Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-09-04

lsh branch or branches in such State
whenever they may find II conducive TO
the interest OF the STOCKHOLDERS to do SO
and having once established il, they can
under no.circumstances withdraw it, except
by act Of Congress. * w 80
The State may afterwards protest against
such unjust inference, but its authority is
gone. Its assent is implied by its failure
or ina hillty TO act at its first sess ion. and its
voice can never afterwards be heard. To,
infetences so violent, and. as they seem to
me, irrational. | cannot Weld nv consent.
No court of justice would or could sanction
them, without reversing all that is establish
ed in judicial proceeding, by introducing
prescriptions at variance with fact, and in
terences at the expense Of reason. A
State in condition of duress would be
presumed to speak, as an individual, mana
cled and in prison, might be presumed to be
in the enjoyment of freedom. Far better
to say to the States, boldly and frankly
Congress wills and submission is demanded.
1t may be said that The directors may not
establish branches under such circumstan-
ces. But this is question of power, and
this bill invests them with full authority to
do so. If the Legislature 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 fur
nished against such a step on the part oil
the directors? Nay, is it not fairly to be
presumed that this proviso was introduced
Tor the sole purpose Of meeting the contin-
gencv referred TO? Why else should it
have been introduced? And submit to
the Senate, whether it can be believed that
any State would be likely to sit quietly
down under such state of things? In a
great measure OF public interest their patri-
otism may be successfully appealed TO; but
to infer their assent from circumstances at
war with such inference, | cannot but re-
gard as calculated 10 excite feeling at ia tai
enmity with the peace and harmony OF the
country.
must, therefore, regard this clause as as
sorting the power to be in Congress to es.
tabllsh offices of discount in State, not
only without its assent, but against its dis
sent; and SO regarding it, lcannot sanction
it. On general principles, the right in Con-
gress to prescribe terms TO any State, i'm
plies superiority of power and control,
deprives the transaction of all pretence to
compact between them, and terminates, as
we have seen, in the total abrogation of
freedom of action on the part of the States.
But further, the State may express, after
the most solemn form of legislation, its dis
sent, which may from time to time thereaf.
ter be repeated, in full view of its own in
terest, which can never be separated from
the wise and benefcent operations of this
Government; and yet Congress may, by
virtue Of the last proviso, override its laws,
and upon grounds which, TO such State.
will appear to rest on a constructive neces-
sity and propriety, and nothing more. |
regard the bill as asserting for Congress the
right to incorporate United States Bank,
with power and right to establish offices of
discount and deposite in the several States
of this Union with or without their consent:
principle to which have always hereto
fore been opposed, and which can never
obtain my sanction. And waving all other
considerations growing out Of its other pro-
visions, return it to the House in which |
il originated, with these my objections to its
approval.
JOHN TYLER.
WASHINGTON. August 6. l84l.
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