Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-07-31

The legislative power Of New York or Pennsyl,
vsnia, exerted in creating corporation by the
force Of their own laws. If this can be legit.
mately done with regard to Bank created by
the authority Of State, or even OF a foreign
country for | do not doubt, said Mr.. R., that
with the sovereign assent Of State, even branch
OF the Bank Of England might be established
within It's borders, can il not be as unauestiona.
bly, done with regard to Bank created by Con.
gress in this District! To deny it, is not TO ques.
ton power Of Congress, but to assail the vital
principle Of State sovereignty itself.
| Ii the individual action OF the States il, such
an anomaly as gentlemen would represent it
never to be recognized, in any case. whatever,
in the operations OF the General Government
how has it happened, Mr.. President, that partic
ular States have, from time to time, surrendered
their soil and jurisdiction-ceded large portions
Of their territory, with all the rights Of ownership
and sovereignty attached to ito the General
Government? | do not speak here OF those put
chases Of paroles OF land made by the United
States, Nth The consent of the Legislatures of
the particular States in sbhich they lie, for the
erection Of forts, arsenals, dock. yards, &C., be.
cause they are provided for by special clause in
the Constitution. Nor do speak of those earlier
SESSIONS Of territory in the Northwest made By
the proprietor States, previous 10 the adoption OF
the Constitution. But speak Of those SESSIONS
and compacts Of particular States, speak Of
the cession Of her western territory to the United
States by Georgia in 1902, out Of which two Of
the youthful States OF the Southwest Alabama
and Mississippi, have grown up; speak OF the
surrender to the United States Of her ,cestern re.
seroe by the State of Connecticut, at still later
period. Were these nominated in the bond?'
Can gentlemen show me any clause in the Con-
stitution, which empowered those two States 10
make those large concessions Of territory to the
Union. No, SIR There is none such. They
acted, each one for ITSELF in virtue OF their sepa.
rate sovereignty, existing anterior to the Con.
sttution, and still remaining, except where it has
been restrained or taken aEay by positive pro.
visions Of the Constitution.
This principle OF State assent, in concurrence
with acts OF national authority, ought to be no
novelty to the honorable Senator fiom Kentucky,
at least. His annual journey from Ashland to
Washington and from Washington to Ashland is
pared with it, over every foot OF the Cumberland
road; for the honorable Senator will doubtless
recollect that, in the act for the establishment of
that great highway, IAN act which bear, the sigma
ture OF Mr.. Jefferson as President OF the United
Ststes,) The previous assent Of the three States Of
Maryland, Pennsylvania and Virginia was e1.
pressly required to be given to the construction Of
the road within their respective limits, and that
assent was actually given by separate and formal
acts OF the Legislatures Of those States, before
spade or pckaxe was displayed upon their soil.
Blu, there is more recent act Of charter less
questioned, involving the same principle, and in
which many Of US personally bore our parts,
which beg leave to recall TO the recollection Of
the Senate. refer 10 the law passed by Con-
gress in 1886 for deposi,ing the surplus revenue
Of the United States in the Treasures Of the
several States, with the assent Of the States first
given 10 the terms Of the deposit by acts OF their
respective Legislatures. No gentleman will
contend that Congress could have obtruded the
keeping Of any portion Of the national treasure
upon the States or any Of them, wis nut ther
sovereign assent, separately and freely given.
each one acting for ITSELF and yet with that assent
thus given, the legality ard constitu,ionality OF
the arrangement never has been, and never can
be questioned. The principle Of it is obvious.
Congress. on its part, possesses the power TO pro.
vide, at its discretion, for the safekeeping Of the
public money. The States, ON their part, pos
sess the power TO accept the custody and use Of
those funds, if rendered, as they may think fit.
The concurrent action of these two authorities,
each exerting itself in its own sphere, and without
in any manner, adding 10 the power Of the other
in its sphere produces precisely that practical
result, which is contemplated in the presen. case
from the assent Of the States, to the establishment
,c:ttn their limits, Of branches OF an Institution,
created by Congress, ,cithin this District.
might, said Mr.. Rives, pursue this subject
much further; but forbear. will only men
ton, in passing, for edfcation Of those prpleSsed
disciples OF strict construction, who are in the
habit of leaning en- the v.neraten name OF Jeffer-
son, an instance in which that great Republican
statesman attributed TO the individual assent Of
the States an efficacy, in regard 10 the distribution
OF power between the States and the General
Government far beyond any thing that is con-
templsted by the plan OF the Secretary Of the
Treasury. Believing that a final and adequate
remedy could not be found for the disorders Of
the currency, while the States possessed the pow
er OF creating banking institutions. he proposed
in letter addressed by him, in June, 1918, 10
/ Mr.. Eppes, then Chairman OF the Committee Of
I Ways and Means in the House Of Represents
tives, that 1.-The States should he applied to, to
transfer the right of isstins circulating paper to
Congress exclusively. in perpetunn il possible,
but during the war at least, with saving Of char
ter rights" That this transfer, according 10 hii
plan, was TO be made by the States not in the
form OF constitutional amendment requiring
The concurrence OF ee.fourths, but by the sep
arate action Of each State for itself, is conclu
Svely shown by subsequent letter addressed b,
him to the same gentleman in November, 1913
in which he uses the following language
al still believe that on proper representations o
the sulje ct, great proportion of the State Legis
latnres aoRR cede m Congress theft porer Of rs
abltshing Banks, saving the chartet rights ALREADY
granted. And this should he nsked, mt by tray o