The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1841-08-26
VOL. 2 NO. 81. WHOLE NO. "a
THURSDAY EVENING IN

The assent or dissent 10 10 be expresses uH-
cOaditiOnallv at the first session Of the Legis-
inture, By some formal Legislature act; end if
not so expressed, Its assent is to be implied;
% aGd me directors are lheTeuPOu invested with
power nj such time thereafter a. they msy
rlca.e, 10 establish branches which cannot af-
terwards bo ~ithdrnwn, except by resolve OF
CongIcs. No matter what may bc the cause
whteh may opera 10 With the Legislature, vhich
either ptsvenis il from speaking, or atdfepess
itself 10 Iis wisdom, 10 induce delay, ils esssEi
il to be implied, This nan iuse - 10 give to
way to no ctfcum.tances-it ~ unhendlog ana
lniexbls Il Is the language OF the mAslsf 10
The vasssI- an uncondhIOnsl answer is clslm-
ed for'hN lr,; and delay, poslpUnemeni. or iD>
eapariu 10 answe,, produces animplled asseut
wtich,is cesr s1f1lstevocsble Nlany'og ihP
State elections have ready taken; place, with
oul any knowledge, on the part OF the People
Iha, such question Wbs to cetpe up. .'.j
The Representatives may desire Submission Of the
question their constituents preparatory TO final action
upon it, but this high privilege Is dened whatever may
he the motives and views entertained by the kepreseH
tatves of the People 10 induce delay, tier ntspntm 10
be presumed, and is afterwards blGdns, unless iheir
dissent shall be Internationally expressed at Their hTst
Eesppn aicr the passage oflhs bill into law. They
may hy formal resolution. declare the question Of as
senl or dissent be undecided and postponed; and YET
in opposition their express declaration 10 me contra
ry their assent Is - be implied. Cases mnumerable
might be cited 10 manifest the irratonaty OF such an
Inference. Let one or two addition suffice Ihe
popular branch oIlhs Legislature may express its dis
ant hy an uuanimnus vote and its resolution may be
defeated by tie of the Senate aud yet the assent
is TO be imped Both branches of the Legislature may
concur in resolution ofdccided dsselt, ind yet the
Governor NAV exert the petO power conferred on m
hy the State Constution and their legislative action
he deleupd aud yet the assent of The Legislative author.
lY implied and the directors ol this contemplated M
sl,ion arr authorised 10 establish branch or brnnch-
es in such State whenever they may find conducive
to the interest of te stockholders to do aud having
once established it, they car under no circumstances
Withdraw it, except by act Ut Congress. The State may
aft rWarJs protest ug ns such unjust iasrence. ht fs
nurorN gone. M assent implied by its failure or
Inability to act at it, first session, and ts vocecan nov.
or afterwards be heard. TO inierences violent and
US the, seem to me irrational, cannot yied my CON
sent No court Of Justice would or could sanction them
without yersns all that is established in judicial pros
ceering, by introducing presumpvns at variance win
fact aud differences at the expense OF reason.- Sno
in cohdiion Of fduress would he presumed to speak,
as m individual manacled and prison. might be pre-
sumed to be in the enjoyment Of freedom. Far better
to say to the States boidy and frankly Congress wills
| and submission is demanded
1t may he said that the directors may not establlsi
branches under such circumstances. But this lsa quss
|
| ,hurty 10 do SO lfthc Legislature Of Nsw York, oi
Pennsylvania or any other State, should be found 10 be
in slch condition Ihave supposed could there be
any sernriy furnished ngainst such step Oh the pnr
Of The directors Nav, is il not fairly TO be- presutnHt
that this provso was introduced Tor the sole purpose
meeting the contingency referred tot Why else
should it have been lntroducedf Andl submit to the
Senate whether 1. can be believed that any State
would be likely to sit quietly down under such state
things! In great measure public interest their pat
rotism NAV be successfully appealed to; but to infc
their assent from circumstances at war with such infer
ence cannot but regard calculated to excilo feel
ing at fatal enmty with the peace and harmony ol the
country. must therefore, regard thlH clause as asser
ting the po wer be in Congress TO establish offices
discount IN State, not only without its assent but
ganst its dissent; and regarding il, cannot sanction
it, On general principles, the right in Congress 10 pre-
scribe terms any State, implies superiority Of pow
er and CONTROL depryes the transaction Of a preenc'
to compact between them and terminates, as we have
seen in the total abrogaon of freedom olacioD on The
part of the States But further tho State may express
after the most solemn form Of legislaon its dissent
which may from time TO time thereafter be repeated, IN
full view Its own interest,", which can never DO sepa-
rated from the wise and bene6ceut operation Of thin
Government and yet Congress may, by virtae Of ihs
las, proviso Overrule lis law and upon grounds which
to such State will appear 10 rest on constructive ne
cessi,y and proprety and nothing more. trcgurd thu
bill as asserting for Congress the right to incorporate
United States Bank with power and right 10 establish
Offices of discount and deposit in the oeveral States
this Union with without their consent; principle L
which have always heretofore been opposed. AM
which can never obtain my sanction. And waivng al
other considerations growing outof in other provisions
return it to the House in which it originated, witt
these my objections to its approval. .,
| Washington, August l6, 164I.