
The last proviso to which the President
refers is in these words: "And provided.
nevertheless, That whenever il shall become
= necessary and proper for carrying into
execution any of the powers granted by
the Constitution, to establish an Office or
Offices in any Of the States whatever. and
Ike establishment; thereof shall be directed
by law, it shall he the duty of the said
directors 10 establish such office or offices
Accordingly"
This proyiso was intended to reserve 4
power - Congress to compel the bank